83R21588 JSC-D
	By: Fletcher, Flynn, Lavender, Burkett, Bell,	H.B. No. 972
	et al.
	Substitute the following for H.B. No. 972:
	By:  Fletcher	C.S.H.B. No. 972

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of concealed handguns on the premises of
	and certain other locations associated with institutions of higher
	education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter H, Chapter 411, Government Code, is
	amended by adding Section 411.2031 to read as follows:
	Sec. 411.2031.  CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
	CERTAIN PREMISES OWNED OR LEASED BY INSTITUTION OF HIGHER
	EDUCATION. (a)  For purposes of this section:
	(1)  "Institution of higher education" and "private or
	independent institution of higher education" have the meanings
	assigned by Section 61.003, Education Code.
	(2)  "License holder" means a person to whom a license
	to carry a concealed handgun has been issued under this subchapter,
	including a nonresident license issued under Section 411.173(a).
	The term does not include a person to whom a license to carry a
	concealed handgun has been issued by another state, regardless of
	whether a license issued by that state is recognized pursuant to an
	agreement negotiated by the governor under Section 411.173(b).
	(3)  "Premises" has the meaning assigned by Section
	46.035, Penal Code.
	(b)  An institution of higher education in this state, after
	consulting with students, staff, and faculty of the institution,
	may adopt written rules or regulations prohibiting license holders
	from carrying handguns on premises owned or leased and operated by
	the institution, on any grounds or building owned or leased by the
	institution and on which an activity sponsored by the institution
	is being conducted, or on a passenger transportation vehicle of the
	institution.  An institution of higher education that adopts a rule
	or regulation under this subsection shall give notice of the rule or
	regulation by posting signs that meet the requirements for notice
	under Section 30.06, Penal Code.
	(c)  An institution of higher education that does not adopt a
	rule or regulation under Subsection (b) shall adopt written rules
	or regulations concerning:
	(1)  the storage of handguns in dormitories or other
	residential facilities that are owned or leased and operated by the
	institution; and
	(2)  the carrying of concealed handguns by license
	holders at collegiate sporting events that take place on grounds or
	buildings owned or leased and operated by the institution.
	(d)  A private or independent institution of higher
	education in this state, after consulting with students, staff, and
	faculty of the institution, may adopt written rules or regulations
	allowing license holders to carry handguns on premises owned or
	leased and operated by the institution, on any grounds or building
	owned or leased by the institution and on which an activity
	sponsored by the institution is being conducted, or on a passenger
	transportation vehicle of the institution.  An institution that
	adopts a rule or regulation under this subsection shall also adopt
	written rules or regulations described by Subsection (c).
	(e)  This section does not permit a person to possess a
	concealed handgun, or go with a concealed handgun, on the premises
	of a hospital maintained or operated by an institution of higher
	education if the hospital gives notice under Section 30.06, Penal
	Code.  In this subsection, "hospital" has the meaning assigned by
	Section 241.003, Health and Safety Code.
	(f)  This section does not permit a person to possess a
	concealed handgun, or go with a concealed handgun, on the premises
	of a preschool, elementary school, or secondary school that is
	located on the grounds or premises of an institution of higher
	education if the institution gives notice under Section 30.06,
	Penal Code.
	SECTION 2.  Section 411.208, Government Code, is amended by
	amending Subsections (a), (b), and (d) and adding Subsection (f) 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 or a private or independent institution of higher
	education, an officer or employee of an institution of higher
	education or a private or independent institution of higher
	education, 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 or a
	private or independent institution of higher education, an officer
	or employee of an institution of higher education or a private or
	independent institution of higher education, 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 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 or a private or independent
	institution of higher education, an officer or employee of an
	institution of higher education or a private or independent
	institution of higher education, or a peace officer if the act or
	failure to act was capricious or arbitrary.
	(f)  For purposes of this section, "institution of higher
	education" and "private or independent institution of higher
	education" have the meanings assigned by Section 61.003, Education
	Code.
	SECTION 3.  Section 46.03, Penal Code, is amended by
	amending Subsections (a) and (c) and adding Subsections (j), (k),
	and (l) to read as follows:
	(a)  A person commits an offense if the person intentionally,
	knowingly, or recklessly possesses or goes with a firearm, illegal
	knife, club, or prohibited weapon listed in Section 46.05(a):
	(1)  on the [physical] premises of a school or
	[educational] institution of higher education or private or
	independent institution of higher education, any grounds or
	building on which an activity sponsored by a school or
	[educational] institution of higher education or private or
	independent institution of higher education is being conducted, or
	a passenger transportation vehicle of a school or [educational]
	institution of higher education or private or independent
	institution of higher education, whether the school or
	[educational] institution is public or private, unless:
	(A)  pursuant to written rules or regulations or
	written authorization of the school or institution; or
	(B)  the person possesses or goes on premises
	owned or leased and operated by an institution of higher education,
	on any grounds or building owned or leased by the institution and on
	which an activity sponsored by the institution is being conducted,
	or on a passenger transportation vehicle of the institution with a
	concealed handgun that the person is licensed to carry pursuant to a
	license issued under Subchapter H, Chapter 411, Government Code;
	(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; or
	(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.
	(c)  In this section:
	(1)  "Institution of higher education" and "private or
	independent institution of higher education" have the meanings
	assigned by Section 61.003, Education Code.
	(2) [(1)]  "Premises" has the meaning assigned by
	Section 46.035.
	(3) [(2)]  "Secured area" means an area of an airport
	terminal building to which access is controlled by the inspection
	of persons and property under federal law.
	(j)  Subsection (a)(1)(B) does not preclude an institution
	of higher education from adopting written rules or regulations
	prohibiting license holders from carrying handguns under Section
	411.2031(b), Government Code.
	(k)  Subsection (a)(1)(B) does not permit a person to possess
	a concealed handgun, or go with a concealed handgun, on the premises
	of a hospital maintained or operated by an institution of higher
	education if the hospital gives notice under Section 30.06. In this
	subsection, "hospital" has the meaning assigned by Section 241.003,
	Health and Safety Code.
	(l)  Subsection (a)(1)(B) does not permit a person to possess
	a concealed handgun, or go with a concealed handgun, on the premises
	of a preschool, elementary school, or secondary school that is
	located on the grounds or premises of an institution of higher
	education if the institution gives notice under Section 30.06.
	SECTION 4.  Section 46.035, Penal Code, is amended by
	amending Subsections (b) and (i) and adding Subsection (l) to read
	as follows:
	(b)  A license holder commits an offense if the license
	holder intentionally, knowingly, or recklessly carries a handgun
	under the authority of Subchapter H, Chapter 411, Government Code,
	regardless of whether the handgun is concealed, on or about the
	license holder's person:
	(1)  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;
	(2)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the license holder is a participant in the event and a
	handgun is used in the event;
	(3)  on the premises of a correctional facility;
	(4)  on the premises of a hospital licensed under
	Chapter 241, Health and Safety Code, or on the premises of a nursing
	home licensed under Chapter 242, Health and Safety Code, unless the
	license holder has written authorization of the hospital or nursing
	home administration, as appropriate;
	(5)  in an amusement park; [or]
	(6)  on the premises of a church, synagogue, or other
	established place of religious worship; or
	(7)  in violation of rules adopted under Section
	411.2031(b), Government Code, by an institution of higher
	education, as defined by Section 61.003, Education Code, on
	premises owned or leased and operated by the institution, on any
	grounds or building owned or leased by the institution and on which
	an activity sponsored by the institution is being conducted, or on a
	passenger transportation vehicle of the institution.
	(i)  Subsections (b)(4), (b)(5), (b)(6), (b)(7), and (c) do
	not apply if the actor was not given effective notice under Section
	30.06.
	(l)  Subsection (b)(2) does not apply on premises owned or
	leased and operated by an institution of higher education as
	defined by Section 61.003, Education Code, where a collegiate
	sporting event sponsored by the institution is taking place unless
	the actor is given notice under Section 30.06.
	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 accrued
	before the effective date of this Act is governed by the law in
	effect immediately before the effective date of this Act, and the
	former law is continued in effect for that purpose.
	SECTION 6.  Sections 46.03 and 46.035, Penal Code, as
	amended by this Act, apply 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 January 1, 2014.