By: Wentworth, et al.	S.B. No. 1164
	(In the Senate - Filed February 26, 2009; March 13, 2009,
	read first time and referred to Committee on State Affairs;
	May 14, 2009, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 6, Nays 3; May 14, 2009,
	sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 1164	By:  Lucio

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of concealed handguns on the campuses of
	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, "institution
	of higher education" and "private or independent institution of
	higher education" have the meanings assigned by Section 61.003,
	Education 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 (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 buildings
	that are owned or operated by the institution and located on the
	campus of the institution.
	(e)  A private or independent institution of higher
	education in this state may, after consulting with students, staff,
	and faculty of the institution, establish rules, regulations, or
	other provisions prohibiting license holders from carrying
	handguns on premises that are owned or operated by the institution
	and located on the campus of the institution. For purposes of this
	subsection, "premises" has the meaning assigned by Section 46.035,
	Penal Code.
	SECTION 2.  Section 411.208, Government Code, is amended by
	amending Subsections (a), (b), and (d) and adding Subsection (e) 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 or a private or independent institution of higher
	education, an officer or employee of an institution of higher
	education or a private or independent institution of higher
	education, 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 or a
	private or independent institution of higher education, an officer
	or employee of an institution of higher education or a private or
	independent institution of higher education, 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 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 or a private or independent
	institution of higher education, an officer or employee of an
	institution of higher education or a private or independent
	institution of higher education, or a peace officer if the act or
	failure to act was capricious or arbitrary.
	(e)  For purposes of this section, "institution of higher
	education" and "private or independent institution of higher
	education" have the meanings assigned by Section 411.2031.
	SECTION 3.  Subsections (a) and (c), Section 46.03, 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 on the physical
	premises of an institution of higher education or private or
	independent institution of higher education, or on any grounds or
	building on which an activity sponsored by the institution is being
	conducted, with a concealed handgun that the person is licensed to
	carry under Subchapter H, Chapter 411, Government Code;
	(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
	Subsection (k) to read as follows:
	(k)  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.  Subdivision (1), Subsection (c), Section 46.11,
	Penal Code, is amended to read as follows:
	(1)  "Premises" has the meaning ["Institution of higher
	education" and "premises" have the meanings] assigned by Section
	481.134, Health and Safety 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
	September 1, 2010. A cause of action that accrued before that date
	is governed by the law in effect immediately before that date, and
	that law is continued in effect for that purpose.
	SECTION 7.  Subsections (a) and (c), Section 46.03, Penal
	Code, as amended by this Act, and Subsection (k), Section 46.035,
	Penal Code, as added by this Act, apply only to an offense committed
	on or after September 1, 2010. An offense committed before
	September 1, 2010, 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 September 1, 2010, if any element of the offense occurred
	before that date.
	SECTION 8.  This Act takes effect September 1, 2009.
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