Texas 2021 - 87th Regular

Texas House Bill HB3806 Compare Versions

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

Old	New	Differences
1	1	87R12080 AJZ-D
2	2	By: Fierro H.B. No. 3806
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 public junior colleges.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.2031(a)(2), Government Code, is
11	11	amended to read as follows:
12	12	(2) "Institution of higher education," [and] "private
13	13	or independent institution of higher education," and "public junior
14	14	college" have the meanings assigned by Section 61.003, Education
15	15	Code.
16	16	SECTION 2. Section 411.2031, Government Code, is amended by
17	17	amending Subsection (e) and adding Subsection (f) to read as
18	18	follows:
19	19	(e) A public junior college or private or independent
20	20	institution of higher education in this state, after consulting
21	21	with students, staff, and faculty of the institution, may establish
22	22	rules, regulations, or other provisions prohibiting license
23	23	holders from carrying handguns on the campus of the institution,
24	24	any grounds or building on which an activity sponsored by the
25	25	institution is being conducted, or a passenger transportation
26	26	vehicle owned by the institution.
27	27	(f) Subsections (d-1), (d-2), (d-3), and (d-4) do not apply
28	28	to a public junior college.
29	29	SECTION 3. Sections 411.208(a), (b), and (d), Government
30	30	Code, are amended to read as follows:
31	31	(a) A court may not hold the state, an agency or subdivision
32	32	of the state, an officer or employee of the state, an institution of
33	33	higher education, an officer or employee of an institution of
34	34	higher education, a public junior college or private or independent
35	35	institution of higher education that has not adopted rules under
36	36	Section 411.2031(e), an officer or employee of a public junior
37	37	college or private or independent institution of higher education
38	38	that has not adopted rules under Section 411.2031(e), a peace
39	39	officer, a qualified handgun instructor, or an approved online
40	40	course provider liable for damages caused by:
41	41	(1) an action authorized under this subchapter or a
42	42	failure to perform a duty imposed by this subchapter; or
43	43	(2) the actions of an applicant or license holder that
44	44	occur after the applicant has received a license or been denied a
45	45	license under this subchapter.
46	46	(b) A cause of action in damages may not be brought against
47	47	the state, an agency or subdivision of the state, an officer or
48	48	employee of the state, an institution of higher education, an
49	49	officer or employee of an institution of higher education, a public
50	50	junior college or private or independent institution of higher
51	51	education that has not adopted rules under Section 411.2031(e), an
52	52	officer or employee of a public junior college or private or
53	53	independent institution of higher education that has not adopted
54	54	rules under Section 411.2031(e), a peace officer, a qualified
55	55	handgun instructor, or an approved online course provider for any
56	56	damage caused by the actions of an applicant or license holder under
57	57	this subchapter.
58	58	(d) The immunities granted under Subsections (a), (b), and
59	59	(c) do not apply to:
60	60	(1) an act or a failure to act by the state, an agency
61	61	or subdivision of the state, an officer of the state, an institution
62	62	of higher education, an officer or employee of an institution of
63	63	higher education, a public junior college or private or independent
64	64	institution of higher education that has not adopted rules under
65	65	Section 411.2031(e), an officer or employee of a public junior
66	66	college or private or independent institution of higher education
67	67	that has not adopted rules under Section 411.2031(e), or a peace
68	68	officer if the act or failure to act was capricious or arbitrary; or
69	69	(2) any officer or employee of an institution of
70	70	higher education, public junior college, or private or independent
71	71	institution of higher education described by Subdivision (1) who
72	72	possesses a handgun on the campus of that institution and whose
73	73	conduct with regard to the handgun is made the basis of a claim for
74	74	personal injury or property damage.
75	75	SECTION 4. Section 46.035(a-2), Penal Code, is amended to
76	76	read as follows:
77	77	(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
78	78	license holder commits an offense if the license holder carries a
79	79	handgun on the campus of a public junior college or private or
80	80	independent institution of higher education in this state that has
81	81	established rules, regulations, or other provisions prohibiting
82	82	license holders from carrying handguns pursuant to Section
83	83	411.2031(e), Government Code, or on the grounds or building on
84	84	which an activity sponsored by such an institution is being
85	85	conducted, or in a passenger transportation vehicle of such an
86	86	institution, regardless of whether the handgun is concealed,
87	87	provided the institution gives effective notice under Section
88	88	30.06.
89	89	SECTION 5. Section 46.035(f)(1-a), Penal Code, is amended
90	90	to read as follows:
91	91	(1-a) "Institution of higher education," [and]
92	92	"private or independent institution of higher education," and
93	93	"public junior college" have the meanings assigned by Section
94	94	61.003, Education Code.
95	95	SECTION 6. Section 411.208, Government Code, as amended by
96	96	this Act, applies only to a cause of action that accrues on or after
97	97	the effective date of this Act. A cause of action that accrues
98	98	before the effective date of this Act is governed by the law in
99	99	effect immediately before that date, and that law is continued in
100	100	effect for that purpose.
101	101	SECTION 7. The change in law made by this Act applies only
102	102	to an offense committed on or after the effective date of this Act.
103	103	An offense committed before the effective date of this Act is
104	104	governed by the law in effect on the date the offense was committed,
105	105	and the former law is continued in effect for that purpose. For
106	106	purposes of this section, an offense was committed before the
107	107	effective date of this Act if any element of the offense occurred
108	108	before that date.
109	109	SECTION 8. This Act takes effect September 1, 2021.