Bill Text: TX HB2280 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Community Safety, Select [HB2280 Detail]
Download: Texas-2023-HB2280-Introduced.html
88R901 AJZ-D | ||
By: Anchía | H.B. No. 2280 |
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relating to the carrying of 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. Section 411.2031(e), Government Code, is amended | ||
to read as follows: | ||
(e) An institution of higher education or [ |
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independent institution of higher education in this state, after | ||
consulting with students, staff, and faculty of the institution, | ||
may establish rules, regulations, or other provisions prohibiting | ||
license holders from carrying handguns on the campus of the | ||
institution, any grounds or building on which an activity sponsored | ||
by the institution is being conducted, or a passenger | ||
transportation vehicle owned by the institution. | ||
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[ |
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education that has not adopted rules under Section 411.2031(e), an | ||
officer or employee of an institution of higher education or [ |
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private or independent institution of higher education that 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[ |
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private or independent institution of higher education that has not | ||
adopted rules under Section 411.2031(e), an officer or employee of | ||
an institution of higher education or [ |
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institution of higher education that 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[ |
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education that has not adopted rules under Section 411.2031(e), an | ||
officer or employee of an institution of higher education or [ |
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private or independent institution of higher education that 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 46.03(a-3), Penal Code, is amended to | ||
read as follows: | ||
(a-3) Notwithstanding Subsection (a) or Section 46.02(a-5), | ||
a license holder commits an offense if the license holder carries a | ||
handgun on the campus of an institution of higher education or [ |
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private or independent institution of higher education in this | ||
state that has established rules, regulations, or other provisions | ||
prohibiting license holders from carrying handguns pursuant to | ||
Section 411.2031(e), Government Code, or on the grounds or building | ||
on which an activity sponsored by such an institution is being | ||
conducted, or in a passenger transportation vehicle of such an | ||
institution, regardless of whether the handgun is concealed, | ||
provided the institution gives effective notice under Section | ||
30.06. | ||
SECTION 4. Section 46.15(j), Penal Code, is amended to read | ||
as follows: | ||
(j) The provisions of Sections 46.02 and 46.03(a)(7), | ||
(a-2), and (a-3) [ |
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carries a handgun as a participant in a historical reenactment | ||
performed in accordance with the rules of the Texas Alcoholic | ||
Beverage Commission. | ||
SECTION 5. The following laws are repealed: | ||
(1) Sections 411.2031(c), (d-1), (d-2), (d-3), and | ||
(d-4), Government Code; and | ||
(2) Section 46.03(a-4), Penal 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 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 7. The change in law made by this Act applies 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 8. This Act takes effect September 1, 2023. |