By: Fletcher, Flynn, Lavender, Burkett, Bell,	H.B. No. 972
	et al.

	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)  The president or other chief executive officer of an
	institution of higher education in this state, on behalf of the
	institution, and after consulting with law enforcement, 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. A written rule
	or regulation adopted under this subsection may remain in effect
	for not more than one year after the date of adoption and may be
	renewed, reenacted, or reenacted and amended by the institution
	only after consultation with students, staff, and faculty of the
	institution.
	(c)  An institution of higher education that does not adopt a
	rule or regulation under Subsection (b), or a private or
	independent institution of higher education that does not adopt a
	rule, regulation, or other provision or take any other action
	described by Section 46.03(j), Penal Code, 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 or other official mass
	gatherings that take place on grounds or buildings owned or leased
	and operated by the institution.
	(d)  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,
	Penal Code, prohibiting a student enrolled at that institution who
	holds a license to carry a concealed handgun under Subchapter H,
	Chapter 411, Government Code, from transporting or storing a
	handgun of the same category the student is licensed to carry or
	ammunition for that handgun in a locked, privately owned motor
	vehicle or a motor vehicle leased by or for the student:
	(1)  on a street or driveway located on the campus of
	the institution; or
	(2)  in a parking lot, parking garage, or other parking
	area located on the campus of the institution.
	(e)  This section does not permit a person to possess a
	concealed handgun, or go with a concealed handgun, on the premises
	maintained or operated by an institution of higher education that
	is used for the operation of a national biocontainment laboratory,
	if the institution gives effective 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),
	(l), (m), and (n) 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
	or private or independent 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 a private or
	independent institution of higher education from adopting a rule,
	regulation, or other provision or from taking any other action to
	prohibit 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.
	(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 or private or independent 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 or private or independent institution of higher education
	if the institution gives notice under Section 30.06.
	(m)  It is an exception to the application of Subsection
	(a)(1) that the actor possessed a firearm or club while traveling to
	or from the actor's place of assignment or in the actual discharge
	of the actor's duties as a security officer if:
	(1)  the actor holds a security officer commission
	issued by the Texas Private Security Board;
	(2)  the actor is wearing a distinctive uniform; and
	(3)  the firearm or club is in plain view.
	(n)  Subsection (a)(1)(B) does not permit a person to possess
	a concealed handgun, or go with a concealed handgun, on the premises
	maintained or operated by an institution of higher education that
	is used for the operation of a national biocontainment laboratory,
	if the institution gives notice under Section 30.06.
	SECTION 4.  Section 46.035, Penal Code, is amended by adding
	Subsection (l) to read as follows:
	(l)  Subsection (b)(2) does not apply on premises owned or
	leased and operated by an institution of higher education or
	private or independent 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.  Section 46.03, Penal Code, as amended by this
	Act, and Section 46.035(l), Penal Code, as added 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.