Texas 2017 - 85th Regular

Texas House Bill HB282 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1554 AJZ-D
2	2	By: Anchia H.B. No. 282
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of handguns on the campuses of and certain
8	8	other locations associated with institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.2031(e), Government Code, is amended
11	11	to read as follows:
12	12	(e) An institution of higher education or [A] private or
13	13	independent institution of higher education in this state, after
14	14	consulting with students, staff, and faculty of the institution,
15	15	may establish rules, regulations, or other provisions prohibiting
16	16	license holders from carrying handguns on the campus of the
17	17	institution, any grounds or building on which an activity sponsored
18	18	by the institution is being conducted, or a passenger
19	19	transportation vehicle owned by the institution.
20	20	SECTION 2. Sections 411.208(a), (b), and (d), Government
21	21	Code, are amended to read as follows:
22	22	(a) A court may not hold the state, an agency or subdivision
23	23	of the state, an officer or employee of the state, an institution of
24	24	higher education [, an officer] or [employee of an institution of
25	25	higher education, a] private or independent institution of higher
26	26	education that has not adopted rules under Section 411.2031(e), an
27	27	officer or employee of an institution of higher education or [a]
28	28	private or independent institution of higher education that has not
29	29	adopted rules under Section 411.2031(e), a peace officer, or a
30	30	qualified handgun instructor liable for damages caused by:
31	31	(1) an action authorized under this subchapter or a
32	32	failure to perform a duty imposed by this subchapter; or
33	33	(2) the actions of an applicant or license holder that
34	34	occur after the applicant has received a license or been denied a
35	35	license under this subchapter.
36	36	(b) A cause of action in damages may not be brought against
37	37	the state, an agency or subdivision of the state, an officer or
38	38	employee of the state, an institution of higher education[, an
39	39	officer] or [employee of an institution of higher education, a]
40	40	private or independent institution of higher education that has not
41	41	adopted rules under Section 411.2031(e), an officer or employee of
42	42	an institution of higher education or [a] private or independent
43	43	institution of higher education that has not adopted rules under
44	44	Section 411.2031(e), a peace officer, or a qualified handgun
45	45	instructor for any damage caused by the actions of an applicant or
46	46	license holder under this subchapter.
47	47	(d) The immunities granted under Subsections (a), (b), and
48	48	(c) do not apply to:
49	49	(1) an act or a failure to act by the state, an agency
50	50	or subdivision of the state, an officer of the state, an institution
51	51	of higher education[, an officer] or [employee of an institution of
52	52	higher education, a] private or independent institution of higher
53	53	education that has not adopted rules under Section 411.2031(e), an
54	54	officer or employee of an institution of higher education or [a]
55	55	private or independent institution of higher education that has not
56	56	adopted rules under Section 411.2031(e), or a peace officer if the
57	57	act or failure to act was capricious or arbitrary; or
58	58	(2) any officer or employee of an institution of
59	59	higher education or private or independent institution of higher
60	60	education described by Subdivision (1) who possesses a handgun on
61	61	the campus of that institution and whose conduct with regard to the
62	62	handgun is made the basis of a claim for personal injury or property
63	63	damage.
64	64	SECTION 3. Section 46.035(a-2), Penal Code, is amended to
65	65	read as follows:
66	66	(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
67	67	license holder commits an offense if the license holder carries a
68	68	handgun on the campus of an institution of higher education or [a]
69	69	private or independent institution of higher education in this
70	70	state that has established rules, regulations, or other provisions
71	71	prohibiting license holders from carrying handguns pursuant to
72	72	Section 411.2031(e), Government Code, or on the grounds or building
73	73	on which an activity sponsored by such an institution is being
74	74	conducted, or in a passenger transportation vehicle of such an
75	75	institution, regardless of whether the handgun is concealed,
76	76	provided the institution gives effective notice under Section
77	77	30.06.
78	78	SECTION 4. Section 46.035(g), Penal Code, as amended by
79	79	Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th
80	80	Legislature, Regular Session, 2015, is reenacted and amended to
81	81	read as follows:
82	82	(g) An offense under this section [(a-1), (a-2), (a-3),] is
83	83	a Class A misdemeanor, unless the offense is committed under
84	84	Subsection (b)(1) or (b)(3), in which event the offense is a felony
85	85	of the third degree.
86	86	SECTION 5. Sections 46.035(h) and (j), Penal Code, as
87	87	amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the
88	88	84th Legislature, Regular Session, 2015, are reenacted and amended
89	89	to read as follows:
90	90	(h) It is a defense to prosecution under Subsection (a),
91	91	(a-1), or (a-2)[, or (a-3)] that the actor, at the time of the
92	92	commission of the offense, displayed the handgun under
93	93	circumstances in which the actor would have been justified in the
94	94	use of force or deadly force under Chapter 9.
95	95	(j) Subsections (a), (a-1), (a-2), [(a-3),] and (b)(1) do
96	96	not apply to a historical reenactment performed in compliance with
97	97	the rules of the Texas Alcoholic Beverage Commission.
98	98	SECTION 6. The following laws are repealed:
99	99	(1) Sections 411.2031(c), (d-1), (d-2), (d-3), and
100	100	(d-4), Government Code; and
101	101	(2) Section 46.035(a-3), Penal Code.
102	102	SECTION 7. Section 411.208, Government Code, as amended by
103	103	this Act, applies only to a cause of action that accrues on or after
104	104	the effective date of this Act. A cause of action that accrues
105	105	before the effective date of this Act is governed by the law in
106	106	effect immediately before that date, and that law is continued in
107	107	effect for that purpose.
108	108	SECTION 8. The change in law made by this Act applies only
109	109	to an offense committed on or after the effective date of this Act.
110	110	An offense committed before the effective date of this Act is
111	111	governed by the law in effect on the date the offense was committed,
112	112	and the former law is continued in effect for that purpose. For
113	113	purposes of this section, an offense was committed before the
114	114	effective date of this Act if any element of the offense occurred
115	115	before that date.
116	116	SECTION 9. This Act takes effect September 1, 2017.