Anchía Bill Lets Public Colleges Ban Campus Handgun Carry

The text as introduced · 941 words

By: Anchía
H.B. No. 4017

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of 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. Section 411.2031(e), Government Code, is amended

to read as follows:

(e) An institution of higher education or [ A ] private or

independent institution of higher education in this state, after

consulting with students, staff, and faculty of the institution,

may establish rules, regulations, or other provisions prohibiting

license holders from carrying handguns on the campus of the

institution, any grounds or building on which an activity sponsored

by the institution is being conducted, or a passenger

transportation vehicle owned by the institution.

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[ , 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 an institution of higher education or [ 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, 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

an institution of higher education or [ 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, 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 an institution of higher education or [ 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 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 46.03(a-3), Penal Code, is amended to

read as follows:

(a-3) Notwithstanding Subsection (a) or Section 46.02(a-5),

a license holder commits an offense if the license holder carries a

handgun on the campus of an institution of higher education or [ a ]

private or independent institution of higher education in this

state that has established rules, regulations, or other provisions

prohibiting license holders from carrying handguns pursuant to

Section 411.2031(e), Government Code, or on the grounds or building

on which an activity sponsored by such an institution is being

conducted, or in a passenger transportation vehicle of such an

institution, regardless of whether the handgun is concealed,

provided the institution gives effective notice under Section

30.06.

SECTION 4. Section 46.15(j), Penal Code, is amended to read

as follows:

(j) The provisions of Sections 46.02 and 46.03(a)(7),

(a-2), and (a-3) [ , and (a-4) ] do not apply to an individual who

carries a handgun as a participant in a historical reenactment

performed in accordance with the rules of the Texas Alcoholic

Beverage Commission.

SECTION 5. The following laws are repealed:

(1) Sections 411.2031(c), (d-1), (d-2), (d-3), and

(d-4), Government Code; and

(2) Section 46.03(a-4), Penal Code.

SECTION 6. 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 7. The change in law made by this Act applies 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 8. This Act takes effect September 1, 2025.