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  83R21588 JSC-D
 
  By: Fletcher, Flynn, Lavender, Burkett, Bell, H.B. No. 972
      et al.
 
  Substitute the following for H.B. No. 972:
 
  By:  Fletcher C.S.H.B. No. 972
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of concealed handguns on the premises 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 PREMISES OWNED OR LEASED BY INSTITUTION OF HIGHER
  EDUCATION. (a)  For purposes of 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)  "License holder" means a person to whom a license
  to carry a concealed handgun has been issued under this subchapter,
  including a nonresident license issued under Section 411.173(a).
  The term does not include a person to whom a license to carry a
  concealed handgun has been issued by another state, regardless of
  whether a license issued by that state is recognized pursuant to an
  agreement negotiated by the governor under Section 411.173(b).
               (3)  "Premises" has the meaning assigned by Section
  46.035, Penal Code.
         (b)  An institution of higher education in this state, after
  consulting with students, staff, and faculty of the institution,
  may adopt written rules or regulations prohibiting license holders
  from carrying handguns on premises owned or leased and operated by
  the institution, on any grounds or building owned or leased by the
  institution and on which an activity sponsored by the institution
  is being conducted, or on a passenger transportation vehicle of the
  institution.  An institution of higher education that adopts a rule
  or regulation under this subsection shall give notice of the rule or
  regulation by posting signs that meet the requirements for notice
  under Section 30.06, Penal Code.
         (c)  An institution of higher education that does not adopt a
  rule or regulation under Subsection (b) shall adopt written rules
  or regulations concerning:
               (1)  the storage of handguns in dormitories or other
  residential facilities that are owned or leased and operated by the
  institution; and
               (2)  the carrying of concealed handguns by license
  holders at collegiate sporting events that take place on grounds or
  buildings owned or leased and operated by the institution.
         (d)  A private or independent institution of higher
  education in this state, after consulting with students, staff, and
  faculty of the institution, may adopt written rules or regulations
  allowing license holders to carry handguns on premises owned or
  leased and operated by the institution, on any grounds or building
  owned or leased by the institution and on which an activity
  sponsored by the institution is being conducted, or on a passenger
  transportation vehicle of the institution.  An institution that
  adopts a rule or regulation under this subsection shall also adopt
  written rules or regulations described by Subsection (c).
         (e)  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 if the hospital gives notice under Section 30.06, Penal
  Code.  In this subsection, "hospital" has the meaning assigned by
  Section 241.003, Health and Safety Code.
         (f)  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 grounds or premises of an institution of higher
  education if the institution gives 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 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.
         (f)  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.
         SECTION 3.  Section 46.03, Penal Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (j), (k),
  and (l) 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 of higher education or private or
  independent institution of higher education, any grounds or
  building on which an activity sponsored by a school or
  [educational] institution of higher education or private or
  independent institution of higher education is being conducted, or
  a passenger transportation vehicle of a school or [educational]
  institution of higher education or private or independent
  institution of higher education, whether the school or
  [educational] institution is public or private, unless:
                     (A)  pursuant to written rules or regulations or
  written authorization of the school or institution; or
                     (B)  the person possesses or goes on premises
  owned or leased and operated by an institution of higher education,
  on any grounds or building owned or leased by the institution and on
  which an activity sponsored by the institution is being conducted,
  or on a passenger transportation vehicle of the institution with a
  concealed handgun that the person is licensed to carry pursuant to a
  license issued 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) [(1)]  "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 preclude an institution
  of higher education from adopting written rules or regulations
  prohibiting license holders from carrying handguns under Section
  411.2031(b), Government 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 hospital maintained or operated by an institution of higher
  education if the hospital gives notice under Section 30.06. In this
  subsection, "hospital" has the meaning assigned by Section 241.003,
  Health and Safety Code.
         (l)  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 grounds or premises of an institution of higher
  education if the institution gives notice under Section 30.06.
         SECTION 4.  Section 46.035, Penal Code, is amended by
  amending Subsections (b) and (i) and adding Subsection (l) to read
  as follows:
         (b)  A license holder commits an offense if the license
  holder intentionally, knowingly, or recklessly carries a handgun
  under the authority of Subchapter H, Chapter 411, Government Code,
  regardless of whether the handgun is concealed, on or about the
  license holder's person:
               (1)  on the premises of a business that has a permit or
  license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
  Beverage Code, if the business derives 51 percent or more of its
  income from the sale or service of alcoholic beverages for
  on-premises consumption, as determined by the Texas Alcoholic
  Beverage Commission under Section 104.06, Alcoholic Beverage Code;
               (2)  on the premises where a high school, collegiate,
  or professional sporting event or interscholastic event is taking
  place, unless the license holder is a participant in the event and a
  handgun is used in the event;
               (3)  on the premises of a correctional facility;
               (4)  on the premises of a hospital licensed under
  Chapter 241, Health and Safety Code, or on the premises of a nursing
  home licensed under Chapter 242, Health and Safety Code, unless the
  license holder has written authorization of the hospital or nursing
  home administration, as appropriate;
               (5)  in an amusement park; [or]
               (6)  on the premises of a church, synagogue, or other
  established place of religious worship; or
               (7)  in violation of rules adopted under Section
  411.2031(b), Government Code, by an institution of higher
  education, as defined by Section 61.003, Education Code, on
  premises owned or leased and operated by the institution, on any
  grounds or building owned or leased by the institution and on which
  an activity sponsored by the institution is being conducted, or on a
  passenger transportation vehicle of the institution.
         (i)  Subsections (b)(4), (b)(5), (b)(6), (b)(7), and (c) do
  not apply if the actor was not given effective notice under Section
  30.06.
         (l)  Subsection (b)(2) does not apply on premises owned or
  leased and operated by an institution of higher education as
  defined by Section 61.003, Education Code, where a collegiate
  sporting event sponsored by the institution is taking place unless
  the actor is given 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
  the effective date of this Act.  A cause of action that accrued
  before the effective date of this Act is governed by the law in
  effect immediately before the effective date of this Act, and the
  former law is continued in effect for that purpose.
         SECTION 6.  Sections 46.03 and 46.035, Penal Code, as
  amended by this Act, apply 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 7.  This Act takes effect January 1, 2014.