Bill Text: TX HB391 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2017-02-16 - Referred to Homeland Security & Public Safety [HB391 Detail]

Download: Texas-2017-HB391-Introduced.html

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85R1554 AJZ-D
By: Howard H.B. No. 391

A BILL TO BE ENTITLED
AN ACT
relating to the carrying of handguns on the campuses of and certain
other locations associated with institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.2031(e), Government Code, is amended
to read as follows:
(e) An institution of higher education or [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 the campus of the
institution, any grounds or building on which an activity sponsored
by the institution is being conducted, or a passenger
transportation vehicle owned by the institution.
SECTION 2. Sections 411.208(a), (b), and (d), Government
Code, are amended 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 an institution of higher education or [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
an institution of higher education or [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 an institution of higher education or [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 private or independent institution of higher
education described by Subdivision (1) 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.
SECTION 3. Section 46.035(a-2), Penal Code, is amended to
read as follows:
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a
license holder commits an offense if the license holder carries a
handgun on the campus of an institution of higher education or [a]
private or independent institution of higher education in this
state that has established rules, regulations, or other provisions
prohibiting license holders from carrying handguns pursuant to
Section 411.2031(e), Government Code, or on the grounds or building
on which an activity sponsored by such an institution is being
conducted, or in a passenger transportation vehicle of such an
institution, regardless of whether the handgun is concealed,
provided the institution gives effective notice under Section
30.06.
SECTION 4. Section 46.035(g), Penal Code, as amended by
Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th
Legislature, Regular Session, 2015, is reenacted and amended to
read as follows:
(g) An offense under this section [(a-1), (a-2), (a-3),] is
a Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a felony
of the third degree.
SECTION 5. Sections 46.035(h) and (j), Penal Code, as
amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the
84th Legislature, Regular Session, 2015, are reenacted and amended
to read as follows:
(h) It is a defense to prosecution under Subsection (a),
(a-1), or (a-2)[, or (a-3)] that the actor, at the time of the
commission of the offense, displayed the handgun under
circumstances in which the actor would have been justified in the
use of force or deadly force under Chapter 9.
(j) Subsections (a), (a-1), (a-2), [(a-3),] and (b)(1) do
not apply to a historical reenactment performed in compliance with
the rules of the Texas Alcoholic Beverage Commission.
SECTION 6. The following laws are repealed:
(1) Sections 411.2031(c), (d-1), (d-2), (d-3), and
(d-4), Government Code; and
(2) Section 46.035(a-3), Penal Code.
SECTION 7. 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 accrues
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 8. The change in law made by this Act applies 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.
SECTION 9. This Act takes effect September 1, 2017.