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  83R5712 MAW-D
 
  By: Creighton H.B. No. 1313
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of concealed handguns on certain premises
  of or locations associated with schools or 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 CERTAIN 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.
               (2)  "Institution of higher education" has the meaning
  assigned by Section 61.003, Education Code.
               (3)  "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).
               (4)  "Premises" has the meaning assigned by Section
  46.035, Penal Code.
         (b)  Except as provided by Subsection (c), an 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.
         (c)  An institution of higher education in this state may
  establish rules, regulations, or other provisions concerning the
  storage of handguns in dormitories that are owned or operated by the
  institution and located on the campus of 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 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 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, an officer or employee of an
  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" has the meaning assigned by Section 411.2031.
         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 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 regulations or written
  authorization of the school or institution; or
                     (B)  the person possesses or goes on the premises
  of 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.
         SECTION 4.  Section 46.035, Penal Code, is amended by adding
  Subsection (l) to read as follows:
         (l)  Subsection (b)(2) does not apply on premises owned or
  leased by an institution of higher education as defined by Section
  61.003, Education Code, and where a collegiate sporting event
  sponsored by the institution is taking place if the actor was not
  given effective 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 September 1, 2013.