Bill Text: TX SB354 | 2025-2026 | 89th Legislature | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-11-13 - Filed [SB354 Detail]

Download: Texas-2025-SB354-Introduced.html

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89R321 AJZ-D
By: Eckhardt, Gutierrez S.B. No. 354

A BILL TO BE ENTITLED
AN ACT
relating to the carrying of concealed 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. Sections 411.2031(b) and (d-1), Government Code,
are amended to read as follows:
(b) Except as otherwise provided by this section, a [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.
(d-1) An institution of higher education may establish
rules, regulations, or other provisions prohibiting license
holders from carrying handguns on any portion of the campus of the
institution, any portion of the grounds or building on which an
activity sponsored by the institution is being conducted, or a
passenger transportation vehicle owned by the institution, if a
majority of the members of the legislative body of the
institution's student government vote to propose the prohibition
and if the prohibition is then approved by a majority of the
students, staff, and faculty of the institution voting on the issue
at a referendum election held by the institution for the purpose.
The approval of a majority of the members of the legislative body of
the institution's student government is required to propose a
rescission of the prohibition in a subsequent referendum election.
The institution shall hold a referendum election not later than the
60th day after the date that its student government proposes an
action described by this subsection, and all students, staff, and
faculty of the institution must be allowed to vote on the issue. Not
later than the 30th day after the date of a referendum election, the
president or other chief executive officer of the institution's
student government shall certify the results. [After consulting
with students, staff, and faculty of the institution regarding the
nature of the student population, specific safety considerations,
and the uniqueness of the campus environment, the president or
other chief executive officer of an institution of higher education
in this state shall establish reasonable rules, regulations, or
other provisions regarding the carrying of concealed handguns by
license holders on the campus of the institution or on premises
located on the campus of the institution. The president or officer
may not establish provisions that generally prohibit or have the
effect of generally prohibiting license holders from carrying
concealed handguns on the campus of the institution. The president
or officer may amend the provisions as necessary for campus
safety. The provisions take effect as determined by the president
or officer unless subsequently amended by the board of regents or
other governing board under Subsection (d-2).] The institution
must give effective notice under Section 30.06, Penal Code, with
respect to any portion of a premises on which license holders may
not carry.
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 that allows concealed handguns on campus under
Section 411.2031, an officer or employee of an institution of
higher education that allows concealed handguns on campus under
Section 411.2031, a private or independent institution of higher
education that allows concealed handguns on campus under Section
411.2031 [has not adopted rules under Section 411.2031(e)], an
officer or employee of a private or independent institution of
higher education that allows concealed handguns on campus under
Section 411.2031 [has not adopted rules under Section 411.2031(e)],
a peace officer, a qualified handgun instructor, or an approved
online course provider 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 that
allows concealed handguns on campus under Section 411.2031, an
officer or employee of an institution of higher education that
allows concealed handguns on campus under Section 411.2031, a
private or independent institution of higher education that allows
concealed handguns on campus under Section 411.2031 [has not
adopted rules under Section 411.2031(e)], an officer or employee of
a private or independent institution of higher education that
allows concealed handguns on campus under Section 411.2031 [has not
adopted rules under Section 411.2031(e)], a peace officer, a
qualified handgun instructor, or an approved online course provider
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 that allows concealed handguns on campus under
Section 411.2031, an officer or employee of an institution of
higher education that allows concealed handguns on campus under
Section 411.2031, a private or independent institution of higher
education that allows concealed handguns on campus under Section
411.2031 [has not adopted rules under Section 411.2031(e)], an
officer or employee of a private or independent institution of
higher education that allows concealed handguns on campus under
Section 411.2031 [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 411.2031(d-2), Government Code, is
repealed.
SECTION 4. 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 5. This Act takes effect September 1, 2025.