82R5564 JSC-D
	By: Driver, Miller of Erath, et al.	H.B. No. 750

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of concealed handguns on certain premises
	of or locations associated with schools or institutions of higher
	education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	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 CERTAIN LICENSE
	HOLDERS ON CAMPUSES. (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)  Except as provided by Subsection (c) or (d), 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.
	(c)  A private or independent institution of higher
	education in this state may, after consulting with students, staff,
	and faculty of the institution, adopt rules, regulations, or other
	provisions prohibiting license holders from carrying handguns on
	premises that are owned or operated by the institution and located
	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 that are owned or operated by the
	institution and located on the campus of the institution.
	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(c), an
	officer or employee of a private or independent institution of
	higher education that has not adopted rules under Section
	411.2031(c), 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(c), an officer or employee of
	a private or independent institution of higher education that has
	not adopted rules under Section 411.2031(c), 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, 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(c), an officer or employee of a private or
	independent institution of higher education that has not adopted
	rules under Section 411.2031(c), 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 411.2031.
	SECTION 3.  Sections 46.03(a) and (c), Penal Code, are
	amended 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 regulations or written
	authorization of the school or institution; or
	(B)  the person possesses or goes on the premises
	of an institution of higher education or private or independent
	institution of higher education, or on any grounds or building on
	which an activity sponsored by the institution is being conducted,
	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.
	SECTION 4.  Section 46.035(i), Penal Code, is amended to
	read as follows:
	(i)  Subsections (b)(2), (b)(4), (b)(5), (b)(6), and (c) do
	not apply if the actor was not given effective notice under Section
	30.06.
	SECTION 5.  Section 46.11(c)(1), Penal Code, is amended to
	read as follows:
	(1)  "Premises" has the meaning ["Institution of higher
	education" and "premises" have the meanings] assigned by Section
	481.134, Health and Safety Code.
	SECTION 6.  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.
	SECTION 7.  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 covered 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 the effective date of this Act if any element of
	the offense occurred before that date.
	SECTION 8.  This Act takes effect September 1, 2011.