Hall School Handgun Bill Also Shields Districts From Damage Suits

The text as introduced · 2,076 words

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 licensed under

Chapter 241, Health and Safety Code, or on the premises of a nursing

facility licensed under Chapter 242, Health and Safety Code, unless

the person has written authorization of the hospital or nursing

facility administration, as appropriate;

(12) on the premises of a mental hospital, as defined

by Section 571.003, Health and Safety Code, unless the person has

written authorization of the mental hospital administration;

(13) in an amusement park; or

(14) in the room or rooms where a meeting of a

governmental entity is held, if the meeting is an open meeting

subject to Chapter 551, Government Code, and if the entity provided

notice as required by that chapter.

(a-2) Notwithstanding Section 46.02(a-5), a license holder

commits an offense if the license holder carries a partially or

wholly visible handgun, regardless of whether the handgun is

holstered, on or about the license holder's person under the

authority of Subchapter H, Chapter 411, Government Code, and

intentionally or knowingly displays the handgun in plain view of

another person:

(1) on the premises of a school district,

open-enrollment charter school, [ an ] institution of higher

education , or private or independent institution of higher

education; or

(2) on any public or private driveway, street,

sidewalk or walkway, parking lot, parking garage, or other parking

area of a school district, open-enrollment charter school, [ an ]

institution of higher education , or private or independent

institution of higher education.

SECTION 9. Section 46.03(c), Penal Code, is amended by

amending Subdivision (3-a) and adding Subdivisions (3-b) and (4-b)

to read as follows:

(3-a) "Open-enrollment charter school" means a school

that has been granted a charter under Subchapter D, Chapter 12,

Education Code.

(3-b) "Postsecondary educational institution" means

an institution of higher education or a private or independent

institution of higher education.

(4-b) "School district" means any public school

district in this state.

SECTION 10. Section 37.0815, Education Code, is repealed.

SECTION 11. 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 12. 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 13. This Act takes effect September 1, 2025.