Bill Text: TX HB1167 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the carrying of concealed handguns on certain premises of or locations associated with schools or public junior colleges and public technical institutes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-10 - Committee report sent to Calendars [HB1167 Detail]
Download: Texas-2011-HB1167-Comm_Sub.html
82R4022 JSC-D | ||
By: Taylor of Collin, et al. | H.B. No. 1167 |
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relating to the carrying of concealed handguns on certain premises | ||
of or locations associated with schools or public junior colleges | ||
and public technical institutes. | ||
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) "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). | ||
(2) "Public junior college" and "public technical | ||
institute" have the meanings assigned by Section 61.003, Education | ||
Code. | ||
(b) A public junior college or public technical institute in | ||
this state may not adopt any rule, regulation, or other provision | ||
prohibiting license holders from carrying handguns on the campus of | ||
the college or institute. | ||
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, a public junior | ||
college or public technical institute, an officer or employee of a | ||
public junior college or public technical institute, 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, a public junior college or public technical | ||
institute, an officer or employee of a public junior college or | ||
public technical institute, 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, a | ||
public junior college or public technical institute, an officer or | ||
employee of a public junior college or public technical institute, | ||
or a peace officer if the act or failure to act was capricious or | ||
arbitrary. | ||
(f) For purposes of this section, "public junior college" | ||
and "public technical institute" 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 [ |
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independent institution of higher education, any grounds or | ||
building on which an activity sponsored by a school or | ||
[ |
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independent institution of higher education is being conducted, or | ||
a passenger transportation vehicle of a school or [ |
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institution of higher education or private or independent | ||
institution of higher education, whether the school or | ||
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(A) pursuant to written regulations or written | ||
authorization of the school or institution; or | ||
(B) the person possesses or goes on the premises | ||
of a public junior college or public technical institute, or on any | ||
grounds or building on which an activity sponsored by the college or | ||
institute 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) [ |
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Section 46.035. | ||
(3) "Public junior college" and "public technical | ||
institute" have the meanings assigned by Section 61.003, Education | ||
Code. | ||
(4) [ |
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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 [ |
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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. |