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  85R1554 AJZ-D
 
  By: Anchia H.B. No. 282
 
 
 
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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.2031(e), Government Code, is amended
  to read as follows:
         (e)  An institution of higher education or [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.
         SECTION 2.  Sections 411.208(a), (b), and (d), Government
  Code, are amended 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 an institution of higher education or [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
  an institution of higher education or [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 an institution of higher education or [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.
         SECTION 3.  Section 46.035(a-2), Penal Code, is amended 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 an institution of higher education or [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.
         SECTION 4.  Section 46.035(g), Penal Code, as amended by
  Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th
  Legislature, Regular Session, 2015, is reenacted and amended to
  read as follows:
         (g)  An offense under this section [(a-1), (a-2), (a-3),] 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.
         SECTION 5.  Sections 46.035(h) and (j), Penal Code, as
  amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the
  84th Legislature, Regular Session, 2015, are reenacted and amended
  to read as follows:
         (h)  It is a defense to prosecution under Subsection (a),
  (a-1), or (a-2)[, or (a-3)] 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), (a-2), [(a-3),] and (b)(1) do
  not apply to a historical reenactment performed in compliance with
  the rules of the Texas Alcoholic Beverage Commission.
         SECTION 6.  The following laws are repealed:
               (1)  Sections 411.2031(c), (d-1), (d-2), (d-3), and
  (d-4), Government Code; and
               (2)  Section 46.035(a-3), Penal Code.
         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, 2017.