SB354: College carry

[Bithabus]

Today Senate Bill 354 was filed, co-authored by 14 Senators, to allow CHL carry on the premises of Colleges and Universities. As Renegade mentioned in a previous thread a similar bill has already been filed in the House. Text will be available tomorrow.

 

[San Antone RR]

Let's hope the support to get them passed comes out.

 

[KAK]

Just curious why they would file 2 bills so similar. If this passes, when will it take effect?

 

[matefrio]

Just curious why they would file 2 bills so similar. If this passes, when will it take effect?

This is the fastest way. No ping ponging the bill between the two.

Sent from my Liberty using Tapatalk

 

[txinvestigator]

Laws like this usually become effective on Sept 1 of that year.

 

[SiscoKid]

I sure hope this gets done, to me this is a very important bill. Naturally the anti-gunners will whine, cry, whizz, and moan that there will be "blood running through the campuses".

It's no different whatsoever in a LEGAL, Law Abiding, Certified CCW holder carrying into the local Walmart. He/she or the Professors will be able to take the proper training, and be packing as they sit in the classrooms contemplating Calculus.

My opinion is there will probably not be more than 10-20 on the average carrying out of the thousands of students on a big campus. But, and it's a BIG but, the whackos will not know just who may or may not be carrying. The little wheels in their perverted mind will have to consider the possibility that they could be stopped before they carry out the massacre they have planned on their way OUT of this world.

 

[KAK]

Laws like this usually become effective on Sept 1 of that year.

Woh!! I might get to carry to class most of my senior year.

When it passes im gonna buy myself one of these backpacks.

 

[tussery]

Quite frankly in a way a College is a business and they still have the right to put 30.06's on all their buildings IMO.

 

[espnazi]

I believe this only applies to state colleges universities and not private schools. So no they are not like a buisness since a great portion gets funded by the .gov and ultimately the taxpayer.

 

[Bithabus]

I believe this only applies to state colleges universities and not private schools. So no they are not like a buisness since a great portion gets funded by the .gov and ultimately the taxpayer.

The House bill applies to both public and private. I haven't read the Senate version yet but I suspect it is the same. A college would not be able to put up a legally enforceable 30.06 if the bill passes as the current House version.

 

[San Antone RR]

Sounds like the House bill was written so as to have some balls. I like that there isn't room for BS ambiguity.

 

[KAK]

Sounds like the House bill was written so as to have some balls. I like that there isn't room for BS ambiguity.

And it should be, what is the point if schools could just circle jerk around with 30.06 and whatever other loopholes they can find.

 

[tdwhite03]

I for one hope this passes and comes out of commitee with some of the original intent left in the bill. As a 45 year old guy that is back in school here in San Antonio I would not hesitate to carry if the law allowed. Just look at all the recent criminal activity around the local community colleges in the past 6 months. San Antonio College had a guy robbing students on the grounds and parking lots at gun point. The St Philips bookstore was robbed at gun point last year. So far we have not had a shooting on a local campus, but it is only a matter of time.

 

[KAK]

Yeah hopefully we can last till september. I pray that nothing stupid happens until people can legally defend themselves.

 

[KAK]

...

 

[Bithabus]

Well the Senate version has the balls cut off. Private Colleges could still ban guns.






By:Wentworth, et al. S.B.No.354




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:
SECTION1.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)Except as provided by Subsection (e), 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.
(e)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 premises that are owned or operated by the institution and located on the campus of the institution. For purposes of this subsection, "premises" has the meaning assigned by Section 46.035, Penal Code.
SECTION2.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.
SECTION3.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.
SECTION4.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.
SECTION5.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.
SECTION6.Section 411.208, Government Code, as amended by this Act, applies only to a cause of action that accrues on or after September 1, 2012. A cause of action that accrued before that date is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.
SECTION7.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 September 1, 2012. An offense committed before September 1, 2012, is governed 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 September 1, 2012, if any element of the offense occurred before that date.
SECTION8.This Act takes effect September 1, 2011.

 

[txinvestigator]

Yeah hopefully we can last till september. I pray that nothing stupid happens until people can legally defend themselves.

This bill has nothing to do with being able to lawfully defend yourself.

 

[KAK]

Well the Senate version has the balls cut off. Private Colleges could still ban guns.

So which one will likely be passed? I go to a private school so this is crucial.

 

[KAK]

This bill has nothing to do with being able to lawfully defend yourself.

Sorry on a CAMPUS with a concealed HANDGUN! Clear things up?

 

[Bithabus]

So which one will likely be passed? I go to a private school so this is crucial.

I'm not knowledgeable enough to speculate. We can hope that the Senate would capitulate to the House version. Note that under the Senate version your school would have to specifically ban guns with policy or put up 30.06 to prevent you from carrying.