SB83 - Relating to the carrying of concealed handguns by handgun license holders on the campus of a school district or open-enrollment charter school.

  89R2440 MEW-F     By: Hall S.B. No. 83       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 premises of a school or postsecondary   educational institution, on any grounds or building owned by and   under the control of a school or postsecondary educational   institution and on which an activity sponsored by the school or   institution is being conducted, or in a passenger transportation   vehicle of a school or postsecondary educational institution,   whether the school or postsecondary educational institution is   public or private, unless:                      (A)  pursuant to written regulations or written   authorization of the school or 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, or  postsecondary educational   institution, on any grounds or building owned by and under the   control of the district, school, or  institution and on which an   activity sponsored by the district, school, or  institution is being   conducted, or in a passenger transportation vehicle of the   district, school, or  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 license [Text truncated for display. 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