Bill Summary – FastDemocracy

      
            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
Statutes affected: 
Introduced: Government Code 411.2031, Government Code 411.2032, Government Code 411.208, Penal Code 46.03, Education Code 37.0815 (Government Code 411, Penal Code 46, Education Code 37)



	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 Statutes affected: Introduced: Government Code 411.2031, Government Code 411.2032, Government Code 411.208, Penal Code 46.03, Education Code 37.0815 (Government Code 411, Penal Code 46, Education Code 37)