Texas 2019 - 86th Regular

Texas Senate Bill SB2146 Compare Versions

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

Old	New	Differences
1	1	86R9703 MEW-F
2	2	By: Hall S.B. No. 2146
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of concealed handguns by handgun license
8	8	holders on the campus of a school district or open-enrollment
9	9	charter school.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 37, Education Code, is
12	12	amended by adding Section 37.0818 to read as follows:
13	13	Sec. 37.0818. CARRYING OF HANDGUNS BY SCHOOL EMPLOYEES.
14	14	(a) For purposes of this section, "premises" has the meaning
15	15	assigned by Section 46.035, Penal Code.
16	16	(b) Except as provided by Sections 37.0811(c) and (d), the
17	17	board of trustees of a school district or the governing body of an
18	18	open-enrollment charter school may not adopt any rule, regulation,
19	19	or other provision prohibiting or restricting a district or school
20	20	employee, while performing job duties on the premises of a district
21	21	or school, from carrying in a concealed manner a handgun that the
22	22	person is licensed to carry under Subchapter H, Chapter 411,
23	23	Government Code.
24	24	SECTION 2. Section 411.2032(a), Government Code, is amended
25	25	by amending Subdivision (1) and adding Subdivision (3) to read as
26	26	follows:
27	27	(1) "Campus" means all land and buildings owned or
28	28	leased by a school district, open-enrollment charter school, [an]
29	29	institution of higher education, or private or independent
30	30	institution of higher education.
31	31	(3) "Open-enrollment charter school" and "school
32	32	district" have the meanings assigned by Section 411.2033.
33	33	SECTION 3. Section 411.2032(b), Government Code, is amended
34	34	to read as follows:
35	35	(b) A school district, open-enrollment charter school, [An]
36	36	institution of higher education, or private or independent
37	37	institution of higher education in this state may not adopt or
38	38	enforce any rule, regulation, or other provision or take any other
39	39	action, including posting notice under Section 30.06 or 30.07,
40	40	Penal Code, prohibiting or placing restrictions on the storage or
41	41	transportation of a firearm or ammunition in a locked, privately
42	42	owned or leased motor vehicle by a person, including a student or
43	43	employee [enrolled at that institution], who holds a license to
44	44	carry a handgun under this subchapter and lawfully possesses the
45	45	firearm or ammunition:
46	46	(1) on a street or driveway located on the campus of
47	47	the district, school, or institution; or
48	48	(2) in a parking lot, parking garage, or other parking
49	49	area located on the campus of the district, school, or institution.
50	50	SECTION 4. Subchapter H, Chapter 411, Government Code, is
51	51	amended by adding Section 411.2033 to read as follows:
52	52	Sec. 411.2033. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
53	53	PUBLIC SCHOOL CAMPUSES. (a) For purposes of this section:
54	54	(1) "Campus" means all land and buildings owned or
55	55	leased by a school district or open-enrollment charter school.
56	56	(2) "Open-enrollment charter school" means a school
57	57	that has been granted a charter under Subchapter D, Chapter 12,
58	58	Education Code.
59	59	(3) "School district" means any public school district
60	60	in this state.
61	61	(b) A license holder may carry a concealed handgun on or
62	62	about the license holder's person while the license holder is on the
63	63	campus of a school district or open-enrollment charter school in
64	64	this state.
65	65	(c) A school district or open-enrollment charter school in
66	66	this state may not adopt any rule, regulation, or other provision
67	67	prohibiting license holders from carrying handguns on a campus of
68	68	the district or school.
69	69	SECTION 5. Sections 411.208(a), (b), and (d), Government
70	70	Code, are amended to read as follows:
71	71	(a) A court may not hold the state, an agency or subdivision
72	72	of the state, an officer or employee of the state, a school district
73	73	or open-enrollment charter school, an officer or employee of a
74	74	school district or open-enrollment charter school, an institution
75	75	of higher education, an officer or employee of an institution of
76	76	higher education, a private or independent institution of higher
77	77	education that has not adopted rules under Section 411.2031(e), an
78	78	officer or employee of a private or independent institution of
79	79	higher education that has not adopted rules under Section
80	80	411.2031(e), a peace officer, a qualified handgun instructor, or an
81	81	approved online course provider liable for damages caused by:
82	82	(1) an action authorized under this subchapter or a
83	83	failure to perform a duty imposed by this subchapter; or
84	84	(2) the actions of an applicant or license holder that
85	85	occur after the applicant has received a license or been denied a
86	86	license under this subchapter.
87	87	(b) A cause of action in damages may not be brought against
88	88	the state, an agency or subdivision of the state, an officer or
89	89	employee of the state, a school district or open-enrollment charter
90	90	school, an officer or employee of a school district or
91	91	open-enrollment charter school, an institution of higher
92	92	education, an officer or employee of an institution of higher
93	93	education, a private or independent institution of higher education
94	94	that has not adopted rules under Section 411.2031(e), an officer or
95	95	employee of a private or independent institution of higher
96	96	education that has not adopted rules under Section 411.2031(e), a
97	97	peace officer, a qualified handgun instructor, or an approved
98	98	online course provider for any damage caused by the actions of an
99	99	applicant or license holder under this subchapter.
100	100	(d) The immunities granted under Subsections (a), (b), and
101	101	(c) do not apply to:
102	102	(1) an act or a failure to act by the state, an agency
103	103	or subdivision of the state, an officer of the state, a school
104	104	district or open-enrollment charter school, an officer or employee
105	105	of a school district or open-enrollment charter school, an
106	106	institution of higher education, an officer or employee of an
107	107	institution of higher education, a private or independent
108	108	institution of higher education that has not adopted rules under
109	109	Section 411.2031(e), an officer or employee of a private or
110	110	independent institution of higher education that has not adopted
111	111	rules under Section 411.2031(e), or a peace officer if the act or
112	112	failure to act was capricious or arbitrary; or
113	113	(2) any officer or employee of a school district,
114	114	open-enrollment charter school, [an] institution of higher
115	115	education, or private or independent institution of higher
116	116	education described by Subdivision (1) who possesses a handgun on
117	117	the campus of that district, school, or institution and whose
118	118	conduct with regard to the handgun is made the basis of a claim for
119	119	personal injury or property damage.
120	120	SECTION 6. Section 411.208(f), Government Code, is amended
121	121	by amending Subdivision (1) and adding Subdivision (3) to read as
122	122	follows:
123	123	(1) "Campus" means all land and buildings owned or
124	124	leased by a school district, open-enrollment charter school,
125	125	institution of higher education, or private or independent
126	126	institution of higher education [has the meaning assigned by
127	127	Section 411.2031].
128	128	(3) "Open-enrollment charter school" and "school
129	129	district" have the meanings assigned by Section 411.2033.
130	130	SECTION 7. Section 46.03(a), Penal Code, is amended to read
131	131	as follows:
132	132	(a) A person commits an offense if the person intentionally,
133	133	knowingly, or recklessly possesses or goes with a firearm,
134	134	location-restricted knife, club, or prohibited weapon listed in
135	135	Section 46.05(a):
136	136	(1) on the physical premises of a school or
137	137	educational institution, any grounds or building on which an
138	138	activity sponsored by a school or educational institution is being
139	139	conducted, or a passenger transportation vehicle of a school or
140	140	educational institution, whether the school or educational
141	141	institution is public or private, unless:
142	142	(A) pursuant to written regulations or written
143	143	authorization of the institution; or
144	144	(B) the person possesses or goes with a concealed
145	145	handgun that the person is licensed to carry under Subchapter H,
146	146	Chapter 411, Government Code, and no other weapon to which this
147	147	section applies, on the premises of a school district,
148	148	open-enrollment charter school, [an] institution of higher
149	149	education, or private or independent institution of higher
150	150	education, on any grounds or building on which an activity
151	151	sponsored by the district, school, or institution is being
152	152	conducted, or in a passenger transportation vehicle of the
153	153	institution;
154	154	(2) on the premises of a polling place on the day of an
155	155	election or while early voting is in progress;
156	156	(3) on the premises of any government court or offices
157	157	utilized by the court, unless pursuant to written regulations or
158	158	written authorization of the court;
159	159	(4) on the premises of a racetrack;
160	160	(5) in or into a secured area of an airport; or
161	161	(6) within 1,000 feet of premises the location of
162	162	which is designated by the Texas Department of Criminal Justice as a
163	163	place of execution under Article 43.19, Code of Criminal Procedure,
164	164	on a day that a sentence of death is set to be imposed on the
165	165	designated premises and the person received notice that:
166	166	(A) going within 1,000 feet of the premises with
167	167	a weapon listed under this subsection was prohibited; or
168	168	(B) possessing a weapon listed under this
169	169	subsection within 1,000 feet of the premises was prohibited.
170	170	SECTION 8. Section 46.03(c), Penal Code, is amended by
171	171	adding Subdivisions (4) and (5) to read as follows:
172	172	(4) "Open-enrollment charter school" means a school
173	173	that has been granted a charter under Subchapter D, Chapter 12,
174	174	Education Code.
175	175	(5) "School district" means any public school district
176	176	in this state.
177	177	SECTION 9. Section 46.035(a-1), Penal Code, as added by
178	178	Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
179	179	Session, 2015, is amended to read as follows:
180	180	(a-1) Notwithstanding Subsection (a), a license holder
181	181	commits an offense if the license holder carries a partially or
182	182	wholly visible handgun, regardless of whether the handgun is
183	183	holstered, on or about the license holder's person under the
184	184	authority of Subchapter H, Chapter 411, Government Code, and
185	185	intentionally or knowingly displays the handgun in plain view of
186	186	another person:
187	187	(1) on the premises of a school district,
188	188	open-enrollment charter school, [an] institution of higher
189	189	education, or private or independent institution of higher
190	190	education; or
191	191	(2) on any public or private driveway, street,
192	192	sidewalk or walkway, parking lot, parking garage, or other parking
193	193	area of a school district, open-enrollment charter school, [an]
194	194	institution of higher education, or private or independent
195	195	institution of higher education.
196	196	SECTION 10. Section 46.035(f), Penal Code, is amended by
197	197	adding Subdivisions (2-a) and (4) to read as follows:
198	198	(2-a) "Open-enrollment charter school" means a school
199	199	that has been granted a charter under Subchapter D, Chapter 12,
200	200	Education Code.
201	201	(4) "School district" means any public school district
202	202	in this state.
203	203	SECTION 11. The following provisions are repealed:
204	204	(1) Section 37.0815, Education Code; and
205	205	(2) Section 46.035(a-1), Penal Code, as added by
206	206	Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
207	207	Session, 2015.
208	208	SECTION 12. Section 411.208, Government Code, as amended by
209	209	this Act, applies only to a cause of action that accrues on or after
210	210	the effective date of this Act. A cause of action that accrues
211	211	before the effective date of this Act is governed by the law in
212	212	effect immediately before that date, and that law is continued in
213	213	effect for that purpose.
214	214	SECTION 13. The change in law made by this Act applies only
215	215	to an offense committed on or after the effective date of this Act.
216	216	An offense committed before the effective date of this Act is
217	217	governed by the law in effect on the date the offense was committed,
218	218	and the former law is continued in effect for that purpose. For
219	219	purposes of this section, an offense was committed before the
220	220	effective date of this Act if any element of the offense occurred
221	221	before that date.
222	222	SECTION 14. This Act takes effect August 1, 2020.