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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of handguns on the campuses of and certain |
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other locations associated with institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.2031(e), Government Code, is amended |
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to read as follows: |
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(e) An institution of higher education or [A] private or |
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independent institution of higher education in this state, after |
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consulting with students, staff, and faculty of the institution, |
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may establish rules, regulations, or other provisions prohibiting |
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license holders from carrying handguns on the campus of the |
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institution, any grounds or building on which an activity sponsored |
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by the institution is being conducted, or a passenger |
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transportation vehicle owned by the institution. |
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SECTION 2. Sections 411.208(a), (b), and (d), Government |
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Code, are amended to read as follows: |
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(a) A court may not hold the state, an agency or subdivision |
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of the state, an officer or employee of the state, an institution of |
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higher education [, an officer] or [employee of an institution of
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higher education, a] private or independent institution of higher |
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education that has not adopted rules under Section 411.2031(e), an |
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officer or employee of an institution of higher education or [a] |
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private or independent institution of higher education that has not |
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adopted rules under Section 411.2031(e), a peace officer, or a |
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qualified handgun instructor liable for damages caused by: |
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(1) an action authorized under this subchapter or a |
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failure to perform a duty imposed by this subchapter; or |
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(2) the actions of an applicant or license holder that |
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occur after the applicant has received a license or been denied a |
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license under this subchapter. |
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(b) A cause of action in damages may not be brought against |
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the state, an agency or subdivision of the state, an officer or |
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employee of the state, an institution of higher education[, an
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officer] or [employee of an institution of higher education, a] |
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private or independent institution of higher education that has not |
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adopted rules under Section 411.2031(e), an officer or employee of |
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an institution of higher education or [a] private or independent |
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institution of higher education that has not adopted rules under |
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Section 411.2031(e), a peace officer, or a qualified handgun |
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instructor for any damage caused by the actions of an applicant or |
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license holder under this subchapter. |
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(d) The immunities granted under Subsections (a), (b), and |
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(c) do not apply to: |
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(1) an act or a failure to act by the state, an agency |
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or subdivision of the state, an officer of the state, an institution |
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of higher education[, an officer] or [employee of an institution of
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higher education, a] private or independent institution of higher |
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education that has not adopted rules under Section 411.2031(e), an |
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officer or employee of an institution of higher education or [a] |
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private or independent institution of higher education that has not |
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adopted rules under Section 411.2031(e), or a peace officer if the |
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act or failure to act was capricious or arbitrary; or |
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(2) any officer or employee of an institution of |
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higher education or private or independent institution of higher |
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education described by Subdivision (1) who possesses a handgun on |
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the campus of that institution and whose conduct with regard to the |
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handgun is made the basis of a claim for personal injury or property |
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damage. |
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SECTION 3. Section 46.035(a-2), Penal Code, is amended to |
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read as follows: |
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(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a |
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license holder commits an offense if the license holder carries a |
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handgun on the campus of an institution of higher education or [a] |
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private or independent institution of higher education in this |
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state that has established rules, regulations, or other provisions |
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prohibiting license holders from carrying handguns pursuant to |
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Section 411.2031(e), Government Code, or on the grounds or building |
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on which an activity sponsored by such an institution is being |
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conducted, or in a passenger transportation vehicle of such an |
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institution, regardless of whether the handgun is concealed, |
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provided the institution gives effective notice under Section |
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30.06. |
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SECTION 4. Section 46.035(g), Penal Code, as amended by |
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Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted and amended to |
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read as follows: |
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(g) An offense under this section [(a-1), (a-2), (a-3),] is |
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a Class A misdemeanor, unless the offense is committed under |
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Subsection (b)(1) or (b)(3), in which event the offense is a felony |
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of the third degree. |
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SECTION 5. Sections 46.035(h) and (j), Penal Code, as |
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amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the |
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84th Legislature, Regular Session, 2015, are reenacted and amended |
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to read as follows: |
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(h) It is a defense to prosecution under Subsection (a), |
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(a-1), or (a-2)[, or (a-3)] that the actor, at the time of the |
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commission of the offense, displayed the handgun under |
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circumstances in which the actor would have been justified in the |
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use of force or deadly force under Chapter 9. |
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(j) Subsections (a), (a-1), (a-2), [(a-3),] and (b)(1) do |
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not apply to a historical reenactment performed in compliance with |
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the rules of the Texas Alcoholic Beverage Commission. |
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SECTION 6. The following laws are repealed: |
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(1) Sections 411.2031(c), (d-1), (d-2), (d-3), and |
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(d-4), Government Code; and |
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(2) Section 46.035(a-3), Penal Code. |
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SECTION 7. Section 411.208, Government Code, as amended by |
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this Act, applies only to a cause of action that accrues on or after |
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the effective date of this Act. A cause of action that accrues |
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before the effective date of this Act is governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 8. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 9. This Act takes effect September 1, 2017. |