Bill Text: TX SB11 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education; providing a criminal penalty.

Spectrum: Partisan Bill (Republican 20-0)

Status: (Passed) 2015-06-13 - Effective on . . . . . . . . . . . . . . . [SB11 Detail]

Download: Texas-2015-SB11-Enrolled.html
 
 
  S.B. No. 11
 
 
 
 
AN ACT
  relating to the carrying of handguns on the campuses of and certain
  other locations associated with institutions of higher education;
  providing a criminal penalty.
         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), (d-1), 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.
         (d-1)  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. 
         (d-2)  Not later than the 90th day after the date that the
  rules, regulations, or other provisions are established as
  described by Subsection (d-1), the board of regents or other
  governing board of the institution of higher education shall review
  the provisions.  The board of regents or other governing board may,
  by a vote of not less than two-thirds of the board, amend wholly or
  partly the provisions established under Subsection (d-1).  If
  amended under this subsection, the provisions are considered to be
  those of the institution as established under Subsection (d-1).
         (d-3)  An institution of higher education shall widely
  distribute the rules, regulations, or other provisions described by
  Subsection (d-1) to the institution's students, staff, and faculty,
  including by prominently publishing the provisions on the
  institution's Internet website. 
         (d-4)  Not later than September 1 of each even-numbered year,
  each institution of higher education in this state shall submit a
  report to the legislature and to the standing committees of the
  legislature with jurisdiction over the implementation and
  continuation of this section that:
               (1)  describes its rules, regulations, or other
  provisions regarding the carrying of concealed handguns on the
  campus of the institution; and
               (2)  explains the reasons the institution has
  established those provisions.
         (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 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.  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 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.
         (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.  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, 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) [(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 4.  Section 46.035, Penal Code, is amended by adding
  Subsections (a-1), (a-2), (a-3), and (l) and amending Subsections
  (g), (h), and (j) to read as follows:
         (a-1)  Notwithstanding Subsection (a), a license holder
  commits an offense if the license holder carries a partially or
  wholly visible handgun, regardless of whether the handgun is
  holstered, on or about the license holder's person under the
  authority of Subchapter H, Chapter 411, Government Code, and
  intentionally or knowingly displays the handgun in plain view of
  another person:
               (1)  on the premises of an institution of higher
  education or private or independent institution of higher
  education; or
               (2)  on any public or private driveway, street,
  sidewalk or walkway, parking lot, parking garage, or other parking
  area of an institution of higher education or private or
  independent institution of higher education.
         (a-2)  Notwithstanding Subsection (a) or Section 46.03(a), a
  license holder commits an offense if the license holder carries a
  handgun on the campus of a 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.
         (a-3)  Notwithstanding Subsection (a) or Section 46.03(a), a
  license holder commits an offense if the license holder
  intentionally carries a concealed handgun on a portion of a
  premises located on the campus of an institution of higher
  education in this state on which the carrying of a concealed handgun
  is prohibited by rules, regulations, or other provisions
  established under Section 411.2031(d-1), Government Code, provided
  the institution gives effective notice under Section 30.06 with
  respect to that portion.
         (g)  An offense under Subsection (a), (a-1), (a-2), (a-3),
  (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense
  is committed under Subsection (b)(1) or (b)(3), in which event the
  offense is a felony of the third degree.
         (h)  It is a defense to prosecution under Subsection (a),
  (a-1), (a-2), or (a-3) that the actor, at the time of the commission
  of the offense, displayed the handgun under circumstances in which
  the actor would have been justified in the use of force or deadly
  force under Chapter 9.
         (j)  Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not
  apply to a historical reenactment performed in compliance with the
  rules of the Texas Alcoholic Beverage Commission.
         (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 46.035(f), Penal Code, is amended by
  adding Subdivision (1-a) to read as follows:
               (1-a)  "Institution of higher education" and "private
  or independent institution of higher education" have the meanings
  assigned by Section 61.003, Education 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.  (a) Except as otherwise provided by this
  section, this Act takes effect August 1, 2016.
         (b)  Before August 1, 2016, the president or other chief
  executive officer of an institution of higher education, as defined
  by Section 61.003, Education Code, other than a public junior
  college as defined by that section, shall take any action necessary
  to adopt rules, regulations, or other provisions as required by
  Section 411.2031, Government Code, as added by this Act.  
  Notwithstanding any other law, the president or other chief
  executive officer shall establish rules, regulations, or other
  provisions under Section 411.2031(d-1), Government Code, as added
  by this Act, that take effect August 1, 2016.
         (c)  Before August 1, 2016, a private or independent
  institution of higher education, as defined by Section 61.003,
  Education Code, may take any action necessary to adopt rules,
  regulations, or other provisions as authorized under Section
  411.2031, Government Code, as added by this Act.
         (d)  This Act does not apply to a public junior college, as
  defined by Section 61.003, Education Code, before August 1, 2017.  
  Not later than August 1, 2017, the president or other chief
  executive officer of a public junior college shall take any action
  necessary to adopt rules, regulations, or other provisions as
  required by Section 411.2031, Government Code, as added by this
  Act.  Notwithstanding any other law, the president or other chief
  executive officer shall establish rules, regulations, or other
  provisions under Section 411.2031(d-1), Government Code, as added
  by this Act, that take effect August 1, 2017.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 11 passed the Senate on
  March 19, 2015, by the following vote:  Yeas 20, Nays 11;
  May 28, 2015, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 29, 2015, House
  granted request of the Senate; May 30, 2015, Senate adopted
  Conference Committee Report by the following vote:  Yeas 20,
  Nays 11.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 11 passed the House, with
  amendments, on May 27, 2015, by the following vote:  Yeas 102,
  Nays 44, one present not voting; May 29, 2015, House granted
  request of the Senate for appointment of Conference Committee;
  May 31, 2015, House adopted Conference Committee Report by the
  following vote:  Yeas 98, Nays 47, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor
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