| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the carrying of concealed 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. Sections 411.2031(b) and (d-1), Government Code, |
|
|
are amended to read as follows: |
|
|
(b) Except as otherwise provided by this section, a [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 an |
|
|
institution of higher education or private or independent |
|
|
institution of higher education in this state. |
|
|
(d-1) An institution of higher education may establish |
|
|
rules, regulations, or other provisions prohibiting license |
|
|
holders from carrying handguns on any portion of the campus of the |
|
|
institution, any portion of the grounds or building on which an |
|
|
activity sponsored by the institution is being conducted, or a |
|
|
passenger transportation vehicle owned by the institution, if a |
|
|
majority of the members of the legislative body of the |
|
|
institution's student government vote to propose the prohibition |
|
|
and if the prohibition is then approved by a majority of the |
|
|
students, staff, and faculty of the institution voting on the issue |
|
|
at a referendum election held by the institution for the purpose. |
|
|
The approval of a majority of the members of the legislative body of |
|
|
the institution's student government is required to propose a |
|
|
rescission of the prohibition in a subsequent referendum election. |
|
|
The institution shall hold a referendum election not later than the |
|
|
60th day after the date that its student government proposes an |
|
|
action described by this subsection, and all students, staff, and |
|
|
faculty of the institution must be allowed to vote on the issue. Not |
|
|
later than the 30th day after the date of a referendum election, the |
|
|
president or other chief executive officer of the institution's |
|
|
student government shall certify the results. [After consulting |
|
|
with students, staff, and faculty of the institution regarding the |
|
|
nature of the student population, specific safety considerations, |
|
|
and the uniqueness of the campus environment, the president or |
|
|
other chief executive officer of an institution of higher education |
|
|
in this state shall establish reasonable rules, regulations, or |
|
|
other provisions regarding the carrying of concealed handguns by |
|
|
license holders on the campus of the institution or on premises |
|
|
located on the campus of the institution. The president or officer |
|
|
may not establish provisions that generally prohibit or have the |
|
|
effect of generally prohibiting license holders from carrying |
|
|
concealed handguns on the campus of the institution. The president |
|
|
or officer may amend the provisions as necessary for campus |
|
|
safety. The provisions take effect as determined by the president |
|
|
or officer unless subsequently amended by the board of regents or |
|
|
other governing board under Subsection (d-2).] The institution |
|
|
must give effective notice under Section 30.06, Penal Code, with |
|
|
respect to any portion of a premises on which license holders may |
|
|
not carry. |
|
|
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 that allows concealed handguns on campus under |
|
|
Section 411.2031, an officer or employee of an institution of |
|
|
higher education that allows concealed handguns on campus under |
|
|
Section 411.2031, a private or independent institution of higher |
|
|
education that allows concealed handguns on campus under Section |
|
|
411.2031 [has not adopted rules under Section 411.2031(e)], an |
|
|
officer or employee of a private or independent institution of |
|
|
higher education that allows concealed handguns on campus under |
|
|
Section 411.2031 [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 that |
|
|
allows concealed handguns on campus under Section 411.2031, an |
|
|
officer or employee of an institution of higher education that |
|
|
allows concealed handguns on campus under Section 411.2031, a |
|
|
private or independent institution of higher education that allows |
|
|
concealed handguns on campus under Section 411.2031 [has not |
|
|
adopted rules under Section 411.2031(e)], an officer or employee of |
|
|
a private or independent institution of higher education that |
|
|
allows concealed handguns on campus under Section 411.2031 [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 that allows concealed handguns on campus under |
|
|
Section 411.2031, an officer or employee of an institution of |
|
|
higher education that allows concealed handguns on campus under |
|
|
Section 411.2031, a private or independent institution of higher |
|
|
education that allows concealed handguns on campus under Section |
|
|
411.2031 [has not adopted rules under Section 411.2031(e)], an |
|
|
officer or employee of a private or independent institution of |
|
|
higher education that allows concealed handguns on campus under |
|
|
Section 411.2031 [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 411.2031(d-2), Government Code, is |
|
|
repealed. |
|
|
SECTION 4. 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 5. This Act takes effect September 1, 2025. |