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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of concealed handguns on the campuses of |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.2031 to read as follows: |
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Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON |
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CERTAIN CAMPUSES. (a) For purposes of this section, "institution |
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of higher education" and "private or independent institution of |
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higher education" have the meanings assigned by Section 61.003, |
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Education Code. |
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(b) A license holder may carry a concealed handgun on or |
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about the license holder's person while the license holder is on the |
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campus of an institution of higher education or private or |
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independent institution of higher education in this state. |
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(c) An institution of higher education or private or |
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independent institution of higher education in this state may not |
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adopt any rule, regulation, or other provision prohibiting license |
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holders from carrying handguns on the campus of the institution. |
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(d) An institution of higher education or private or |
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independent institution of higher education in this state may |
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establish rules, regulations, or other provisions concerning the |
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storage of handguns in dormitories or other residential buildings |
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that are owned or operated by the institution and located on the |
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campus of the institution. |
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SECTION 2. Sections 46.03(a) and (c), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly possesses or goes with a firearm, illegal |
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knife, club, or prohibited weapon listed in Section 46.05(a): |
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(1) on the physical premises of a school or |
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educational institution, any grounds or building on which an |
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activity sponsored by a school or educational institution is being |
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conducted, or a passenger transportation vehicle of a school or |
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educational institution, whether the school or educational |
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institution is public or private, unless: |
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(A) pursuant to written regulations or written |
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authorization of the institution; or |
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(B) the person possesses or goes on the physical |
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premises of an institution of higher education or private or |
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independent institution of higher education, or on any grounds or |
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building on which an activity sponsored by the institution is being |
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conducted, with a concealed handgun that the person is licensed to |
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carry under Subchapter H, Chapter 411, Government Code; |
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(2) on the premises of a polling place on the day of an |
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election or while early voting is in progress; |
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(3) on the premises of any government court or offices |
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utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
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(5) in or into a secured area of an airport; or |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
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on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
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subsection within 1,000 feet of the premises was prohibited. |
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(c) In this section: |
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(1) "Institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003, Education Code. |
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(2) [(1)] "Premises" has the meaning assigned by |
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Section 46.035. |
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(3) [(2)] "Secured area" means an area of an airport |
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terminal building to which access is controlled by the inspection |
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of persons and property under federal law. |
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SECTION 3. Section 46.035, Penal Code, is amended by adding |
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Subsection (k) to read as follows: |
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(k) Subsection (b)(2) does not apply on the premises where a |
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collegiate sporting event is taking place if the actor was not given |
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effective notice under Section 30.06. |
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SECTION 4. Section 46.11(c)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Premises" has the meaning ["Institution of higher
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education" and "premises" have the meanings] assigned by Section |
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481.134, Health and Safety Code. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |