Bill Text: TX HB972 | 2013-2014 | 83rd Legislature | Engrossed

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

Spectrum: Partisan Bill (Republican 66-1)

Status: (Engrossed - Dead) 2013-05-20 - Co-sponsor authorized [HB972 Detail]

Download: Texas-2013-HB972-Engrossed.html

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By: Fletcher, Flynn, Lavender, Burkett, Bell, H.B. No. 972
et al.

A BILL TO BE ENTITLED
AN ACT
relating to the carrying of concealed handguns on the premises of
and certain other locations associated with 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 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) The president or other chief executive officer of an
institution of higher education in this state, on behalf of the
institution, and after consulting with law enforcement, 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. A written rule
or regulation adopted under this subsection may remain in effect
for not more than one year after the date of adoption and may be
renewed, reenacted, or reenacted and amended by the institution
only after consultation with students, staff, and faculty of the
institution.
(c) An institution of higher education that does not adopt a
rule or regulation under Subsection (b), or a private or
independent institution of higher education that does not adopt a
rule, regulation, or other provision or take any other action
described by Section 46.03(j), Penal Code, 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 or other official mass
gatherings that take place on grounds or buildings owned or leased
and operated by the institution.
(d) An institution of higher education or private or
independent institution of higher education in this state may not
adopt or enforce any rule, regulation, or other provision or take
any other action, including posting notice under Section 30.06,
Penal Code, prohibiting a student enrolled at that institution who
holds a license to carry a concealed handgun under Subchapter H,
Chapter 411, Government Code, from transporting or storing a
handgun of the same category the student is licensed to carry or
ammunition for that handgun in a locked, privately owned motor
vehicle or a motor vehicle leased by or for the student:
(1) on a street or driveway located on the campus of
the institution; or
(2) in a parking lot, parking garage, or other parking
area located on the campus of the institution.
(e) This section does not permit a person to possess a
concealed handgun, or go with a concealed handgun, on the premises
maintained or operated by an institution of higher education that
is used for the operation of a national biocontainment laboratory,
if the institution gives effective notice under Section 30.06,
Penal Code.
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.
SECTION 3. Section 46.03, Penal Code, is amended by
amending Subsections (a) and (c) and adding Subsections (j), (k),
(l), (m), and (n) 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
or private or independent 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 a private or
independent institution of higher education from adopting a rule,
regulation, or other provision or from taking any other action to
prohibit 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.
(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 or private or independent 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 or private or independent institution of higher education
if the institution gives notice under Section 30.06.
(m) It is an exception to the application of Subsection
(a)(1) that the actor possessed a firearm or club while traveling to
or from the actor's place of assignment or in the actual discharge
of the actor's duties as a security officer if:
(1) the actor holds a security officer commission
issued by the Texas Private Security Board;
(2) the actor is wearing a distinctive uniform; and
(3) the firearm or club is in plain view.
(n) Subsection (a)(1)(B) does not permit a person to possess
a concealed handgun, or go with a concealed handgun, on the premises
maintained or operated by an institution of higher education that
is used for the operation of a national biocontainment laboratory,
if the institution gives notice under Section 30.06.
SECTION 4. Section 46.035, Penal Code, is amended by adding
Subsection (l) to read as follows:
(l) Subsection (b)(2) does not apply on premises owned or
leased and operated by an institution of higher education or
private or independent 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.
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.
SECTION 6. Section 46.03, Penal Code, as amended by this
Act, and Section 46.035(l), Penal Code, as added 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.
SECTION 7. This Act takes effect January 1, 2014.