Texas 2015 - 84th Regular

Texas House Bill HB937 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R19783 AJZ-D
2	2	By: Fletcher, Burkett, Bohac, Flynn, Bell, H.B. No. 937
3	3	et al.
4	4	Substitute the following for H.B. No. 937:
5	5	By: Phillips C.S.H.B. No. 937
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the carrying of handguns on the campuses of and certain
11	11	other locations associated with institutions of higher education;
12	12	amending provisions subject to a criminal penalty; creating a
13	13	criminal offense.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter H, Chapter 411, Government Code, is
16	16	amended by adding Section 411.2031 to read as follows:
17	17	Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
18	18	CERTAIN CAMPUSES. (a) For purposes of this section:
19	19	(1) "Campus" means all land and buildings owned or
20	20	leased by an institution of higher education or private or
21	21	independent institution of higher education.
22	22	(2) "Institution of higher education" and "private or
23	23	independent institution of higher education" have the meanings
24	24	assigned by Section 61.003, Education Code.
25	25	(3) "Premises" has the meaning assigned by Section
26	26	46.035, Penal Code.
27	27	(b) A license holder may carry a concealed handgun on or
28	28	about the license holder's person while the license holder is on the
29	29	campus of an institution of higher education or private or
30	30	independent institution of higher education in this state.
31	31	(c) Except as provided by Subsection (d) or (e), an
32	32	institution of higher education or private or independent
33	33	institution of higher education in this state may not adopt any
34	34	rule, regulation, or other provision prohibiting license holders
35	35	from carrying concealed handguns on the campus of the institution.
36	36	(d) An institution of higher education or private or
37	37	independent institution of higher education in this state may
38	38	establish rules, regulations, or other provisions concerning the
39	39	storage of handguns in dormitories or other residential facilities
40	40	that are owned or leased and operated by the institution and located
41	41	on the campus of the institution.
42	42	(e) Except as provided by Section 411.2032, a private or
43	43	independent institution of higher education in this state, after
44	44	consulting with students, staff, and faculty of the institution,
45	45	may establish rules, regulations, or other provisions prohibiting
46	46	license holders from carrying handguns on the campus of the
47	47	institution, on any grounds or building on which an activity
48	48	sponsored by the institution is being conducted, or in a passenger
49	49	transportation vehicle of the institution.
50	50	(f) This section does not permit a person to possess a
51	51	concealed handgun, or go with a concealed handgun, on the premises
52	52	of a hospital maintained or operated by an institution of higher
53	53	education or private or independent institution of higher education
54	54	if the hospital gives effective notice under Section 30.06, Penal
55	55	Code. In this subsection, "hospital" has the meaning assigned by
56	56	Section 241.003, Health and Safety Code.
57	57	(g) This section does not permit a person to possess a
58	58	concealed handgun, or go with a concealed handgun, on the premises
59	59	of a preschool, elementary school, or secondary school that is
60	60	located on the campus of an institution of higher education or
61	61	private or independent institution of higher education if the
62	62	institution gives effective notice under Section 30.06, Penal Code.
63	63	(h) This section does not permit a person to possess a
64	64	concealed handgun, or go with a concealed handgun, inside a
65	65	building or a portion of a building that is in continuous use as a
66	66	national biocontainment laboratory in which biological specimens
67	67	are stored or used and that is located on the premises of an
68	68	institution of higher education or private or independent
69	69	institution of higher education and maintained or operated by the
70	70	institution, if the institution gives effective notice under
71	71	Section 30.06, Penal Code, with respect to that building or portion
72	72	of that building. This subsection does not apply to any portion of
73	73	a building to which students, faculty, staff, or the general public
74	74	are granted unrestricted access.
75	75	SECTION 2. Section 411.208, Government Code, is amended by
76	76	amending Subsections (a), (b), and (d) and adding Subsection (f) to
77	77	read as follows:
78	78	(a) A court may not hold the state, an agency or subdivision
79	79	of the state, an officer or employee of the state, an institution of
80	80	higher education, an officer or employee of an institution of
81	81	higher education, a private or independent institution of higher
82	82	education that has not adopted rules under Section 411.2031(e), an
83	83	officer or employee of a private or independent institution of
84	84	higher education that has not adopted rules under Section
85	85	411.2031(e), a peace officer, or a qualified handgun instructor
86	86	liable for damages caused by:
87	87	(1) an action authorized under this subchapter or a
88	88	failure to perform a duty imposed by this subchapter; or
89	89	(2) the actions of an applicant or license holder that
90	90	occur after the applicant has received a license or been denied a
91	91	license under this subchapter.
92	92	(b) A cause of action in damages may not be brought against
93	93	the state, an agency or subdivision of the state, an officer or
94	94	employee of the state, an institution of higher education, an
95	95	officer or employee of an institution of higher education, a
96	96	private or independent institution of higher education that has not
97	97	adopted rules under Section 411.2031(e), an officer or employee of
98	98	a private or independent institution of higher education that has
99	99	not adopted rules under Section 411.2031(e), a peace officer, or a
100	100	qualified handgun instructor for any damage caused by the actions
101	101	of an applicant or license holder under this subchapter.
102	102	(d) The immunities granted under Subsections (a), (b), and
103	103	(c) do not apply to:
104	104	(1) an act or a failure to act by the state, an agency
105	105	or subdivision of the state, an officer of the state, an institution
106	106	of higher education, an officer or employee of an institution of
107	107	higher education, a private or independent institution of higher
108	108	education that has not adopted rules under Section 411.2031(e), an
109	109	officer or employee of a private or independent institution of
110	110	higher education that has not adopted rules under Section
111	111	411.2031(e), or a peace officer if the act or failure to act was
112	112	capricious or arbitrary; or
113	113	(2) any officer or employee of an institution of
114	114	higher education or private or independent institution of higher
115	115	education described by Subdivision (1) who possesses a handgun on
116	116	the campus of that institution and whose conduct with regard to the
117	117	handgun is made the basis of a claim for personal injury or property
118	118	damage.
119	119	(f) For purposes of this section:
120	120	(1) "Campus" has the meaning assigned by Section
121	121	411.2031.
122	122	(2) "Institution of higher education" and "private or
123	123	independent institution of higher education" have the meanings
124	124	assigned by Section 61.003, Education Code.
125	125	SECTION 3. Section 30.06(e), Penal Code, is amended to read
126	126	as follows:
127	127	(e) It is an exception to the application of this section
128	128	that the property on which the license holder carries a handgun is
129	129	owned or leased by a governmental entity and is not:
130	130	(1) a premises or other place on which the license
131	131	holder is prohibited from carrying the handgun under Section 46.03
132	132	or 46.035; or
133	133	(2) the portion of the premises of an institution of
134	134	higher education, as defined by Section 61.003, Education Code,
135	135	that is described by Section 411.2031(h), Government Code.
136	136	SECTION 4. Section 46.03, Penal Code, is amended by
137	137	amending Subsections (a) and (c) and adding Subsections (j), (k),
138	138	and (l) to read as follows:
139	139	(a) A person commits an offense if the person intentionally,
140	140	knowingly, or recklessly possesses or goes with a firearm, illegal
141	141	knife, club, or prohibited weapon listed in Section 46.05(a):
142	142	(1) on the physical premises of a school or
143	143	educational institution, any grounds or building on which an
144	144	activity sponsored by a school or educational institution is being
145	145	conducted, or a passenger transportation vehicle of a school or
146	146	educational institution, whether the school or educational
147	147	institution is public or private, unless:
148	148	(A) pursuant to written regulations or written
149	149	authorization of the institution; or
150	150	(B) the person possesses or goes with a concealed
151	151	handgun that the person is licensed to carry under Subchapter H,
152	152	Chapter 411, Government Code, and no other weapon to which this
153	153	section applies, on the premises of an institution of higher
154	154	education or private or independent institution of higher
155	155	education, on any grounds or building on which an activity
156	156	sponsored by the institution is being conducted, or in a passenger
157	157	transportation vehicle of the institution;
158	158	(2) on the premises of a polling place on the day of an
159	159	election or while early voting is in progress;
160	160	(3) on the premises of any government court or offices
161	161	utilized by the court, unless pursuant to written regulations or
162	162	written authorization of the court;
163	163	(4) on the premises of a racetrack;
164	164	(5) in or into a secured area of an airport; or
165	165	(6) within 1,000 feet of premises the location of
166	166	which is designated by the Texas Department of Criminal Justice as a
167	167	place of execution under Article 43.19, Code of Criminal Procedure,
168	168	on a day that a sentence of death is set to be imposed on the
169	169	designated premises and the person received notice that:
170	170	(A) going within 1,000 feet of the premises with
171	171	a weapon listed under this subsection was prohibited; or
172	172	(B) possessing a weapon listed under this
173	173	subsection within 1,000 feet of the premises was prohibited.
174	174	(c) In this section:
175	175	(1) "Institution of higher education" and "private or
176	176	independent institution of higher education" have the meanings
177	177	assigned by Section 61.003, Education Code.
178	178	(2) "Premises" has the meaning assigned by Section
179	179	46.035.
180	180	(3) [(2)] "Secured area" means an area of an airport
181	181	terminal building to which access is controlled by the inspection
182	182	of persons and property under federal law.
183	183	(j) Subsection (a)(1)(B) does not permit a person to possess
184	184	a concealed handgun, or go with a concealed handgun, on the premises
185	185	of a hospital maintained or operated by an institution of higher
186	186	education or private or independent institution of higher education
187	187	if the hospital gives effective notice under Section 30.06. In this
188	188	subsection, "hospital" has the meaning assigned by Section 241.003,
189	189	Health and Safety Code.
190	190	(k) Subsection (a)(1)(B) does not permit a person to possess
191	191	a concealed handgun, or go with a concealed handgun, on the premises
192	192	of a preschool, elementary school, or secondary school that is
193	193	located on the premises of an institution of higher education or
194	194	private or independent institution of higher education if the
195	195	institution gives effective notice under Section 30.06.
196	196	(l) Subsection (a)(1)(B) does not permit a person to possess
197	197	a concealed handgun, or go with a concealed handgun, inside a
198	198	building or a portion of a building that is in continuous use as a
199	199	national biocontainment laboratory in which biological specimens
200	200	are stored or used and that is located on the premises of an
201	201	institution of higher education or private or independent
202	202	institution of higher education and maintained or operated by the
203	203	institution, if the institution gives effective notice under
204	204	Section 30.06 with respect to that building or portion of that
205	205	building. This subsection does not apply to any portion of a
206	206	building to which students, faculty, staff, or the general public
207	207	are granted unrestricted access.
208	208	SECTION 5. Section 46.035, Penal Code, is amended by
209	209	amending Subsections (g), (h), and (j) and adding Subsections (a-1)
210	210	and (l) to read as follows:
211	211	(a-1) A license holder commits an offense if the license
212	212	holder carries a partially or wholly visible handgun, regardless of
213	213	whether the handgun is holstered, on or about the license holder's
214	214	person under the authority of Subchapter H, Chapter 411, Government
215	215	Code, and intentionally displays the handgun in plain view of
216	216	another person:
217	217	(1) on the premises of an institution of higher
218	218	education or private or independent institution of higher
219	219	education; or
220	220	(2) on any public or private driveway, street,
221	221	sidewalk or walkway, parking lot, parking garage, or other parking
222	222	area of an institution of higher education or private or
223	223	independent institution of higher education.
224	224	(g) An offense under this section [Subsection (a), (b), (c),
225	225	(d), or (e)] is a Class A misdemeanor, unless the offense is
226	226	committed under Subsection (b)(1) or (b)(3), in which event the
227	227	offense is a felony of the third degree.
228	228	(h) It is a defense to prosecution under Subsection (a) or
229	229	(a-1) that the actor, at the time of the commission of the offense,
230	230	displayed the handgun under circumstances in which the actor would
231	231	have been justified in the use of force or deadly force under
232	232	Chapter 9.
233	233	(j) Subsections (a), (a-1), and (b)(1) do not apply to a
234	234	historical reenactment performed in compliance with the rules of
235	235	the Texas Alcoholic Beverage Commission.
236	236	(l) Subsection (b)(2) does not apply on the premises where a
237	237	collegiate sporting event is taking place if the actor was not given
238	238	effective notice under Section 30.06.
239	239	SECTION 6. Section 46.035(f), Penal Code, is amended by
240	240	adding Subdivision (1-a) to read as follows:
241	241	(1-a) "Institution of higher education" and "private
242	242	or independent institution of higher education" have the meanings
243	243	assigned by Section 61.003, Education Code.
244	244	SECTION 7. Section 411.208, Government Code, as amended by
245	245	this Act, applies only to a cause of action that accrues on or after
246	246	the effective date of this Act. A cause of action that accrues
247	247	before the effective date of this Act is governed by the law in
248	248	effect immediately before that date, and that law is continued in
249	249	effect for that purpose.
250	250	SECTION 8. The change in law made by this Act applies only
251	251	to an offense committed on or after the effective date of this Act.
252	252	An offense committed before the effective date of this Act is
253	253	governed by the law in effect on the date the offense was committed,
254	254	and the former law is continued in effect for that purpose. For
255	255	purposes of this section, an offense was committed before the
256	256	effective date of this Act if any element of the offense occurred
257	257	before that date.
258	258	SECTION 9. This Act takes effect September 1, 2015.