| 1 | 1 | | 87R1396 AJZ-D |
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| 2 | 2 | | By: Anchia H.B. No. 1769 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the carrying of handguns on the campuses of and certain |
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| 8 | 8 | | other locations associated with institutions of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 411.2031(e), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (e) An institution of higher education or [A] private or |
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| 13 | 13 | | independent institution of higher education in this state, after |
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| 14 | 14 | | consulting with students, staff, and faculty of the institution, |
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| 15 | 15 | | may establish rules, regulations, or other provisions prohibiting |
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| 16 | 16 | | license holders from carrying handguns on the campus of the |
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| 17 | 17 | | institution, any grounds or building on which an activity sponsored |
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| 18 | 18 | | by the institution is being conducted, or a passenger |
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| 19 | 19 | | transportation vehicle owned by the institution. |
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| 20 | 20 | | SECTION 2. Sections 411.208(a), (b), and (d), Government |
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| 21 | 21 | | Code, are amended to read as follows: |
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| 22 | 22 | | (a) A court may not hold the state, an agency or subdivision |
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| 23 | 23 | | of the state, an officer or employee of the state, an institution of |
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| 24 | 24 | | higher education[, an officer] or [employee of an institution of |
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| 25 | 25 | | higher education, a] private or independent institution of higher |
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| 26 | 26 | | education that has not adopted rules under Section 411.2031(e), an |
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| 27 | 27 | | officer or employee of an institution of higher education or [a] |
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| 28 | 28 | | private or independent institution of higher education that has not |
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| 29 | 29 | | adopted rules under Section 411.2031(e), a peace officer, a |
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| 30 | 30 | | qualified handgun instructor, or an approved online course provider |
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| 31 | 31 | | liable for damages caused by: |
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| 32 | 32 | | (1) an action authorized under this subchapter or a |
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| 33 | 33 | | failure to perform a duty imposed by this subchapter; or |
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| 34 | 34 | | (2) the actions of an applicant or license holder that |
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| 35 | 35 | | occur after the applicant has received a license or been denied a |
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| 36 | 36 | | license under this subchapter. |
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| 37 | 37 | | (b) A cause of action in damages may not be brought against |
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| 38 | 38 | | the state, an agency or subdivision of the state, an officer or |
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| 39 | 39 | | employee of the state, an institution of higher education[, an |
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| 40 | 40 | | officer] or [employee of an institution of higher education, a] |
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| 41 | 41 | | private or independent institution of higher education that has not |
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| 42 | 42 | | adopted rules under Section 411.2031(e), an officer or employee of |
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| 43 | 43 | | an institution of higher education or [a] private or independent |
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| 44 | 44 | | institution of higher education that has not adopted rules under |
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| 45 | 45 | | Section 411.2031(e), a peace officer, a qualified handgun |
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| 46 | 46 | | instructor, or an approved online course provider for any damage |
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| 47 | 47 | | caused by the actions of an applicant or license holder under this |
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| 48 | 48 | | subchapter. |
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| 49 | 49 | | (d) The immunities granted under Subsections (a), (b), and |
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| 50 | 50 | | (c) do not apply to: |
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| 51 | 51 | | (1) an act or a failure to act by the state, an agency |
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| 52 | 52 | | or subdivision of the state, an officer of the state, an institution |
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| 53 | 53 | | of higher education[, an officer] or [employee of an institution of |
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| 54 | 54 | | higher education, a] private or independent institution of higher |
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| 55 | 55 | | education that has not adopted rules under Section 411.2031(e), an |
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| 56 | 56 | | officer or employee of an institution of higher education or [a] |
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| 57 | 57 | | private or independent institution of higher education that has not |
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| 58 | 58 | | adopted rules under Section 411.2031(e), or a peace officer if the |
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| 59 | 59 | | act or failure to act was capricious or arbitrary; or |
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| 60 | 60 | | (2) any officer or employee of an institution of |
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| 61 | 61 | | higher education or private or independent institution of higher |
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| 62 | 62 | | education described by Subdivision (1) who possesses a handgun on |
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| 63 | 63 | | the campus of that institution and whose conduct with regard to the |
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| 64 | 64 | | handgun is made the basis of a claim for personal injury or property |
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| 65 | 65 | | damage. |
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| 66 | 66 | | SECTION 3. Sections 46.035(a-2), (h), and (j), Penal Code, |
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| 67 | 67 | | are amended to read as follows: |
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| 68 | 68 | | (a-2) Notwithstanding Subsection (a) or Section 46.03(a), a |
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| 69 | 69 | | license holder commits an offense if the license holder carries a |
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| 70 | 70 | | handgun on the campus of an institution of higher education or [a] |
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| 71 | 71 | | private or independent institution of higher education in this |
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| 72 | 72 | | state that has established rules, regulations, or other provisions |
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| 73 | 73 | | prohibiting license holders from carrying handguns pursuant to |
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| 74 | 74 | | Section 411.2031(e), Government Code, or on the grounds or building |
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| 75 | 75 | | on which an activity sponsored by such an institution is being |
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| 76 | 76 | | conducted, or in a passenger transportation vehicle of such an |
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| 77 | 77 | | institution, regardless of whether the handgun is concealed, |
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| 78 | 78 | | provided the institution gives effective notice under Section |
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| 79 | 79 | | 30.06. |
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| 80 | 80 | | (h) It is a defense to prosecution under Subsection (a), |
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| 81 | 81 | | (a-1), or (a-2)[, or (a-3)] that the actor, at the time of the |
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| 82 | 82 | | commission of the offense, displayed the handgun under |
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| 83 | 83 | | circumstances in which the actor would have been justified in the |
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| 84 | 84 | | use of force or deadly force under Chapter 9. |
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| 85 | 85 | | (j) Subsections (a), (a-1), (a-2), [(a-3),] and (b)(1) do |
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| 86 | 86 | | not apply to a historical reenactment performed in compliance with |
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| 87 | 87 | | the rules of the Texas Alcoholic Beverage Commission. |
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| 88 | 88 | | SECTION 4. The following laws are repealed: |
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| 89 | 89 | | (1) Sections 411.2031(c), (d-1), (d-2), (d-3), and |
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| 90 | 90 | | (d-4), Government Code; and |
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| 91 | 91 | | (2) Section 46.035(a-3), Penal Code. |
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| 92 | 92 | | SECTION 5. Section 411.208, Government Code, as amended by |
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| 93 | 93 | | this Act, applies only to a cause of action that accrues on or after |
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| 94 | 94 | | the effective date of this Act. A cause of action that accrues |
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| 95 | 95 | | before the effective date of this Act is governed by the law in |
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| 96 | 96 | | effect immediately before that date, and that law is continued in |
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| 97 | 97 | | effect for that purpose. |
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| 98 | 98 | | SECTION 6. The change in law made by this Act applies only |
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| 99 | 99 | | to an offense committed on or after the effective date of this Act. |
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| 100 | 100 | | An offense committed before the effective date of this Act is |
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| 101 | 101 | | governed by the law in effect on the date the offense was committed, |
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| 102 | 102 | | and the former law is continued in effect for that purpose. For |
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| 103 | 103 | | purposes of this section, an offense was committed before the |
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| 104 | 104 | | effective date of this Act if any element of the offense occurred |
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| 105 | 105 | | before that date. |
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| 106 | 106 | | SECTION 7. This Act takes effect September 1, 2021. |
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