Pre-Filing Has Begun

[Renegade]

Session starts 01/11.

Campus Carry is HB86.

 

[Azurlia]

This is a good bill. Let's try to get it passed...

 

[Texan2]

I have a new rep. Went from having a Dem to a Repub...since this is his first foray as a State Rep I am gonna fire him off a letter about HB86 and see what kind of response I get.

 

[Bithabus]

Here's the text:

82R1229 JSC-D




By: Simpson H.B. No. 86




A BILL TO BE ENTITLED
AN ACT
relating to the carrying of concealed handguns on the campuses of institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.2031 to read as follows:
Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON CERTAIN CAMPUSES. (a) For purposes of this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(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 an institution of higher education or private or independent institution of higher education in this state.
(c) An institution of higher education or private or independent institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution.
(d) An institution of higher education or private or independent institution of higher education in this state may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories or other residential buildings that are owned or operated by the institution and located on the campus of the institution.
SECTION 2. Section 411.208, Government Code, is amended by amending Subsections (a), (b), and (d) and adding Subsection (f) 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 or a private or independent institution of higher education, an officer or employee of an institution of higher education or a private or independent institution of higher education, a peace officer, or a qualified handgun instructor 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 or a private or independent institution of higher education, an officer or employee of an institution of higher education or a private or independent institution of higher education, a peace officer, or a qualified handgun instructor 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 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 or a private or independent institution of higher education, an officer or employee of an institution of higher education or a private or independent institution of higher education, or a peace officer if the act or failure to act was capricious or arbitrary.
(f) For purposes of this section, "institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 411.2031.
SECTION 3. Sections 46.03(a) and (c), 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, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:
(A) pursuant to written regulations or written authorization of the institution; or
(B) the person possesses or goes on the physical premises of an institution of higher education or private or independent institution of higher education, or on any grounds or building on which an activity sponsored by the institution is being conducted, with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code;
(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; or
(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.
(c) In this section:
(1) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.
(2) [(1)] "Premises" has the meaning assigned by Section 46.035.
(3) [(2)] "Secured area" means an area of an airport terminal building to which access is controlled by the inspection of persons and property under federal law.
SECTION 4. Section 46.035, Penal Code, is amended by adding Subsection (l) to read as follows:
(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06.
SECTION 5. Section 46.11(c)(1), Penal Code, is amended to read as follows:
(1) "Premises" has the meaning ["Institution of higher education" and "premises" have the meanings] assigned by Section 481.134, Health and Safety 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 accrued before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 7. Sections 46.03(a) and (c), Penal Code, as amended by this Act, and Section 46.035(l), Penal Code, as added by this Act, apply 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 covered by the law in effect when 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, 2011.

 

[KAK]

Its great that this one includes private schools too.

 

[Bithabus]

I'd prefer an exception to 46.03 but this is a start.

Edit: the clause preventing a college from using policy against lawful gun carriers is very cool.

 

[London]

TexasCop2-

I sent an email last time this was trying to get passed letting him know how much I appreciated his work and got a personal email back. I actually sent another a few days ago asking what happened with the old Campus Carry bill and have yet to receive a response. Seems like Mr. Wentworth is busy these days. Let's hope this passes. If not, I have a few ideas about how to legally circumvent this dangerous law which I will propose here later.

 

[Bithabus]

If it gets to the floor it will pass. With far fewer Democrats to eat up time I have high hopes.

 

[Renegade]

If it gets to the floor it will pass. With far fewer Democrats to eat up time I have high hopes.

Agreed. This session is going to be full of win for gun owners. It is too bad the OC crowd did not get their act together in time for this session.

 

[Kyreb]

What happened to reintroducing the parking lot protection bill? I thought that was to be the main thrust for TSRA this year.

 

[Bithabus]

Bills have also been submitted to add being en route or in a watercraft as an 46.02 exception, prohibit Federal regulation of intrastate firearms and accessories, and create a tax free weekend for guns and ammo.

 

[SiscoKid]

I believe that both the Campus Carry and the Parking Lot Protection is both going to be introduced, again.

Hope they do it early. I see where we are also going to introduce the Voter ID bill again. Democrats will fight that to the death, I just don't know why. Could it be that they have some ulterior motive?

However, with 99 Repugs now, we should be able to pass just about any "good" bill and tell the democrats to "go sit in the back of the room".

 

[jsimmons]

Agreed. This session is going to be full of win for gun owners. It is too bad the OC crowd did not get their act together in time for this session.

The "open carry" crowd isn't getting any support from TSRA or NRA. So much for *real* gun reform in Texas...

 

[Renegade]

The "open carry" crowd isn't getting any support from TSRA or NRA. So much for *real* gun reform in Texas...

NRA generally does not lobby at the state level.

TSRA does the heavy lifting. Folks need to join TSRA and make it an issue, just like was done 20 years ago to get CHL.

 

[London]

prohibit Federal regulation of intrastate firearms and accessories

I was under the impression that this is already legal. How do intrastate gun sales fall under jurisdiction of the ATF?

 

[Bithabus]

I was under the impression that this is already legal. How do intrastate gun sales fall under jurisdiction of the ATF?

The bill would "prohibit" federal regulation of guns, ammo, and accessories that are made in Texas, since these things do not engage in interstate commerce.

Now you need an FFL to deal in them, and you have fill out a 4473 to buy them new, for starters. I see the bill as Texas officially giving the JBTs the finger.

 

[TexasFats]

The "open carry" crowd isn't getting any support from TSRA or NRA. So much for *real* gun reform in Texas...

I think that the TSRA and NRA are being realistic about what they can get. Demanding "Open carry or nothing" will probably get us nothing. And, what good will open carry do if our colleges remain unarmed victim zones, open to every rapist, robber, and nutjob who wants easy prey? Also, what good will open carry do the folks who will get fired for having the piece in their car. My take is that open carry will benefit fewer people than the other two.

 

[CabbitOne]

.

 

[KAK]

I think that the TSRA and NRA are being realistic about what they can get. Demanding "Open carry or nothing" will probably get us nothing. And, what good will open carry do if our colleges remain unarmed victim zones, open to every rapist, robber, and nutjob who wants easy prey? Also, what good will open carry do the folks who will get fired for having the piece in their car. My take is that open carry will benefit fewer people than the other two.

No one is demanding anything, the LSCDL is going to push a bill through the same way the rest of these bills are pushed. With a legislative sponsor and a strong backing. Open Carry should be EASSSSSSY because 42 states are proof that it doesn't alarm anyone.

 

[Cliffh]

No one is demanding anything, the LSCDL is going to push a bill through the same way the rest of these bills are pushed. With a legislative sponsor and a strong backing. Open Carry should be EASSSSSSY because 42 states are proof that it doesn't alarm anyone.

Unfortunately OC does alarm some people, even gun owners. On the other hand, OC in and of itself doesn't harm anyone. That point is what some people seem to overlook.