HB4017 - Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education.

      By: Anchía H.B. No. 4017       A BILL TO BE ENTITLED   AN ACT   relating to the carrying of 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.  Section 411.2031(e), Government Code, is amended   to read as follows:          (e)   An institution of higher education or [ 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 the campus of the   institution, any grounds or building on which an activity sponsored   by the institution is being conducted, or a passenger   transportation vehicle owned by the institution.          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[ , 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 an institution of higher education or [ 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, 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   an institution of higher education or [ 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, 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 an institution of higher education or [ 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 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 46.03(a-3), Penal Code, is amended to   read as follows:          (a-3)  Notwithstanding Subsection (a) or Section 46.02(a-5),   a license holder commits an offense if the license holder carries a   handgun on the campus of an institution of higher education or [ a ]   private or independent institution of higher education in this   state that has established rules, regulations, or other provisions   prohibiting license holders from carrying handguns pursuant to   Section 411.2031(e), Government Code, or on the grounds or building   on which an activity sponsored by such an institution is being   conducted, or in a passenger transportation vehicle of such an   institution, regardless of whether the handgun is concealed,   provided the institution gives effective notice under Section   30.06.          SECTION 4.  Section 46.15(j), Penal Code, is amended to read   as follows:          (j)  The provisions of Sections 46.02 and 46.03(a)(7),   (a-2), and (a-3) [ , and (a-4) ] do not apply to an individual who   carries a handgun as a participant in a historical reenactment   performed in accordance with the rules of the Texas Alcoholic   Beverage Commission.          SECTION 5.  The following laws are repealed:                (1)  Sections 411.2031(c), (d-1), (d-2), (d-3), and   (d-4), Government Code; and                (2)  Section 46.03(a-4), Penal 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 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 7.  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 8.  This Act takes effect September 1, 2025.