Texas 2025 - 89th Regular

Texas Senate Bill SB354 Compare Versions

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

Old	New	Differences
1	1	89R321 AJZ-D
2	2	By: Eckhardt, Gutierrez S.B. No. 354
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the carrying of concealed handguns on the campuses of
10	10	and certain other locations associated with institutions of higher
11	11	education.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 411.2031(b) and (d-1), Government Code,
14	14	are amended to read as follows:
15	15	(b) Except as otherwise provided by this section, a [A]
16	16	license holder may carry a concealed handgun on or about the license
17	17	holder's person while the license holder is on the campus of an
18	18	institution of higher education or private or independent
19	19	institution of higher education in this state.
20	20	(d-1) An institution of higher education may establish
21	21	rules, regulations, or other provisions prohibiting license
22	22	holders from carrying handguns on any portion of the campus of the
23	23	institution, any portion of the grounds or building on which an
24	24	activity sponsored by the institution is being conducted, or a
25	25	passenger transportation vehicle owned by the institution, if a
26	26	majority of the members of the legislative body of the
27	27	institution's student government vote to propose the prohibition
28	28	and if the prohibition is then approved by a majority of the
29	29	students, staff, and faculty of the institution voting on the issue
30	30	at a referendum election held by the institution for the purpose.
31	31	The approval of a majority of the members of the legislative body of
32	32	the institution's student government is required to propose a
33	33	rescission of the prohibition in a subsequent referendum election.
34	34	The institution shall hold a referendum election not later than the
35	35	60th day after the date that its student government proposes an
36	36	action described by this subsection, and all students, staff, and
37	37	faculty of the institution must be allowed to vote on the issue. Not
38	38	later than the 30th day after the date of a referendum election, the
39	39	president or other chief executive officer of the institution's
40	40	student government shall certify the results. [After consulting
41	41	with students, staff, and faculty of the institution regarding the
42	42	nature of the student population, specific safety considerations,
43	43	and the uniqueness of the campus environment, the president or
44	44	other chief executive officer of an institution of higher education
45	45	in this state shall establish reasonable rules, regulations, or
46	46	other provisions regarding the carrying of concealed handguns by
47	47	license holders on the campus of the institution or on premises
48	48	located on the campus of the institution. The president or officer
49	49	may not establish provisions that generally prohibit or have the
50	50	effect of generally prohibiting license holders from carrying
51	51	concealed handguns on the campus of the institution. The president
52	52	or officer may amend the provisions as necessary for campus
53	53	safety. The provisions take effect as determined by the president
54	54	or officer unless subsequently amended by the board of regents or
55	55	other governing board under Subsection (d-2).] The institution
56	56	must give effective notice under Section 30.06, Penal Code, with
57	57	respect to any portion of a premises on which license holders may
58	58	not carry.
59	59	SECTION 2. Sections 411.208(a), (b), and (d), Government
60	60	Code, are amended to read as follows:
61	61	(a) A court may not hold the state, an agency or subdivision
62	62	of the state, an officer or employee of the state, an institution of
63	63	higher education that allows concealed handguns on campus under
64	64	Section 411.2031, an officer or employee of an institution of
65	65	higher education that allows concealed handguns on campus under
66	66	Section 411.2031, a private or independent institution of higher
67	67	education that allows concealed handguns on campus under Section
68	68	411.2031 [has not adopted rules under Section 411.2031(e)], an
69	69	officer or employee of a private or independent institution of
70	70	higher education that allows concealed handguns on campus under
71	71	Section 411.2031 [has not adopted rules under Section 411.2031(e)],
72	72	a peace officer, a qualified handgun instructor, or an approved
73	73	online course provider liable for damages caused by:
74	74	(1) an action authorized under this subchapter or a
75	75	failure to perform a duty imposed by this subchapter; or
76	76	(2) the actions of an applicant or license holder that
77	77	occur after the applicant has received a license or been denied a
78	78	license under this subchapter.
79	79	(b) A cause of action in damages may not be brought against
80	80	the state, an agency or subdivision of the state, an officer or
81	81	employee of the state, an institution of higher education that
82	82	allows concealed handguns on campus under Section 411.2031, an
83	83	officer or employee of an institution of higher education that
84	84	allows concealed handguns on campus under Section 411.2031, a
85	85	private or independent institution of higher education that allows
86	86	concealed handguns on campus under Section 411.2031 [has not
87	87	adopted rules under Section 411.2031(e)], an officer or employee of
88	88	a private or independent institution of higher education that
89	89	allows concealed handguns on campus under Section 411.2031 [has not
90	90	adopted rules under Section 411.2031(e)], a peace officer, a
91	91	qualified handgun instructor, or an approved online course provider
92	92	for any damage caused by the actions of an applicant or license
93	93	holder under this subchapter.
94	94	(d) The immunities granted under Subsections (a), (b), and
95	95	(c) do not apply to:
96	96	(1) an act or a failure to act by the state, an agency
97	97	or subdivision of the state, an officer of the state, an institution
98	98	of higher education that allows concealed handguns on campus under
99	99	Section 411.2031, an officer or employee of an institution of
100	100	higher education that allows concealed handguns on campus under
101	101	Section 411.2031, a private or independent institution of higher
102	102	education that allows concealed handguns on campus under Section
103	103	411.2031 [has not adopted rules under Section 411.2031(e)], an
104	104	officer or employee of a private or independent institution of
105	105	higher education that allows concealed handguns on campus under
106	106	Section 411.2031 [has not adopted rules under Section 411.2031(e)],
107	107	or a peace officer if the act or failure to act was capricious or
108	108	arbitrary; or
109	109	(2) any officer or employee of an institution of
110	110	higher education or private or independent institution of higher
111	111	education described by Subdivision (1) who possesses a handgun on
112	112	the campus of that institution and whose conduct with regard to the
113	113	handgun is made the basis of a claim for personal injury or property
114	114	damage.
115	115	SECTION 3. Section 411.2031(d-2), Government Code, is
116	116	repealed.
117	117	SECTION 4. Section 411.208, Government Code, as amended by
118	118	this Act, applies only to a cause of action that accrues on or after
119	119	the effective date of this Act. A cause of action that accrues
120	120	before the effective date of this Act is governed by the law in
121	121	effect immediately before that date, and that law is continued in
122	122	effect for that purpose.
123	123	SECTION 5. This Act takes effect September 1, 2025.