Bill Text: TX HB2178 | 2011-2012 | 82nd Legislature | Comm Sub

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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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-05-06 - Corrected committee report sent to Calendars [HB2178 Detail]

Download: Texas-2011-HB2178-Comm_Sub.html

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82R24081 JSC-D
By: Driver H.B. No. 2178
Substitute the following for H.B. No. 2178:
By: Driver C.S.H.B. No. 2178

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. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.2032 to read as follows:
Sec. 411.2032. CARRYING OF HANDGUNS BY LICENSE HOLDERS IN
PRIVATE VEHICLES ON CERTAIN CAMPUSES. (a) For purposes of this
section:
(1) "Campus" means all land and buildings owned or
leased by an institution of higher education or private or
independent institution of higher education.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(b) 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 a person
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 person is licensed to carry in a
locked, privately owned motor vehicle or a motor vehicle leased by
the person:
(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.
SECTION 2. 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 institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
subsection applies, on the premises of an institution of higher
education or private or independent institution of higher
education, on any grounds or building on which an activity
sponsored by the institution is being conducted, or in a passenger
transportation vehicle of the institution;
(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 3. Section 46.035, Penal Code, is amended by adding
Subsection (l) to read as follows:
(l) Subsection (b)(2) does not apply on the premises where a
collegiate sporting event is taking place if the actor was not given
effective notice under Section 30.06.
SECTION 4. Sections 46.03(a) and (c), 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 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 5. This Act takes effect September 1, 2011.