By: Birdwell, et al.	S.B. No. 11

	A BILL TO BE ENTITLED
	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) 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 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.
	(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 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.  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) [(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.
	(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
	amending Subsections (g), (h), and (j) and adding Subsections (a-1)
	and (l) 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.
	(g)  An offense under Subsection (a), (a-1), (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) or
	(a-1) 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), 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 46.035, Penal Code, is amended by
	amending Subsections (g), (h), and (j) and adding Subsection (a-2)
	to read as follows:
	(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.
	(g)  An offense under Subsection (a), (a-2), (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) or
	(a-2) 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-2), and (b)(1) do not apply to a
	historical reenactment performed in compliance with the rules of
	the Texas Alcoholic Beverage Commission.
	SECTION 7.  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 8.  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 9.  This Act takes effect September 1, 2015.