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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subchapter H,
Chapter 411, Government Code, is amended by adding Section 411.2031 to read
as follows:
Sec. 411.2031. CARRYING
OF HANDGUNS BY LICENSE HOLDERS ON CERTAIN CAMPUSES.
(a) For purposes of this
section:
(1) "Campus" means all land and buildings owned or leased
by an institution of higher education or private or independent institution
of higher education.
(2) "Institution of
higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
(3) "Premises"
has the meaning assigned by Section 46.035, Penal Code.
(b) A license holder may carry a concealed handgun on or about the
license holder's person while the license holder is on the campus of an
institution of higher education or private or independent institution of
higher education in this state.
(c) Except as provided by Subsection (d) or (e),
an institution of higher education or private
or independent institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license
holders from carrying handguns on the campus
of the institution.
(d) An institution of
higher education or private or independent
institution of higher education in this state may establish rules, regulations, or other provisions concerning the storage
of handguns in dormitories or other residential facilities that are owned
or leased and operated by the institution and
located on the campus of the institution.
(e) A private or
independent institution of higher education in this state, after consulting
with students, staff, and faculty of the institution, may establish rules, regulations, or other provisions prohibiting license
holders from carrying handguns on premises that are owned or leased and
operated by the institution and located on
the campus of the institution.
(f) This section does not
permit a person to possess a concealed handgun, or go with a concealed
handgun, on the premises of a hospital maintained or operated by an
institution of higher education or private or
independent institution of higher education if the hospital gives
effective notice under Section 30.06, Penal Code. In this subsection,
"hospital" has the meaning assigned by Section 241.003, Health
and Safety Code.
(g) This section does not
permit a person to possess a concealed handgun, or go with a concealed
handgun, on the premises of a preschool, elementary school, or secondary
school that is located on the campus
of an institution of higher education or
private or independent institution of higher education if the
institution gives effective notice
under Section 30.06, Penal Code.
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SECTION 1. Subchapter H,
Chapter 411, Government Code, is amended by adding Section 411.2031 to read
as follows:
Sec. 411.2031. CARRYING
OF HANDGUNS BY LICENSE HOLDERS ON CERTAIN PREMISES OWNED OR LEASED BY
INSTITUTION OF HIGHER EDUCATION.
(a) For purposes of this
section:
(1) "Institution of
higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
(2) "License holder" means a person to whom a license to
carry a concealed handgun has been issued under this subchapter, including
a nonresident license issued under Section 411.173(a). The term does not
include a person to whom a license to carry a concealed handgun has been
issued by another state, regardless of whether a license issued by that
state is recognized pursuant to an agreement negotiated by the governor
under Section 411.173(b).
(3) "Premises"
has the meaning assigned by Section 46.035, Penal Code.
(b) An institution of
higher education in this state, after
consulting with students, staff, and faculty of the institution, may
adopt written rules or regulations
prohibiting license holders from carrying handguns on premises owned or leased and operated by the
institution, on any grounds or building owned or leased by the institution
and on which an activity sponsored by the institution is being conducted,
or on a passenger transportation vehicle of the institution. An institution
of higher education that adopts a rule or regulation under this subsection
shall give notice of the rule or regulation by posting signs that meet the
requirements for notice under Section 30.06, Penal Code.
(c) An institution of
higher education that does not adopt a rule
or regulation under Subsection (b) shall adopt written rules or
regulations concerning:
(1) the storage of
handguns in dormitories or other residential facilities that are owned or
leased and operated by the institution; and
(2) the carrying of concealed handguns by license holders at
collegiate sporting events that take place on grounds or buildings owned or
leased and operated by the institution.
(d) A private or
independent institution of higher education in this state, after consulting
with students, staff, and faculty of the institution, may adopt written rules or regulations allowing license holders to carry handguns
on premises owned or leased and operated by the institution, on any grounds or building owned or leased by the
institution and on which an activity sponsored by the institution is being
conducted, or on a passenger transportation vehicle of the institution. An
institution that adopts a rule or regulation under this subsection shall
also adopt written rules or regulations described by Subsection (c).
(e) This section does not
permit a person to possess a concealed handgun, or go with a concealed
handgun, on the premises of a hospital maintained or operated by an
institution of higher education if the hospital gives notice under Section
30.06, Penal Code. In this subsection, "hospital" has the
meaning assigned by Section 241.003, Health and Safety Code.
(f) This section does not
permit a person to possess a concealed handgun, or go with a concealed
handgun, on the premises of a preschool, elementary school, or secondary
school that is located on the grounds or
premises of an institution of higher education if the institution
gives notice under Section 30.06, Penal Code.
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SECTION 2. Section 411.208,
Government Code, is amended by amending Subsections (a), (b), and (d) and
adding Subsection (f) to read as follows:
(a) A court may not hold the
state, an agency or subdivision of the state, an officer or employee of the
state, an institution of higher education, an officer or employee of an
institution of higher education, a private or independent institution of
higher education that has not adopted rules
under Section 411.2031(e), an officer or employee of a private or
independent institution of higher education
that has not adopted rules under Section 411.2031(e), a peace
officer, or a qualified handgun instructor liable for damages caused by:
(1) an action authorized
under this subchapter or a failure to perform a duty imposed by this
subchapter; or
(2) the actions of an
applicant or license holder that occur after the applicant has received a
license or been denied a license under this subchapter.
(b) A cause of action in
damages may not be brought against the state, an agency or subdivision of
the state, an officer or employee of the state, an institution of higher
education, an officer or employee of an institution of higher education, a
private or independent institution of higher education that has not adopted rules under Section
411.2031(e), an officer or employee of a private or independent
institution of higher education that has not
adopted rules under Section 411.2031(e), a peace officer, or a
qualified handgun instructor for any damage caused by the actions of an
applicant or license holder under this subchapter.
(d) The immunities granted
under Subsections (a), (b), and (c) do not apply to:
(1) an act or a
failure to act by the state, an agency or subdivision of the state, an
officer of the state, an institution of higher education, an officer or
employee of an institution of higher education, a private or independent
institution of higher education that has not
adopted rules under Section 411.2031(e), an officer or employee of a
private or independent institution of higher education that has not adopted rules under Section
411.2031(e), or a peace officer if the act or failure to act was
capricious or arbitrary; or
(2) any officer or employee of an institution of higher education or
a private or independent institution of higher education who possesses a
handgun on the campus of that institution and whose conduct with regard to
the handgun is made the basis of a claim for personal injury or property
damage.
(f) For purposes of this
section:
(1) "Campus" has the meaning assigned by Section 411.2031.
(2) "Institution of
higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
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SECTION 2. Section 411.208,
Government Code, is amended by amending Subsections (a), (b), and (d) and
adding Subsection (f) to read as follows:
(a) A court may not hold the
state, an agency or subdivision of the state, an officer or employee of the
state, an institution of higher education or a private or independent
institution of higher education, an officer or employee of an institution
of higher education or a private or independent institution of higher
education, a peace officer, or a qualified handgun instructor liable
for damages caused by:
(1) an action authorized
under this subchapter or a failure to perform a duty imposed by this
subchapter; or
(2) the actions of an
applicant or license holder that occur after the applicant has received a
license or been denied a license under this subchapter.
(b) A cause of action in
damages may not be brought against the state, an agency or subdivision of
the state, an officer or employee of the state, an institution of higher
education or a private or independent institution of higher education, an
officer or employee of an institution of higher education or a private or
independent institution of higher education, a peace officer, or a
qualified handgun instructor for any damage caused by the actions of an
applicant or license holder under this subchapter.
(d) The immunities granted
under Subsections (a), (b), and (c) do not apply to an act or a failure to
act by the state, an agency or subdivision of the state, an officer of the
state, an institution of higher education or a private or independent
institution of higher education, an officer or employee of an institution
of higher education or a private or independent institution of higher
education, or a peace officer if the act or failure to act was
capricious or arbitrary.
(f) For purposes of this
section, "institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
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SECTION 3. Section 46.03,
Penal Code, is amended by amending Subsections (a) and (c) and adding
Subsections (j) and (k) to read as follows:
(a) A person commits an
offense if the person intentionally, knowingly, or recklessly possesses or
goes with a firearm, illegal knife, club, or prohibited weapon listed in
Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or
building on which an activity sponsored by a school or educational institution is being conducted,
or a passenger transportation vehicle of a school or educational institution, whether the school
or educational institution is public or private, unless:
(A) pursuant to
written regulations or written authorization of the institution; or
(B) the person possesses
or goes with a concealed handgun that the person is licensed to carry under
Subchapter H, Chapter 411, Government Code, and
no other weapon to which this section applies, on the premises of an
institution of higher education or private or
independent institution of higher education, on any grounds or
building on which an activity sponsored by the institution is being
conducted, or in a passenger transportation vehicle of the institution;
(2) on the premises of a
polling place on the day of an election or while early voting is in
progress;
(3) on the premises of any
government court or offices utilized by the court, unless pursuant to
written regulations or written authorization of the court;
(4) on the premises of a
racetrack;
(5) in or into a secured
area of an airport; or
(6) within 1,000 feet of
premises the location of which is designated by the Texas Department of
Criminal Justice as a place of execution under Article 43.19, Code of
Criminal Procedure, on a day that a sentence of death is set to be imposed
on the designated premises and the person received notice that:
(A) going within 1,000 feet
of the premises with a weapon listed under this subsection was prohibited;
or
(B) possessing a weapon
listed under this subsection within 1,000 feet of the premises was
prohibited.
(c) In this section:
(1) "Institution of
higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
(2)
"Premises" has the meaning assigned by Section 46.035.
(3) [(2)]
"Secured area" means an area of an airport terminal building to
which access is controlled by the inspection of persons and property under
federal law.
(j) Subsection (a)(1)(B)
does not permit a person to possess a concealed handgun, or go with a
concealed handgun, on the premises of a hospital maintained or operated by
an institution of higher education or private
or independent institution of higher education if the hospital gives
effective notice under Section 30.06. In this subsection,
"hospital" has the meaning assigned by Section 241.003, Health
and Safety Code.
(k) Subsection (a)(1)(B)
does not permit a person to possess a concealed handgun, or go with a
concealed handgun, on the premises of a preschool, elementary school, or
secondary school that is located on the premises of an institution of
higher education or private or independent
institution of higher education if the institution gives effective
notice under Section 30.06.
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SECTION 3. Section 46.03,
Penal Code, is amended by amending Subsections (a) and (c) and adding
Subsections (j), (k), and (l) to read as follows:
(a) A person commits an
offense if the person intentionally, knowingly, or recklessly possesses or
goes with a firearm, illegal knife, club, or prohibited weapon listed in
Section 46.05(a):
(1) on the [physical] premises of a school or [educational] institution of higher education or private or independent
institution of higher education, any grounds or building on
which an activity sponsored by a school or [educational]
institution of higher education or private
or independent institution of higher education is being
conducted, or a passenger transportation vehicle of a school or [educational] institution of higher education or private or independent
institution of higher education, whether the school or [educational] institution is public
or private, unless:
(A) pursuant to
written rules or regulations or
written authorization of the school or
institution; or
(B) the person possesses
or goes on premises owned or leased and
operated by an institution of higher education, on any grounds or
building owned or leased by the institution
and on which an activity sponsored by the institution is being conducted,
or on a passenger transportation vehicle of the institution with a
concealed handgun that the person is licensed to carry pursuant to a license issued under
Subchapter H, Chapter 411, Government Code;
(2) on the premises of a
polling place on the day of an election or while early voting is in
progress;
(3) on the premises of any
government court or offices utilized by the court, unless pursuant to written
regulations or written authorization of the court;
(4) on the premises of a
racetrack;
(5) in or into a secured
area of an airport; or
(6) within 1,000 feet of
premises the location of which is designated by the Texas Department of
Criminal Justice as a place of execution under Article 43.19, Code of
Criminal Procedure, on a day that a sentence of death is set to be imposed
on the designated premises and the person received notice that:
(A) going within 1,000 feet
of the premises with a weapon listed under this subsection was prohibited;
or
(B) possessing a weapon
listed under this subsection within 1,000 feet of the premises was
prohibited.
(c) In this section:
(1) "Institution of
higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
(2) [(1)]
"Premises" has the meaning assigned by Section 46.035.
(3) [(2)]
"Secured area" means an area of an airport terminal building to
which access is controlled by the inspection of persons and property under
federal law.
(j) Subsection (a)(1)(B) does not preclude an institution of higher
education from adopting written rules or regulations prohibiting license
holders from carrying handguns under Section 411.2031(b), Government Code.
(k) Subsection (a)(1)(B)
does not permit a person to possess a concealed handgun, or go with a
concealed handgun, on the premises of a hospital maintained or operated by
an institution of higher education if the hospital gives notice under
Section 30.06. In this subsection, "hospital" has the meaning
assigned by Section 241.003, Health and Safety Code.
(l) Subsection (a)(1)(B)
does not permit a person to possess a concealed handgun, or go with a
concealed handgun, on the premises of a preschool, elementary school, or
secondary school that is located on the grounds
or premises of an institution of higher education if the institution
gives notice under Section 30.06.
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SECTION 4. Section 46.035,
Penal Code, is amended by adding Subsection (l) to read as follows:
No
equivalent provision.
No
equivalent provision.
(l) Subsection (b)(2)
does not apply on the premises where a collegiate sporting event is taking
place if the actor was not given effective
notice under Section 30.06.
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SECTION 4. Section 46.035,
Penal Code, is amended by amending Subsections (b) and (i) and adding
Subsection (l) to read as follows:
(b) A license holder commits
an offense if the license holder intentionally, knowingly, or recklessly
carries a handgun under the authority of Subchapter H, Chapter 411,
Government Code, regardless of whether the handgun is concealed, on or
about the license holder's person:
(1) on the premises of a
business that has a permit or license issued under Chapter 25, 28, 32, 69,
or 74, Alcoholic Beverage Code, if the business derives 51 percent or more
of its income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic Beverage
Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a
high school, collegiate, or professional sporting event or interscholastic
event is taking place, unless the license holder is a participant in the
event and a handgun is used in the event;
(3) on the premises of a
correctional facility;
(4) on the premises of a
hospital licensed under Chapter 241, Health and Safety Code, or on the
premises of a nursing home licensed under Chapter 242, Health and Safety
Code, unless the license holder has written authorization of the hospital
or nursing home administration, as appropriate;
(5) in an amusement park; [or]
(6) on the premises of a
church, synagogue, or other established place of religious worship; or
(7) in violation of rules
adopted under Section 411.2031(b), Government Code, by an institution of
higher education, as defined by Section 61.003, Education Code, on premises
owned or leased and operated by the institution, on any grounds or building
owned or leased by the institution and on which an activity sponsored by
the institution is being conducted, or on a passenger transportation
vehicle of the institution.
(i) Subsections (b)(4),
(b)(5), (b)(6), (b)(7), and (c) do not apply if the actor was not
given effective notice under Section 30.06.
(l) Subsection (b)(2)
does not apply on premises owned or leased
and operated by an institution of higher education as defined by Section
61.003, Education Code, where a collegiate sporting event sponsored by the institution is taking place
unless the actor is given notice under Section 30.06.
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SECTION 5. Section 411.208,
Government Code, as amended by this Act, applies only to a cause of action
that accrues on or after September 1, 2014.
A cause of action that accrued before that
date is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for that
purpose.
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SECTION 5. Section 411.208,
Government Code, as amended by this Act, applies only to a cause of action
that accrues on or after the effective date
of this Act. A cause of action that accrued before the effective date of this Act is governed
by the law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
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SECTION 6. Sections 46.03(a)
and (c), Penal Code, as amended by this Act, and Sections 46.03(j) and (k)
and 46.035(l), Penal Code, as added by this Act, apply only to an offense
committed on or after September 1, 2014.
An offense committed before September 1, 2014,
is governed by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of this
section, an offense was committed before September
1, 2014, if any element of the offense occurred before that date.
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SECTION 6. Sections 46.03
and 46.035, Penal Code, as amended by this Act, apply only to an offense
committed on or after the effective date of
this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was committed
before the effective date of this Act
if any element of the offense occurred before that date.
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SECTION 7. This Act takes
effect September 1, 2013.
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SECTION 7. This Act takes
effect January 1, 2014.
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