87R12080 AJZ-D
	By: Fierro	H.B. No. 3806

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of handguns on the campuses of and certain
	other locations associated with public junior colleges.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.2031(a)(2), Government Code, is
	amended to read as follows:
	(2)  "Institution of higher education," [and] "private
	or independent institution of higher education," and "public junior
	college" have the meanings assigned by Section 61.003, Education
	Code.
	SECTION 2.  Section 411.2031, Government Code, is amended by
	amending Subsection (e) and adding Subsection (f) to read as
	follows:
	(e)  A public junior college or 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.
	(f)  Subsections (d-1), (d-2), (d-3), and (d-4) do not apply
	to a public junior college.
	SECTION 3.  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 public junior college or private or independent
	institution of higher education that has not adopted rules under
	Section 411.2031(e), an officer or employee of a public junior
	college or 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 public
	junior college or private or independent institution of higher
	education that has not adopted rules under Section 411.2031(e), an
	officer or employee of a public junior college or 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 public junior college or private or independent
	institution of higher education that has not adopted rules under
	Section 411.2031(e), an officer or employee of a public junior
	college or 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, public junior college, 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 4.  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 a public junior college or 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 5.  Section 46.035(f)(1-a), Penal Code, is amended
	to read as follows:
	(1-a)  "Institution of higher education," [and]
	"private or independent institution of higher education," and
	"public junior college" have the meanings assigned by Section
	61.003, Education 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
	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 7.  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 8.  This Act takes effect September 1, 2021.