Texas 2025 - 89th Regular

Texas Senate Bill SB83 Compare Versions

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

Old	New	Differences
1	1	89R2440 MEW-F
2	2	By: Hall S.B. No. 83
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the carrying of concealed handguns by handgun license
10	10	holders on the campus of a school district or open-enrollment
11	11	charter school.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter C, Chapter 37, Education Code, is
14	14	amended by adding Section 37.0816 to read as follows:
15	15	Sec. 37.0816. CARRYING OF HANDGUNS BY SCHOOL EMPLOYEES.
16	16	(a) For purposes of this section, "premises" has the meaning
17	17	assigned by Section 46.03, Penal Code.
18	18	(b) Except as provided by Sections 37.0811(c) and (d), the
19	19	board of trustees of a school district or the governing body of an
20	20	open-enrollment charter school may not adopt any rule, regulation,
21	21	or other provision prohibiting or restricting a district or school
22	22	employee, while performing job duties on the premises of a district
23	23	or school, from carrying in a concealed manner a handgun that the
24	24	employee is licensed to carry under Subchapter H, Chapter 411,
25	25	Government Code.
26	26	SECTION 2. The heading to Section 411.2031, Government
27	27	Code, is amended to read as follows:
28	28	Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
29	29	CERTAIN HIGHER EDUCATION CAMPUSES.
30	30	SECTION 3. Section 411.2032(a), Government Code, is amended
31	31	by amending Subdivision (1) and adding Subdivisions (3) and (4) to
32	32	read as follows:
33	33	(1) "Campus" means all land and buildings owned or
34	34	leased by a school district, open-enrollment charter school, [an]
35	35	institution of higher education, or private or independent
36	36	institution of higher education.
37	37	(3) "Open-enrollment charter school" means a school
38	38	that has been granted a charter under Subchapter D, Chapter 12,
39	39	Education Code.
40	40	(4) "School district" means any public school district
41	41	in this state.
42	42	SECTION 4. Section 411.2032(b), Government Code, is amended
43	43	to read as follows:
44	44	(b) A school district, open-enrollment charter school, [An]
45	45	institution of higher education, or private or independent
46	46	institution of higher education in this state may not adopt or
47	47	enforce any rule, regulation, or other provision or take any other
48	48	action, including posting notice under Section 30.06 or 30.07,
49	49	Penal Code, prohibiting or placing restrictions on the storage or
50	50	transportation of a firearm or ammunition in a locked, privately
51	51	owned or leased motor vehicle by a person, including a student or
52	52	employee [enrolled at that institution], who holds a license to
53	53	carry a handgun under this subchapter and lawfully possesses the
54	54	firearm or ammunition:
55	55	(1) on a street or driveway located on the campus of
56	56	the district, school, or institution; or
57	57	(2) in a parking lot, parking garage, or other parking
58	58	area located on the campus of the district, school, or institution.
59	59	SECTION 5. Subchapter H, Chapter 411, Government Code, is
60	60	amended by adding Section 411.2033 to read as follows:
61	61	Sec. 411.2033. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
62	62	PUBLIC SCHOOL CAMPUSES. (a) For purposes of this section:
63	63	(1) "Campus" means all land and buildings owned or
64	64	leased by a school district or open-enrollment charter school.
65	65	(2) "Open-enrollment charter school" and "school
66	66	district" have the meanings assigned by Section 411.2032.
67	67	(b) A license holder may carry a concealed handgun on or
68	68	about the license holder's person while the license holder is on the
69	69	campus of a school district or open-enrollment charter school in
70	70	this state.
71	71	(c) A school district or open-enrollment charter school in
72	72	this state may not adopt any rule, regulation, or other provision
73	73	prohibiting license holders from carrying handguns on a campus of
74	74	the district or school.
75	75	SECTION 6. Sections 411.208(a), (b), and (d), Government
76	76	Code, are amended to read as follows:
77	77	(a) A court may not hold the state, an agency or subdivision
78	78	of the state, an officer or employee of the state, a school district
79	79	or open-enrollment charter school, an officer or employee of a
80	80	school district or open-enrollment charter school, an institution
81	81	of higher education, an officer or employee of an institution of
82	82	higher education, a private or independent institution of higher
83	83	education that has not adopted rules under Section 411.2031(e), an
84	84	officer or employee of a private or independent institution of
85	85	higher education that has not adopted rules under Section
86	86	411.2031(e), a peace officer, a qualified handgun instructor, or an
87	87	approved online course provider liable for damages caused by:
88	88	(1) an action authorized under this subchapter or a
89	89	failure to perform a duty imposed by this subchapter; or
90	90	(2) the actions of an applicant or license holder that
91	91	occur after the applicant has received a license or been denied a
92	92	license under this subchapter.
93	93	(b) A cause of action in damages may not be brought against
94	94	the state, an agency or subdivision of the state, an officer or
95	95	employee of the state, a school district or open-enrollment charter
96	96	school, an officer or employee of a school district or
97	97	open-enrollment charter school, an institution of higher
98	98	education, an officer or employee of an institution of higher
99	99	education, a private or independent institution of higher education
100	100	that has not adopted rules under Section 411.2031(e), an officer or
101	101	employee of a private or independent institution of higher
102	102	education that has not adopted rules under Section 411.2031(e), a
103	103	peace officer, a qualified handgun instructor, or an approved
104	104	online course provider for any damage caused by the actions of an
105	105	applicant or license holder under this subchapter.
106	106	(d) The immunities granted under Subsections (a), (b), and
107	107	(c) do not apply to:
108	108	(1) an act or a failure to act by the state, an agency
109	109	or subdivision of the state, an officer of the state, a school
110	110	district or open-enrollment charter school, an officer or employee
111	111	of a school district or open-enrollment charter school, an
112	112	institution of higher education, an officer or employee of an
113	113	institution of higher education, a private or independent
114	114	institution of higher education that has not adopted rules under
115	115	Section 411.2031(e), an officer or employee of a private or
116	116	independent institution of higher education that has not adopted
117	117	rules under Section 411.2031(e), or a peace officer if the act or
118	118	failure to act was capricious or arbitrary; or
119	119	(2) any officer or employee of a school district,
120	120	open-enrollment charter school, [an] institution of higher
121	121	education, or private or independent institution of higher
122	122	education described by Subdivision (1) who possesses a handgun on
123	123	the campus of that district, school, or institution and whose
124	124	conduct with regard to the handgun is made the basis of a claim for
125	125	personal injury or property damage.
126	126	SECTION 7. Section 411.208(f)(1), Government Code, is
127	127	amended to read as follows:
128	128	(1) "Campus," "open-enrollment charter school," and
129	129	"school district" have ["Campus" has] the meanings [meaning]
130	130	assigned by Section 411.2032 [411.2031].
131	131	SECTION 8. Sections 46.03(a) and (a-2), Penal Code, are
132	132	amended to read as follows:
133	133	(a) A person commits an offense if the person intentionally,
134	134	knowingly, or recklessly possesses or goes with a firearm,
135	135	location-restricted knife, club, or prohibited weapon listed in
136	136	Section 46.05(a):
137	137	(1) on the premises of a school or postsecondary
138	138	educational institution, on any grounds or building owned by and
139	139	under the control of a school or postsecondary educational
140	140	institution and on which an activity sponsored by the school or
141	141	institution is being conducted, or in a passenger transportation
142	142	vehicle of a school or postsecondary educational institution,
143	143	whether the school or postsecondary educational institution is
144	144	public or private, unless:
145	145	(A) pursuant to written regulations or written
146	146	authorization of the school or institution; or
147	147	(B) the person possesses or goes with a concealed
148	148	handgun that the person is licensed to carry under Subchapter H,
149	149	Chapter 411, Government Code, and no other weapon to which this
150	150	section applies, on the premises of a school district,
151	151	open-enrollment charter school, or postsecondary educational
152	152	institution, on any grounds or building owned by and under the
153	153	control of the district, school, or institution and on which an
154	154	activity sponsored by the district, school, or institution is being
155	155	conducted, or in a passenger transportation vehicle of the
156	156	district, school, or institution;
157	157	(2) on the premises of a polling place on the day of an
158	158	election or while early voting is in progress;
159	159	(3) on the premises of any government court or offices
160	160	utilized by the court, unless pursuant to written regulations or
161	161	written authorization of the court;
162	162	(4) on the premises of a racetrack;
163	163	(5) in or into a secured area of an airport;
164	164	(6) within 1,000 feet of premises the location of
165	165	which is designated by the Texas Department of Criminal Justice as a
166	166	place of execution under Article 43.19, Code of Criminal Procedure,
167	167	on a day that a sentence of death is set to be imposed on the
168	168	designated premises and the person received notice that:
169	169	(A) going within 1,000 feet of the premises with
170	170	a weapon listed under this subsection was prohibited; or
171	171	(B) possessing a weapon listed under this
172	172	subsection within 1,000 feet of the premises was prohibited;
173	173	(7) on the premises of a business that has a permit or
174	174	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
175	175	Beverage Code, if the business derives 51 percent or more of its
176	176	income from the sale or service of alcoholic beverages for
177	177	on-premises consumption, as determined by the Texas Alcoholic
178	178	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
179	179	(8) on the premises where a high school, collegiate,
180	180	or professional sporting event or interscholastic event is taking
181	181	place, unless the person is a participant in the event and a
182	182	firearm, location-restricted knife, club, or prohibited weapon
183	183	listed in Section 46.05(a) is used in the event;
184	184	(9) on the premises of a correctional facility;
185	185	(10) on the premises of a civil commitment facility;
186	186	(11) on the premises of a hospital licensed under
187	187	Chapter 241, Health and Safety Code, or on the premises of a nursing
188	188	facility licensed under Chapter 242, Health and Safety Code, unless
189	189	the person has written authorization of the hospital or nursing
190	190	facility administration, as appropriate;
191	191	(12) on the premises of a mental hospital, as defined
192	192	by Section 571.003, Health and Safety Code, unless the person has
193	193	written authorization of the mental hospital administration;
194	194	(13) in an amusement park; or
195	195	(14) in the room or rooms where a meeting of a
196	196	governmental entity is held, if the meeting is an open meeting
197	197	subject to Chapter 551, Government Code, and if the entity provided
198	198	notice as required by that chapter.
199	199	(a-2) Notwithstanding Section 46.02(a-5), a license holder
200	200	commits an offense if the license holder carries a partially or
201	201	wholly visible handgun, regardless of whether the handgun is
202	202	holstered, on or about the license holder's person under the
203	203	authority of Subchapter H, Chapter 411, Government Code, and
204	204	intentionally or knowingly displays the handgun in plain view of
205	205	another person:
206	206	(1) on the premises of a school district,
207	207	open-enrollment charter school, [an] institution of higher
208	208	education, or private or independent institution of higher
209	209	education; or
210	210	(2) on any public or private driveway, street,
211	211	sidewalk or walkway, parking lot, parking garage, or other parking
212	212	area of a school district, open-enrollment charter school, [an]
213	213	institution of higher education, or private or independent
214	214	institution of higher education.
215	215	SECTION 9. Section 46.03(c), Penal Code, is amended by
216	216	amending Subdivision (3-a) and adding Subdivisions (3-b) and (4-b)
217	217	to read as follows:
218	218	(3-a) "Open-enrollment charter school" means a school
219	219	that has been granted a charter under Subchapter D, Chapter 12,
220	220	Education Code.
221	221	(3-b) "Postsecondary educational institution" means
222	222	an institution of higher education or a private or independent
223	223	institution of higher education.
224	224	(4-b) "School district" means any public school
225	225	district in this state.
226	226	SECTION 10. Section 37.0815, Education Code, is repealed.
227	227	SECTION 11. Section 411.208, Government Code, as amended by
228	228	this Act, applies only to a cause of action that accrues on or after
229	229	the effective date of this Act. A cause of action that accrues
230	230	before the effective date of this Act is governed by the law in
231	231	effect immediately before that date, and that law is continued in
232	232	effect for that purpose.
233	233	SECTION 12. The change in law made by this Act applies only
234	234	to an offense committed on or after the effective date of this Act.
235	235	An offense committed before the effective date of this Act is
236	236	governed by the law in effect on the date the offense was committed,
237	237	and the former law is continued in effect for that purpose. For
238	238	purposes of this section, an offense was committed before the
239	239	effective date of this Act if any element of the offense occurred
240	240	before that date.
241	241	SECTION 13. This Act takes effect September 1, 2025.