Texas 2023 - 88th Regular

Texas Senate Bill SB354 Compare Versions

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1	1	88R4743 MEW-F
2	2	By: Hall S.B. No. 354
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 37.0816 to read as follows:
13	13	Sec. 37.0816. CARRYING OF HANDGUNS BY SCHOOL EMPLOYEES.
14	14	(a) For purposes of this section, "premises" has the meaning
15	15	assigned by Section 46.03, 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 Subdivisions (3) and (4) to
30	30	read as 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" means a school
36	36	that has been granted a charter under Subchapter D, Chapter 12,
37	37	Education Code.
38	38	(4) "School district" means any public school district
39	39	in this state.
40	40	SECTION 4. Section 411.2032(b), Government Code, is amended
41	41	to read as follows:
42	42	(b) A school district, open-enrollment charter school, [An]
43	43	institution of higher education, or private or independent
44	44	institution of higher education in this state may not adopt or
45	45	enforce any rule, regulation, or other provision or take any other
46	46	action, including posting notice under Section 30.06 or 30.07,
47	47	Penal Code, prohibiting or placing restrictions on the storage or
48	48	transportation of a firearm or ammunition in a locked, privately
49	49	owned or leased motor vehicle by a person, including a student or
50	50	employee [enrolled at that institution], who holds a license to
51	51	carry a handgun under this subchapter and lawfully possesses the
52	52	firearm or ammunition:
53	53	(1) on a street or driveway located on the campus of
54	54	the district, school, or institution; or
55	55	(2) in a parking lot, parking garage, or other parking
56	56	area located on the campus of the district, school, or institution.
57	57	SECTION 5. Subchapter H, Chapter 411, Government Code, is
58	58	amended by adding Section 411.2033 to read as follows:
59	59	Sec. 411.2033. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
60	60	PUBLIC SCHOOL CAMPUSES. (a) For purposes of this section:
61	61	(1) "Campus" means all land and buildings owned or
62	62	leased by a school district or open-enrollment charter school.
63	63	(2) "Open-enrollment charter school" and "school
64	64	district" have the meanings assigned by Section 411.2032.
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)(1), Government Code, is
125	125	amended to read as follows:
126	126	(1) "Campus," "open-enrollment charter school," and
127	127	"school district" have ["Campus" has] the meanings [meaning]
128	128	assigned by Section 411.2032 [411.2031].
129	129	SECTION 8. Sections 46.03(a) and (a-2), Penal Code, are
130	130	amended to read as follows:
131	131	(a) A person commits an offense if the person intentionally,
132	132	knowingly, or recklessly possesses or goes with a firearm,
133	133	location-restricted knife, club, or prohibited weapon listed in
134	134	Section 46.05(a):
135	135	(1) on the physical premises of a school or
136	136	educational institution, any grounds or building on which an
137	137	activity sponsored by a school or educational institution is being
138	138	conducted, or a passenger transportation vehicle of a school or
139	139	educational institution, whether the school or educational
140	140	institution is public or private, unless:
141	141	(A) pursuant to written regulations or written
142	142	authorization of the institution; or
143	143	(B) the person possesses or goes with a concealed
144	144	handgun that the person is licensed to carry under Subchapter H,
145	145	Chapter 411, Government Code, and no other weapon to which this
146	146	section applies, on the premises of a school district,
147	147	open-enrollment charter school, [an] institution of higher
148	148	education, or private or independent institution of higher
149	149	education, on any grounds or building on which an activity
150	150	sponsored by the district, school, or institution is being
151	151	conducted, or in a passenger transportation vehicle of the
152	152	institution;
153	153	(2) on the premises of a polling place on the day of an
154	154	election or while early voting is in progress;
155	155	(3) on the premises of any government court or offices
156	156	utilized by the court, unless pursuant to written regulations or
157	157	written authorization of the court;
158	158	(4) on the premises of a racetrack;
159	159	(5) in or into a secured area of an airport;
160	160	(6) within 1,000 feet of premises the location of
161	161	which is designated by the Texas Department of Criminal Justice as a
162	162	place of execution under Article 43.19, Code of Criminal Procedure,
163	163	on a day that a sentence of death is set to be imposed on the
164	164	designated premises and the person received notice that:
165	165	(A) going within 1,000 feet of the premises with
166	166	a weapon listed under this subsection was prohibited; or
167	167	(B) possessing a weapon listed under this
168	168	subsection within 1,000 feet of the premises was prohibited;
169	169	(7) on the premises of a business that has a permit or
170	170	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
171	171	Beverage Code, if the business derives 51 percent or more of its
172	172	income from the sale or service of alcoholic beverages for
173	173	on-premises consumption, as determined by the Texas Alcoholic
174	174	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
175	175	(8) on the premises where a high school, collegiate,
176	176	or professional sporting event or interscholastic event is taking
177	177	place, unless the person is a participant in the event and a
178	178	firearm, location-restricted knife, club, or prohibited weapon
179	179	listed in Section 46.05(a) is used in the event;
180	180	(9) on the premises of a correctional facility;
181	181	(10) on the premises of a civil commitment facility;
182	182	(11) on the premises of a hospital licensed under
183	183	Chapter 241, Health and Safety Code, or on the premises of a nursing
184	184	facility licensed under Chapter 242, Health and Safety Code, unless
185	185	the person has written authorization of the hospital or nursing
186	186	facility administration, as appropriate;
187	187	(12) on the premises of a mental hospital, as defined
188	188	by Section 571.003, Health and Safety Code, unless the person has
189	189	written authorization of the mental hospital administration;
190	190	(13) in an amusement park; or
191	191	(14) in the room or rooms where a meeting of a
192	192	governmental entity is held, if the meeting is an open meeting
193	193	subject to Chapter 551, Government Code, and if the entity provided
194	194	notice as required by that chapter.
195	195	(a-2) Notwithstanding Section 46.02(a-5), a license holder
196	196	commits an offense if the license holder carries a partially or
197	197	wholly visible handgun, regardless of whether the handgun is
198	198	holstered, on or about the license holder's person under the
199	199	authority of Subchapter H, Chapter 411, Government Code, and
200	200	intentionally or knowingly displays the handgun in plain view of
201	201	another person:
202	202	(1) on the premises of a school district,
203	203	open-enrollment charter school, [an] institution of higher
204	204	education, or private or independent institution of higher
205	205	education; or
206	206	(2) on any public or private driveway, street,
207	207	sidewalk or walkway, parking lot, parking garage, or other parking
208	208	area of a school district, open-enrollment charter school, [an]
209	209	institution of higher education, or private or independent
210	210	institution of higher education.
211	211	SECTION 9. Section 46.03(c), Penal Code, is amended by
212	212	adding Subdivisions (3-a) and (4-a) to read as follows:
213	213	(3-a) "Open-enrollment charter school" means a school
214	214	that has been granted a charter under Subchapter D, Chapter 12,
215	215	Education Code.
216	216	(4-a) "School district" means any public school
217	217	district in this state.
218	218	SECTION 10. Section 37.0815, Education Code, is repealed.
219	219	SECTION 11. Section 411.208, Government Code, as amended by
220	220	this Act, applies only to a cause of action that accrues on or after
221	221	the effective date of this Act. A cause of action that accrues
222	222	before the effective date of this Act is governed by the law in
223	223	effect immediately before that date, and that law is continued in
224	224	effect for that purpose.
225	225	SECTION 12. The change in law made by this Act applies only
226	226	to an offense committed on or after the effective date of this Act.
227	227	An offense committed before the effective date of this Act is
228	228	governed by the law in effect on the date the offense was committed,
229	229	and the former law is continued in effect for that purpose. For
230	230	purposes of this section, an offense was committed before the
231	231	effective date of this Act if any element of the offense occurred
232	232	before that date.
233	233	SECTION 13. This Act takes effect September 1, 2023.