87R12080 AJZ-D
By: Fierro H.B. No. 3806
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of handguns on the campuses of and certain
other locations associated with public junior colleges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.2031(a)(2), Government Code, is
amended to read as follows:
(2) "Institution of higher education," [and] "private
or independent institution of higher education," and "public junior
college" have the meanings assigned by Section 61.003, Education
Code.
SECTION 2. Section 411.2031, Government Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) A public junior college or private or independent
institution of higher education in this state, after consulting
with students, staff, and faculty of the institution, may establish
rules, regulations, or other provisions prohibiting license
holders from carrying handguns on the campus of the institution,
any grounds or building on which an activity sponsored by the
institution is being conducted, or a passenger transportation
vehicle owned by the institution.
(f) Subsections (d-1), (d-2), (d-3), and (d-4) do not apply
to a public junior college.
SECTION 3. Sections 411.208(a), (b), and (d), Government
Code, are amended to read as follows:
(a) A court may not hold the state, an agency or subdivision
of the state, an officer or employee of the state, an institution of
higher education, an officer or employee of an institution of
higher education, a public junior college or private or independent
institution of higher education that has not adopted rules under
Section 411.2031(e), an officer or employee of a public junior
college or private or independent institution of higher education
that has not adopted rules under Section 411.2031(e), a peace
officer, a qualified handgun instructor, or an approved online
course provider liable for damages caused by:
(1) an action authorized under this subchapter or a
failure to perform a duty imposed by this subchapter; or
(2) the actions of an applicant or license holder that
occur after the applicant has received a license or been denied a
license under this subchapter.
(b) A cause of action in damages may not be brought against
the state, an agency or subdivision of the state, an officer or
employee of the state, an institution of higher education, an
officer or employee of an institution of higher education, a public
junior college or private or independent institution of higher
education that has not adopted rules under Section 411.2031(e), an
officer or employee of a public junior college or private or
independent institution of higher education that has not adopted
rules under Section 411.2031(e), a peace officer, a qualified
handgun instructor, or an approved online course provider for any
damage caused by the actions of an applicant or license holder under
this subchapter.
(d) The immunities granted under Subsections (a), (b), and
(c) do not apply to:
(1) an act or a failure to act by the state, an agency
or subdivision of the state, an officer of the state, an institution
of higher education, an officer or employee of an institution of
higher education, a public junior college or private or independent
institution of higher education that has not adopted rules under
Section 411.2031(e), an officer or employee of a public junior
college or private or independent institution of higher education
that has not adopted rules under Section 411.2031(e), or a peace
officer if the act or failure to act was capricious or arbitrary; or
(2) any officer or employee of an institution of
higher education, public junior college, or private or independent
institution of higher education described by Subdivision (1) who
possesses a handgun on the campus of that institution and whose
conduct with regard to the handgun is made the basis of a claim for
personal injury or property damage.
SECTION 4. Section 46.035(a-2), Penal Code, is amended to
read as follows:
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
license holder commits an offense if the license holder carries a
handgun on the campus of a public junior college or private or
independent institution of higher education in this state that has
established rules, regulations, or other provisions prohibiting
license holders from carrying handguns pursuant to Section
411.2031(e), Government Code, or on the grounds or building on
which an activity sponsored by such an institution is being
conducted, or in a passenger transportation vehicle of such an
institution, regardless of whether the handgun is concealed,
provided the institution gives effective notice under Section
30.06.
SECTION 5. Section 46.035(f)(1-a), Penal Code, is amended
to read as follows:
(1-a) "Institution of higher education," [and]
"private or independent institution of higher education," and
"public junior college" have the meanings assigned by Section
61.003, Education Code.
SECTION 6. Section 411.208, Government Code, as amended by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act. A cause of action that accrues
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 7. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 8. This Act takes effect September 1, 2021.