Bill Text: TX HB937 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education; amending provisions subject to a criminal penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 57-0)
Status: (Introduced - Dead) 2015-05-07 - Considered in Calendars [HB937 Detail]
Download: Texas-2015-HB937-Introduced.html
Bill Title: Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education; amending provisions subject to a criminal penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 57-0)
Status: (Introduced - Dead) 2015-05-07 - Considered in Calendars [HB937 Detail]
Download: Texas-2015-HB937-Introduced.html
84R1390 AJZ-D | ||
By: Fletcher | H.B. No. 937 |
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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 411.2031 to read as follows: | ||
Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS 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. | ||
(3) "Premises" has the meaning assigned by Section | ||
46.035, Penal Code. | ||
(b) 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. | ||
(c) Except as provided by Subsection (d) or (e), 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 license holders | ||
from carrying handguns on the campus of the institution. | ||
(d) An institution of higher education or private or | ||
independent institution of higher education in this state may | ||
establish rules, regulations, or other provisions concerning the | ||
storage of handguns in dormitories or other residential facilities | ||
that are owned or leased and operated by the institution and located | ||
on the campus of the institution. | ||
(e) A private or 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 premises that are owned or leased and operated by the | ||
institution and located on the campus of the institution. | ||
(f) This section 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 effective notice under Section 30.06, Penal | ||
Code. In this subsection, "hospital" has the meaning assigned by | ||
Section 241.003, Health and Safety Code. | ||
(g) This section 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 campus of an institution of higher education or | ||
private or independent institution of higher education 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, an officer or employee of an institution of | ||
higher education, a private or independent institution of higher | ||
education that has not adopted rules under Section 411.2031(e), an | ||
officer or employee of a private or independent institution of | ||
higher education that has not adopted rules under Section | ||
411.2031(e), 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, an | ||
officer or employee of an institution of higher education, a | ||
private or independent institution of higher education that has not | ||
adopted rules under Section 411.2031(e), an officer or employee of | ||
a private or independent institution of higher education that has | ||
not adopted rules under Section 411.2031(e), 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: | ||
(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, an officer or employee of an institution of | ||
higher education, a private or independent institution of higher | ||
education that has not adopted rules under Section 411.2031(e), an | ||
officer or employee of a 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 a private or independent institution of higher | ||
education 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. | ||
(f) For purposes of this section: | ||
(1) "Campus" has the meaning assigned by Section | ||
411.2031. | ||
(2) "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) and (k) | ||
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, any grounds or building on which an | ||
activity sponsored by a school or educational institution is being | ||
conducted, or a passenger transportation vehicle of a school or | ||
educational institution, 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 | ||
section 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) "Premises" has the meaning assigned by Section | ||
46.035. | ||
(3) [ |
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terminal building to which access is controlled by the inspection | ||
of persons and property under federal law. | ||
(j) 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 effective notice under Section 30.06. In this | ||
subsection, "hospital" has the meaning assigned by Section 241.003, | ||
Health and Safety Code. | ||
(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 preschool, elementary school, or secondary school that is | ||
located on the premises of an institution of higher education or | ||
private or independent institution of higher education if the | ||
institution gives effective 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 the premises where a | ||
collegiate sporting event is taking place if the actor was not given | ||
effective 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 | ||
September 1, 2016. A cause of action that accrued before that date | ||
is governed by the law in effect immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 6. Sections 46.03(a) and (c), Penal Code, as | ||
amended by this Act, and Sections 46.03(j) and (k) and 46.035(l), | ||
Penal Code, as added by this Act, apply only to an offense committed | ||
on or after September 1, 2016. An offense committed before | ||
September 1, 2016, is governed 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 September 1, 2016, if any element of the offense occurred | ||
before that date. | ||
SECTION 7. This Act takes effect September 1, 2015. |