Texas 2021 - 87th Regular

Texas Senate Bill SB514 Compare Versions

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

Old	New	Differences
1	1	87R2953 MEW-F
2	2	By: Hall S.B. No. 514
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 37.0817 to read as follows:
13	13	Sec. 37.0817. 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	employee is licensed to carry under Subchapter H, Chapter 411,
23	23	Government Code.
24	24	SECTION 2. The heading to Section 411.2031, Government
25	25	Code, is amended to read as follows:
26	26	Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
27	27	CERTAIN HIGHER EDUCATION CAMPUSES.
28	28	SECTION 3. Section 411.2032(a), Government Code, is amended
29	29	by amending Subdivision (1) and adding Subdivision (3) to read as
30	30	follows:
31	31	(1) "Campus" means all land and buildings owned or
32	32	leased by a school district, open-enrollment charter school, [an]
33	33	institution of higher education, or private or independent
34	34	institution of higher education.
35	35	(3) "Open-enrollment charter school" and "school
36	36	district" have the meanings assigned by Section 411.2033.
37	37	SECTION 4. Section 411.2032(b), Government Code, is amended
38	38	to read as follows:
39	39	(b) A school district, open-enrollment charter school, [An]
40	40	institution of higher education, or private or independent
41	41	institution of higher education in this state may not adopt or
42	42	enforce any rule, regulation, or other provision or take any other
43	43	action, including posting notice under Section 30.06 or 30.07,
44	44	Penal Code, prohibiting or placing restrictions on the storage or
45	45	transportation of a firearm or ammunition in a locked, privately
46	46	owned or leased motor vehicle by a person, including a student or
47	47	employee [enrolled at that institution], who holds a license to
48	48	carry a handgun under this subchapter and lawfully possesses the
49	49	firearm or ammunition:
50	50	(1) on a street or driveway located on the campus of
51	51	the district, school, or institution; or
52	52	(2) in a parking lot, parking garage, or other parking
53	53	area located on the campus of the district, school, or institution.
54	54	SECTION 5. Subchapter H, Chapter 411, Government Code, is
55	55	amended by adding Section 411.2033 to read as follows:
56	56	Sec. 411.2033. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
57	57	PUBLIC SCHOOL CAMPUSES. (a) For purposes of this section:
58	58	(1) "Campus" means all land and buildings owned or
59	59	leased by a school district or open-enrollment charter school.
60	60	(2) "Open-enrollment charter school" means a school
61	61	that has been granted a charter under Subchapter D, Chapter 12,
62	62	Education Code.
63	63	(3) "School district" means any public school district
64	64	in this state.
65	65	(b) A license holder may carry a concealed handgun on or
66	66	about the license holder's person while the license holder is on the
67	67	campus of a school district or open-enrollment charter school in
68	68	this state.
69	69	(c) A school district or open-enrollment charter school in
70	70	this state may not adopt any rule, regulation, or other provision
71	71	prohibiting license holders from carrying handguns on a campus of
72	72	the district or school.
73	73	SECTION 6. Sections 411.208(a), (b), and (d), Government
74	74	Code, are amended to read as follows:
75	75	(a) A court may not hold the state, an agency or subdivision
76	76	of the state, an officer or employee of the state, a school district
77	77	or open-enrollment charter school, an officer or employee of a
78	78	school district or open-enrollment charter school, an institution
79	79	of higher education, an officer or employee of an institution of
80	80	higher education, a private or independent institution of higher
81	81	education that has not adopted rules under Section 411.2031(e), an
82	82	officer or employee of a private or independent institution of
83	83	higher education that has not adopted rules under Section
84	84	411.2031(e), a peace officer, a qualified handgun instructor, or an
85	85	approved online course provider liable for damages caused by:
86	86	(1) an action authorized under this subchapter or a
87	87	failure to perform a duty imposed by this subchapter; or
88	88	(2) the actions of an applicant or license holder that
89	89	occur after the applicant has received a license or been denied a
90	90	license under this subchapter.
91	91	(b) A cause of action in damages may not be brought against
92	92	the state, an agency or subdivision of the state, an officer or
93	93	employee of the state, a school district or open-enrollment charter
94	94	school, an officer or employee of a school district or
95	95	open-enrollment charter school, an institution of higher
96	96	education, an officer or employee of an institution of higher
97	97	education, a private or independent institution of higher education
98	98	that has not adopted rules under Section 411.2031(e), an officer or
99	99	employee of a private or independent institution of higher
100	100	education that has not adopted rules under Section 411.2031(e), a
101	101	peace officer, a qualified handgun instructor, or an approved
102	102	online course provider for any damage caused by the actions of an
103	103	applicant or license holder under this subchapter.
104	104	(d) The immunities granted under Subsections (a), (b), and
105	105	(c) do not apply to:
106	106	(1) an act or a failure to act by the state, an agency
107	107	or subdivision of the state, an officer of the state, a school
108	108	district or open-enrollment charter school, an officer or employee
109	109	of a school district or open-enrollment charter school, an
110	110	institution of higher education, an officer or employee of an
111	111	institution of higher education, a private or independent
112	112	institution of higher education that has not adopted rules under
113	113	Section 411.2031(e), an officer or employee of a private or
114	114	independent institution of higher education that has not adopted
115	115	rules under Section 411.2031(e), or a peace officer if the act or
116	116	failure to act was capricious or arbitrary; or
117	117	(2) any officer or employee of a school district,
118	118	open-enrollment charter school, [an] institution of higher
119	119	education, or private or independent institution of higher
120	120	education described by Subdivision (1) who possesses a handgun on
121	121	the campus of that district, school, or institution and whose
122	122	conduct with regard to the handgun is made the basis of a claim for
123	123	personal injury or property damage.
124	124	SECTION 7. Section 411.208(f), Government Code, is amended
125	125	by amending Subdivision (1) and adding Subdivision (3) to read as
126	126	follows:
127	127	(1) "Campus" means all land and buildings owned or
128	128	leased by a school district, open-enrollment charter school,
129	129	institution of higher education, or private or independent
130	130	institution of higher education [has the meaning assigned by
131	131	Section 411.2031].
132	132	(3) "Open-enrollment charter school" and "school
133	133	district" have the meanings assigned by Section 411.2033.
134	134	SECTION 8. Section 46.03(a), Penal Code, is amended to read
135	135	as follows:
136	136	(a) A person commits an offense if the person intentionally,
137	137	knowingly, or recklessly possesses or goes with a firearm,
138	138	location-restricted knife, club, or prohibited weapon listed in
139	139	Section 46.05(a):
140	140	(1) on the physical premises of a school or
141	141	educational institution, any grounds or building on which an
142	142	activity sponsored by a school or educational institution is being
143	143	conducted, or a passenger transportation vehicle of a school or
144	144	educational institution, whether the school or educational
145	145	institution is public or private, unless:
146	146	(A) pursuant to written regulations or written
147	147	authorization of the institution; or
148	148	(B) the person possesses or goes with a concealed
149	149	handgun that the person is licensed to carry under Subchapter H,
150	150	Chapter 411, Government Code, and no other weapon to which this
151	151	section applies, on the premises of a school district,
152	152	open-enrollment charter school, [an] institution of higher
153	153	education, or private or independent institution of higher
154	154	education, on any grounds or building on which an activity
155	155	sponsored by the district, school, or institution is being
156	156	conducted, or in a passenger transportation vehicle of the
157	157	institution;
158	158	(2) on the premises of a polling place on the day of an
159	159	election or while early voting is in progress;
160	160	(3) on the premises of any government court or offices
161	161	utilized by the court, unless pursuant to written regulations or
162	162	written authorization of the court;
163	163	(4) on the premises of a racetrack;
164	164	(5) in or into a secured area of an airport; or
165	165	(6) within 1,000 feet of premises the location of
166	166	which is designated by the Texas Department of Criminal Justice as a
167	167	place of execution under Article 43.19, Code of Criminal Procedure,
168	168	on a day that a sentence of death is set to be imposed on the
169	169	designated premises and the person received notice that:
170	170	(A) going within 1,000 feet of the premises with
171	171	a weapon listed under this subsection was prohibited; or
172	172	(B) possessing a weapon listed under this
173	173	subsection within 1,000 feet of the premises was prohibited.
174	174	SECTION 9. Section 46.03(c), Penal Code, is amended by
175	175	adding Subdivisions (4) and (5) to read as follows:
176	176	(4) "Open-enrollment charter school" means a school
177	177	that has been granted a charter under Subchapter D, Chapter 12,
178	178	Education Code.
179	179	(5) "School district" means any public school district
180	180	in this state.
181	181	SECTION 10. Section 46.035(a-1), Penal Code, as added by
182	182	Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
183	183	Session, 2015, is amended to read as follows:
184	184	(a-1) Notwithstanding Subsection (a), a license holder
185	185	commits an offense if the license holder carries a partially or
186	186	wholly visible handgun, regardless of whether the handgun is
187	187	holstered, on or about the license holder's person under the
188	188	authority of Subchapter H, Chapter 411, Government Code, and
189	189	intentionally or knowingly displays the handgun in plain view of
190	190	another person:
191	191	(1) on the premises of a school district,
192	192	open-enrollment charter school, [an] institution of higher
193	193	education, or private or independent institution of higher
194	194	education; or
195	195	(2) on any public or private driveway, street,
196	196	sidewalk or walkway, parking lot, parking garage, or other parking
197	197	area of a school district, open-enrollment charter school, [an]
198	198	institution of higher education, or private or independent
199	199	institution of higher education.
200	200	SECTION 11. Section 46.035(f), Penal Code, is amended by
201	201	adding Subdivisions (2-a) and (4) to read as follows:
202	202	(2-a) "Open-enrollment charter school" means a school
203	203	that has been granted a charter under Subchapter D, Chapter 12,
204	204	Education Code.
205	205	(4) "School district" means any public school district
206	206	in this state.
207	207	SECTION 12. The following provisions are repealed:
208	208	(1) Section 37.0815, Education Code; and
209	209	(2) Section 46.035(a-1), Penal Code, as added by
210	210	Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
211	211	Session, 2015.
212	212	SECTION 13. Section 411.208, Government Code, as amended by
213	213	this Act, applies only to a cause of action that accrues on or after
214	214	the effective date of this Act. A cause of action that accrues
215	215	before the effective date of this Act is governed by the law in
216	216	effect immediately before that date, and that law is continued in
217	217	effect for that purpose.
218	218	SECTION 14. The change in law made by this Act applies only
219	219	to an offense committed on or after the effective date of this Act.
220	220	An offense committed before the effective date of this Act is
221	221	governed by the law in effect on the date the offense was committed,
222	222	and the former law is continued in effect for that purpose. For
223	223	purposes of this section, an offense was committed before the
224	224	effective date of this Act if any element of the offense occurred
225	225	before that date.
226	226	SECTION 15. This Act takes effect August 1, 2022.