SB354 - Relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education.

  89R321 AJZ-D     By: Eckhardt, Gutierrez S.B. No. 354       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.