88R4743 MEW-F
	By: Hall	S.B. No. 354

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of concealed handguns by handgun license
	holders on the campus of a school district or open-enrollment
	charter school.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 37, Education Code, is
	amended by adding Section 37.0816 to read as follows:
	Sec. 37.0816.  CARRYING OF HANDGUNS BY SCHOOL EMPLOYEES.
	(a) For purposes of this section, "premises" has the meaning
	assigned by Section 46.03, Penal Code.
	(b)  Except as provided by Sections 37.0811(c) and (d), the
	board of trustees of a school district or the governing body of an
	open-enrollment charter school may not adopt any rule, regulation,
	or other provision prohibiting or restricting a district or school
	employee, while performing job duties on the premises of a district
	or school, from carrying in a concealed manner a handgun that the
	employee is licensed to carry under Subchapter H, Chapter 411,
	Government Code.
	SECTION 2.  The heading to Section 411.2031, Government
	Code, is amended to read as follows:
	Sec. 411.2031.  CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
	CERTAIN HIGHER EDUCATION CAMPUSES.
	SECTION 3.  Section 411.2032(a), Government Code, is amended
	by amending Subdivision (1) and adding Subdivisions (3) and (4) to
	read as follows:
	(1)  "Campus" means all land and buildings owned or
	leased by a school district, open-enrollment charter school, [an]
	institution of higher education, or private or independent
	institution of higher education.
	(3)  "Open-enrollment charter school" means a school
	that has been granted a charter under Subchapter D, Chapter 12,
	Education Code.
	(4)  "School district" means any public school district
	in this state.
	SECTION 4.  Section 411.2032(b), Government Code, is amended
	to read as follows:
	(b)  A school district, open-enrollment charter school, [An]
	institution of higher education, or private or independent
	institution of higher education in this state may not adopt or
	enforce any rule, regulation, or other provision or take any other
	action, including posting notice under Section 30.06 or 30.07,
	Penal Code, prohibiting or placing restrictions on the storage or
	transportation of a firearm or ammunition in a locked, privately
	owned or leased motor vehicle by a person, including a student or
	employee [enrolled at that institution], who holds a license to
	carry a handgun under this subchapter and lawfully possesses the
	firearm or ammunition:
	(1)  on a street or driveway located on the campus of
	the district, school, or institution; or
	(2)  in a parking lot, parking garage, or other parking
	area located on the campus of the district, school, or institution.
	SECTION 5.  Subchapter H, Chapter 411, Government Code, is
	amended by adding Section 411.2033 to read as follows:
	Sec. 411.2033.  CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
	PUBLIC SCHOOL CAMPUSES. (a)  For purposes of this section:
	(1)  "Campus" means all land and buildings owned or
	leased by a school district or open-enrollment charter school.
	(2)  "Open-enrollment charter school" and "school
	district" have the meanings assigned by Section 411.2032.
	(b)  A license holder may carry a concealed handgun on or
	about the license holder's person while the license holder is on the
	campus of a school district or open-enrollment charter school in
	this state.
	(c)  A school district or open-enrollment charter school in
	this state may not adopt any rule, regulation, or other provision
	prohibiting license holders from carrying handguns on a campus of
	the district or school.
	SECTION 6.  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, a school district
	or open-enrollment charter school, an officer or employee of a
	school district or open-enrollment charter school, 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 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, a school district or open-enrollment charter
	school, an officer or employee of a school district or
	open-enrollment charter school, 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 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, a school
	district or open-enrollment charter school, an officer or employee
	of a school district or open-enrollment charter school, 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 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 a school district,
	open-enrollment charter school, [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 district, school, or institution and whose
	conduct with regard to the handgun is made the basis of a claim for
	personal injury or property damage.
	SECTION 7.  Section 411.208(f)(1), Government Code, is
	amended to read as follows:
	(1)  "Campus," "open-enrollment charter school," and
	"school district" have ["Campus" has] the meanings [meaning]
	assigned by Section 411.2032 [411.2031].
	SECTION 8.  Sections 46.03(a) and (a-2), 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,
	location-restricted knife, club, or prohibited weapon listed in
	Section 46.05(a):
	(1)  on the physical premises of a school or
	educational institution, any grounds or building on which an
	activity sponsored by a school or educational institution is being
	conducted, or a passenger transportation vehicle of a school or
	educational institution, whether the school or educational
	institution is public or private, unless:
	(A)  pursuant to written regulations or written
	authorization of the institution; or
	(B)  the person possesses or goes with a concealed
	handgun that the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code, and no other weapon to which this
	section applies, on the premises of a school district,
	open-enrollment charter school, [an] institution of higher
	education, or private or independent institution of higher
	education, on any grounds or building on which an activity
	sponsored by the district, school, or institution is being
	conducted, or in a passenger transportation vehicle of the
	institution;
	(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;
	(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;
	(7)  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;
	(8)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the person is a participant in the event and a
	firearm, location-restricted knife, club, or prohibited weapon
	listed in Section 46.05(a) is used in the event;
	(9)  on the premises of a correctional facility;
	(10)  on the premises of a civil commitment facility;
	(11)  on the premises of a hospital licensed under
	Chapter 241, Health and Safety Code, or on the premises of a nursing
	facility licensed under Chapter 242, Health and Safety Code, unless
	the person has written authorization of the hospital or nursing
	facility administration, as appropriate;
	(12)  on the premises of a mental hospital, as defined
	by Section 571.003, Health and Safety Code, unless the person has
	written authorization of the mental hospital administration;
	(13)  in an amusement park; or
	(14)  in the room or rooms where a meeting of a
	governmental entity is held, if the meeting is an open meeting
	subject to Chapter 551, Government Code, and if the entity provided
	notice as required by that chapter.
	(a-2)  Notwithstanding Section 46.02(a-5), a license holder
	commits an offense if the license holder carries a partially or
	wholly visible handgun, regardless of whether the handgun is
	holstered, on or about the license holder's person under the
	authority of Subchapter H, Chapter 411, Government Code, and
	intentionally or knowingly displays the handgun in plain view of
	another person:
	(1)  on the premises of a school district,
	open-enrollment charter school, [an] institution of higher
	education, or private or independent institution of higher
	education; or
	(2)  on any public or private driveway, street,
	sidewalk or walkway, parking lot, parking garage, or other parking
	area of a school district, open-enrollment charter school, [an]
	institution of higher education, or private or independent
	institution of higher education.
	SECTION 9.  Section 46.03(c), Penal Code, is amended by
	adding Subdivisions (3-a) and (4-a) to read as follows:
	(3-a)  "Open-enrollment charter school" means a school
	that has been granted a charter under Subchapter D, Chapter 12,
	Education Code.
	(4-a)  "School district" means any public school
	district in this state.
	SECTION 10.  Section 37.0815, Education Code, is repealed.
	SECTION 11.  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 12.  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 13.  This Act takes effect September 1, 2023.