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  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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