CONFERENCE COMMITTEE REPORT FORM

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CONFERENCE COMMITTEE REPORT FORM
Honorable Joe
of the
Sirs:
We, Your Conference Committee, a
House of Representatives
to
consideration, and
text hereto attached.
adjust the
between
have
it do
form
Note to Conference Committee Clerk:
Please type the names of the members of the Conference Committee under the lines provided for signature. Those
members desiring to sign the report should sign each of the six copies. Attach a copy of the Conference Committee
Report and a Section by Section side by side comparison to each of the six reporting forms. The original and two
copies are filed in house of origin of the bill, and three copies in the other house.
CONFERENCE
COMMITTEE REPORT
3rd
Printing
S.B. No.
11
A BILL TO BE ENTITLED
1
AN ACT
2
relat
3
o
4
prov
to t
carry
s on t
of
er locations associated w
a er
st
c
certain
es of
er
utions of h
at ion;
al penalty.
5
BE IT ENACTED BY THE LEGISLATURE OF THE S'I'ATE OF TEXAS:
6
SECTION 1.
7
ame
d by
ter H,
S
ter 411, Government Code,
411. 2031 to r
Sect
is
as follows:
8
9
10
( 1)
"Campus"
ans
all
(2 )
"Institution of hi
( 3)
"Pr
l
build
owned or
11
12
13
r e
cation" and
r
ate or
ed by
Sect on
14
15
16
17
46.035
P
ses"
mean
e.
18
19
20
21
22
23
24
4126 AJZ-D
1
ass
1
S • B · No.
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3
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5
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7
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9
10
11
1
13
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22
23
4
25
26
2
8
6 AJZ-D
2
11
S.B. No.
1
2
3
4
5
6
7
8
those of the
c ion
9
10
11
12
13
st
15
17
cont
at ion of thi
sect ion
:
19
20
21
22
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24
25
26
27
8
4126 AJZ-D
3
d-
.
11
S.B. No. 11
1
2
3
4
ution.
5
SECTION 2.
6
sect
7
read as follows:
8
(a)
9
of t
Section 411.208, Government Co
s
(a),
A court mav not
ld t
state, an officer or
sect
( d)
(b),
stat , an aoen
e of t
1
, is amended
or
s ate,
n (f) to
d
is ion
n of
10
11
12
13
14
a peace officer, or a
15
le for
1
(1)
f ai
1
an action aut
e to perform a
19
20
( 2)
occur
t
ter
y
state,
t
24
emolovee
of
an
ncy or
t
state,
ter or a
ter; or
d a license or been
~
d
s
ision of t
26
27
6 AJZ-D
sub
n ed a
ter.
25
4R34
structor
licant or license holder t
rece
A cause of act
( b)
er th
s
act ons of an
r this
23
rized
osed
licant
license
2
ied
s caused by:
17
18
1
4
not be br
t
state, an o ficer or
S.B. No.
11
1
a peace officer, or a
2
3
~
4
of an
ied
6
licant or license
(d)
5
( c)
The
not aoo
or
caused
lder
ter.
c
ities qranted
r
act ion
t
(b , and
sections (a),
to:
.ill
7
8
tructor for
an act or a failure to act by t
state, an aoenc
is ion of the stat e , an off ice r of the stat e ,
d
9
10
11
12
13
1
41
15
caor
or a peace officer
t
act
r f
e to
t was
ious or arbitrar
17
19
20
21
.
22
( f)
23
24
For
oses of this s
tion:
( 1)
"C
"
t
mean
(2 )
"Inst
ution of hi
i
Section
411.2031.
25
26
27
4
6
-D
5
at
r
r
S.B. No. 11
SECTION 3.
1
2
amen
d to re
(a)
3
e,
5
A person c
c~un,
6
e
8
act
9
co
10
e
11
on
cational
y
Code,
are
tran
t
,
whet
ut
lie or pr
(A)
at ion of the
or
tne
earm, ill
of
a
building
ortation
1
st
s
on
ol
or
i
an
ution is be
icle of a sc
s
ol
or
educat
ol or
al
e, unles :
pursuant to wr
st
ses
ational
r
1
Section 46.0S(a):
pr
a scnool or e
ent
es with a f
s
r
ion is
author
sical
or a passen
cati
t
the
onsored
ted,
Penal
the person
possesses or
ution,
12
13
s an offense
or prohibited weapon listed
( 1)
7
(c),
46.03(a)
as follows:
, or reckless
ow
4
Sections
ten reoulations or written
ut ion; or
14
15
16
17
18
19
0
21
22
(2)
on
pr
24
25
6
( 3)
utilized by t
wr
on the pr
(4)
2
4
6 AJZ-D
ses of
on th
pr
vernment court or off ices
suant to wr
court, unless
ten authorization of t
of an
proqress;
is
election or while ear
2
place on the
ses of a pol
cour
ses of a racetrack;
6
ten re
or
S.B. No. 11
1
(5 )
in or
2
( 6)
with
3
which is desi
4
place of exe
5
on a
6
des
a
ed pr
a weapon listed
go
(B)
11
( c)
1 Justic
1 Pr
of Cr
ath is set to be
weaoon
pr
a
a
osed
n th
ed notice t
w
h
ed; or
e tion was pr
poss ss
of
e
1,000 feet of the pr
h
1,000 feet oft
list d
ses was pr
er
this
it ed.
secti n:
In th
12
cation
pr
e person rece
r this
9
sctionw
of
artment of Cr
sentence of
(A)
10
feet
er Article 43 .19, Cod
ses
7
8
1,000
Texas
ion
ort; or
o a secured area of an a
( 1)
1
15
16
19
( 3)
e
bui
of persons
SE
20
21
22
S
S
the
II
mean
assioned
cti n
46.035.
17
18
"Pr
2
[
(h),
"Secured area" means an area of an airport
access is controlled by the
i
to
pr
erty
4.
Section 46.035, Penal Code, is
sections (a-1),
(g),
]
(j)
i
r federal law.
(a-2),
ore
(a-3),
( 1)
as follows:
23
24
25
26
27
84R34126 AcJZ-D
ection
7
arne
ed
se tions
S.B. No. 11
4
or
5
6
7
10
11
12
13
15
16
17
19
20
21
22
1 cens
s
an
offense
2
24
5
26
2
4126 AJZ-D
8
1
S.B. No.
11
2
(g)
3
An offens
er
4
(b), (c), (d), or (e) is a Class A
5
is committed
6
offense is a f el
7
(h)
er
a
h
off ens , di
10
t
11
force under
( j)
13
app
14
rules of
t
ee.
layed t
actor wou
12
ich
actor, at t
t
of t
ff n e
anor, unless
It is a defense to pr secution under Subs
8
9
s
a-1
-'--~--'~..:.-..~...;......o~~~-'-'-
n (b) (1) or (b (3),
sect
of
n (a),
sect
of t
ti n
(a)L
ssion
c
er circumstances
e been justif i
d
use of for
o
d
ter 9.
Subsections (a) _._...._
____ ____..................__
_,_,_
( b) ( 1) d
~~;......:...
to a historical reenactment performed in c
Texas Ale
li
Bever
liance
not
th th
Commission.
15
16
17
effect
SECTION 5.
19
add
Subd
is
Sect
46.035(f),
(1-a) to re
Penal
Co
is
ame
d by
as follows:
20
21
22
23
6.
SECT I
Section 411.208, Government Code,
24
this Act, applies on
25
the effect
26
before t
effect
27
effect
d
e
84R34126 AJZ-D
to a cause of action t
e of this Act.
e
e
e of t
A caus
before t
eI
9
accrues on or atter
t
n tnat accrues
erned by t
is Act is
t
ed b
law is cont
aw
d
S.B. No. 11
1
effect for t
2
o an offense c
An offense
c
rned
5
law
e
SE
3
4
ose.
t
ted on or
t
d bef re
the
e law
8
9
of
ION 8.
sect
(a)
, this Act t
(b)
execu
off
15
col le
16
to
17
S ction
re
c
is
tted,
purpo e.
For
ted before
th
offens
occurred
provisions under Sect
his Act, t
st
E
25
reoulations,
26
411. 2031, Government Co
( d)
6 AJZ-D
taKe
or
other
s Act
es not
or
o
r
chief
a public
d
junior
ed
by
ent
re
1),
or
this
o
Act.
ief
r
1 at ions ,
rnment Co
ed by
or
o t n er
, as
ed
1, 2016.
a
2016,
as
pr
f
as
ed
or
e
ed
author
ent
Section 61.
act ion necessary
provisions
, as
this
e any action necessary
pres
r u 1es ,
education,
r
24
Co
1,
than
as
the
411.2031(
Before
r
Code,
e eff ct
ion of hi
cation
o
11 t
11 e st ab 1 i
t
ent
or other provisions as requ
otner
off i c er
by
n of higher educ at ion, as def
Government
ing
provided
pres
2016,
ut
ions,
20
84R34
is Act
t 1, 2016.
section,
ex e cut
27
was
otherwise
cation Code,
E
19
(c)
as
1,
t
411.2031,
hst
t
ff ect for t
es effect
as def
Not
23
of
ff ense was c
element of
er of an inst
oot rules,
22
lies on
e date of th s Act.
date
e
off ens
Exe
Before
by Section 61.003,
21
an
Act
e.
1
13
effect
Act
t
bef o
effect
d
section,
f ective
10
11
is
r t
effect on t
and the former law is cont
pos s
th
to
ed
rules,
t
er
3'
Section
is Act.
to a
1
junior colle
, as
S.B. No. 11
1
def
ed by Sect
2
Not
3
execut
4
necessary
5
reau
6
Act. No
7
execut
8
provisions und r
9
by this Act,
1 ate r
t
n 61.003, Education Code, before
Au oust
1,
2017 ,
the
pr es id en t
officer of a public junior colle
to
opt
rules,
re
lations,
e
g
officer
or
o he
4126 ALJZ-D
other
e
est
li
rules,
effect
1, 2017.
11
re
ch
action
provisions
as
e
this
th
hief
other law, the president or
411.203l(d-l),
t
or
11 t
ed bv Sect on 411.2031, Government Code,
t
t 1, 2017.
lat ions,
or
rnment Code, as
o h r
ed
Senate Bill 11
VERSION
uv~.ua1:""'
H, Chapter 41 l, Government
Section 411.2031 to
as follows:
HOUSE VERSION
SECTION 1. Subchapter H,
411, Government Code,
"""'""''"' 41 l, Government Code,
1 to read as follows:
411.2031 to read as
Same as Senate version.
Same as Senate vP1«::u1...1
Same as
include a health-related institution ofhigher education listed
under Section 63.001(c), Education Code, or the Texas
The term does not include a health-related institution of
higher education listed under Section 63.001(c), Education
Code, or the Texas Medical Center.
Same as Senate version.
(b) Same as Senate version.
AssocHnea CCR Draft: 84R34126
1)]
Same as Senate version.
Same as Senate version.
15.149.721
Senate Bill 11
SENATE VERSION
HOUSE VERSION (IE)
as Senate
CONFERENCE
Same as Senate version.
No equivalent provision.
No equivalent provision.
CCR Draft: 84R34126
No equivalent provision.
2
15.149.721
Senate Bill 11
SENA TE VERSION
No equii'alent provision.
CONFERENCE
HOUSE VERSION
No equil•alent provision.
No equivalent provision.
committees of the legislature designated under Subsection (d-
implementation and continuation o(this section that:
(11 describes the speci{icallv identified portions of premises
of the institution on whiclt the carn•ing of concealed
handguns is prohibited under the rules, regulations, or other
provisionsi and
(l) describes its rules, regulations, or other provisions
regarding the carrring of concealed handguns on the
campus ofthe institution; and
of concealed handguns on those portions.
provisions.
No equivalent provision.
84R34126
Same as Senate version.
3
15.149.721
Senate Bill 11
SENATE VERSION
CONFERENCE
VERSION
No
EUlllllirue.ru
Same as Senate version.
m•nvi!'i:ion.
Same as Senate version.
No equivalent provision.
can
imposed on its
make
determination on this
Same as Senate version.
No equivalent provision.
[The
imposed on its
make
SECTION 2. Section 411.208, Government Code, is amended
amending
(b), and (d) and adding
Subsection (f) to
as
A court may not hold the state, an agency or subdivision
Associated CCR
84R34126
SECTION 2. Section 411
Government
is amended
by amending Subsections
and
and
~ulJse•ctlcm (t) to
as follows:
(a) A court may not hold the state, an agency or subdivision
4
committee may
but
can
SECTION 2. Same as Senate
15.149.721
Senate Bill 11
SENATE
HOUSE VERSION
CONFERENCE
to
that occur
a
( d) The immunities ,.,,..,..,,.,,,..
do not
5
15.149.721
Senate BUI 11
HOUSE
SENATE VERSION
failure to act was
Code, is
SECTION 3.
amending
(a) and (c) and adding "''""""""''"'"
and
to read as •v"'"""·
(a) A person commits an
if the person intentional
knowingly, or
possesses or goes with a ft,.,,,,..,..,,
illegal
weapon listed in
46.0S(a):
(1) on the
premises of a school or educational
institution, any grounds or building on which an
sponsored by a school or educational institution is
conducted, or a passenger transportation vehicle of a school or
educational
whether the school or educational
institution is public or private, unless~
pursuant to
or written authorization of
the institution; or
\ssoc1ated CCR
84R34126
CONFERENCE
or
SECTION 3. Section 46.03, Penal Code, is amended
Subsections
and
amending Subsections (a) and
and (k) to read as
nHAnc&> jf
(a) A person COluum"
knowingly, or
illegal knife, club,
in
SECTION 3. Same as Senate
as
on the
institution, any grounds or
on
an activity
sponsored by a school or educational institution is
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the
or educational
institution is public or
(A} pursuant to written regulations or written
the institution; or
(1)
6
15.149.721
Senate Bill 11
Conference Committee Report
SENATE VERSION
of an
election or while early
is m progress;
011 the premises of any
or
the court, unless pursuant to
.,,,..,n.,.,.., authorization of the court;
(4) on the premises a ..,,,,,,tt•<>f'l<
(5) in or into a secured area of an ,,.,.nA1-t·
(6) within 1,000
of
designated by the Texas
Criminal Justice as a
exe~cutwn under Article 43.19, Code of Criminal
Procedure, on a day that a sentence of death is set to
imposed on the designated
and
person
notice that:
going within 1,000 feet of the premises with a weapon
listed under this subsection was prohibited; or
(B)
a weapon listed
subsection within
1,000
of the"'"'''"'"""''"'"
(C) ln this O>\O\;L!Vl;l,
(1)
T'F>l''PH!Prl
meanings assigned by Section 61.003, Education Code.
"Premises" has the
Section 46.035.
"Secured area" means an area of an airport terminal
to
access is controlled by the inspection of
persons
under
law.
CCR Draft: 84R34126
written
(4) on the nr?'m'"'""
or into a secured area of an
or
(6) within 1,000 feet of premises the location of
is
""'~''ff'"'"''"' by the Texas Department of
Justice as a
place
execution under Article 43.
of
Procedure, on a day that a sentence of death is set to be
imposed on the designated premises and the person
notice
with a weapon
(A)
within 1,000
listed under
subsection was
(B) possessing a weapon
1,000 feet of the nrf'lmt<:•~"
(c) ln this section:
(1)
meanings assigned by Section 411.2031, Government Code.
(FA5(3)]
"Premises"
the '""""'L""' as~,1gr11;:u
ill[~] "Secured area" means an area of an
building to which access is controlled
the '"J"'~''"V"
persons and property under
law.
7
l 5.149.721
Senate Bill 11
SENATE VERSION
CONFERENCE
HOUSE VERSION
No "''"""'""'"" nirnv•L<;;lfJn_
No equivalent provision.
rnriforo¥1f'O
SECTION 4. Section
Penal
(g), (h), and G) and
amending
and
to read as follows:
SECTION 4. Section 46.035. Penal
amending Subsections
and
) and (l) to
as follows:
84R34126
SECTION 4. Section
and
Penal
is amended
and
and
to read as follows:
Same as Senate Ufi¥~·~~
1) Same as Senate
Associated CCR
committee may have exceeded the limitations
but
the
officer
8
15.
Senate Bill 11
VERSION
HOUSE VERSION
No equivalent provision.
SECTION6
Same as Senate
No equivalent provision.
Same as Senate version.
An offense under''""'"''"
is a Class A
under Subsection (b )( l) or
is a
of the third
11..
the offense is a
r""''" to prosecution under Subsection
at the time
the
of the offense,
under circumstances in which the actor
justified in the use of force or deadly force
not apply to a
with the rules
Associated CCR Draft: 84R34 l 26
which the actor would have been
9.
or
Subsections , - ,.~:.....:...u..i.;::-=~'-=-':::..u
to a historical reenactment ...,,,.,.+,.,.•.,.,..,~,fi
of the Texas Alcoholic KP,JPr~H:rt>
(j) Same as Senate version.
9
15.149.721
Senate BUI 11
SENA TE VERSION
HOUSE VERSION
CONFERENCE
Same as Senate
Same as Senate
SECTION 5.
is amended by
SECTION 5. Same as Senate version.
[FA5(4)]
am1en,11mcg Subsections
to read as follows:
Penal Code, is amended
and (j) and
No equivalent provision.
An
under Subsection (a),
is a Class A
unless the
under Subsection {b)(l) or (b)(3), in
is a felony of the third degree.
fiis::iui.;1au;:u
CCR Draft: 84R34126
(d), or
is committed
event the otte:nse
SECTION 4.
No eauivalent nrnul<:inn
Same as Senate version.
SECTION4
10
15.149.721
Senate Bill 11
CONFERENCE
HOUSE
SENA TE VERSION
It is a defense to prosecution
the
at the time
the
displayed the handgun under circumstances in which the actor
would have
in the use
or
under
No equivalent provision.
SECTION 4
not apply to a
with the
No equivalent provision.
SECTION 4
SECTIONS 6-7. Same as Senate
SECTIONS 7-8.
Ex:cept as provided by Subsection
this secti01i, this Act takes effect September 1, 2016.
{b)
September 1, 2016, an
of
education or
or
necessary
education may take any
or other
as authorized under "''"'''""'U
411.2031, Government
by this Act
CCR Draft: 84R34126
Except as otherwise
by this
section,
Act takes
August l, 2016.
Before August 1, 2016, the president or other
executive officer of an institution of
as
defined by Section 61.003, Education Code, other than a
public junior college as defined by that section, shall take
any action necessary to
or
as required by Section 411.2031, Government
as added
this Act. Notwithstanding any other law,
the president or other chief executive
shall establish
regulati01is, or other provisions under Section
411.2031(d-1), Government Code, as added by this
that
take effect August 1, 2016.
Before Aug11st 1, 2016, a private or independent
institution of higher education, as defined by Section 61.003,
Education Code, may take any action necessary to adopt
regulations, or other provisions as authorized under
Section 411.2031, Government Code, as added by tliis Act.
(d) Tliis Act does not apply to a
junior college, as
defined Section 61.003, Education Code, before August 1,
15.149.721
Senate Bill 11
SENATE VERSION
HOUSE VERSION
CONFERENCE
2017. Not later than August 1, 2017, the president or other
chief executive officer of a public junior college shall take
any action necessary to adopt
regulations, or other
provisions as required by Section 411.2031, Goi•ernment
Code, as added by this Act. Notwithstanding any other
the president or other chief executive officer shall establish
rules, regulations, or other provisions uruler Section
411.203/(d-l), Government Code, as added by this Act. that
take
August 1, 2017.
Associated CCR Draft: 84R34126
12
15.149.721
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
May 29, 2015
TO: Honorable Dan Patrick, Lieutenant
Honorable Joe Straus, .n."~'"'"""'
FROM:
IN RE: SBll by
locations
with institutions
Conference Committee Report
No significant fiscal implication to the State is anticipated.
The bill would amend the Government
a valid concealed handgun license
on tne adopted
establish rules governing the storage of
provides for a limitation on
It
save
would take effect September 1, 2015
Community Col
for
Local Government Impact
Local community
operations, security programs,
to accommodate the
Source Agencies:
cou
new costs
405 Department of Public
710 Texas A&M University System
Administrative and General Offices, 758 Texas State University System,
768 Texas Tech University System Administration, 783 University of
Houston System Administration, 720 The University of Texas System
Administration, 769 University of North Texas System Administration, 781
Page 1of2
Higher Education Coordinating Board
LBB Staff:
UP, ESi, GO, AG, Al, JAW, EH, LM,
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Certification of Compliance with
l Section 6(b), House Rules of Procedure
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