bill lets campuses vote to ban concealed handguns

The text as introduced · 1,118 words

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.