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. 2 3 4 5 6 7 8 9 10 11 1 13 14 15 17 19 20 21 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 23 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, Page 2of2 JPo Certification of Compliance with l Section 6(b), House Rules of Procedure