86R327 AJZ-D
	By: Anchia	H.B. No. 1173

	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, a
	qualified handgun instructor, or an approved online course provider
	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, a qualified handgun
	instructor, or an approved online course provider 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.  Sections 46.035(a-2), (h), and (j), Penal Code,
	are 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.
	(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 4.  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 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 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 6.  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 7.  This Act takes effect September 1, 2019.