TexasCHLforum.com

JKTex wrote:

tbrown wrote:Can this be fixed in the house to apply to all college campuses?

No, and you don't want it too. Unless I'm wrong, private schools aren't prohibited by law now; they can allow or prohibit as any private business but unfortunately, I think most choose prohibit currently. However, I think there is a liability issue that encourages private school to prohibit carry. That may be part of the campus carry bill that clears the path for them to lift the prohibition.

We do not want the State to start dictating private property rights.

Aside from what's good and bad and right and not right, I don't think the state can dictate such a thing for private property anyway. I also believe 30.06 was to address just that and make it easier for private businesses. A school is different as students aren't the general public, similar to an employee/employer.

tbrown wrote:Can this be fixed in the house to apply to all college campuses?

srothstein wrote:I agree. From the referenced definitions it would appear that nothing in the bill applies to private colleges or universities. While they have the ability to opt in, as they do under the current law, they are off limits if they just do nothing. This is something we need to work on in two years - unless the decriminalization bill passes also.

But, while I support this bill and think it is an improvement overall, I do want to point out that it answers a question that might not be answered how we want. Right now, schools is not a defined term. A school hospital (say UTHSC) may be a hospital or it may be a school and we cannot tell from the law. If you were caught carrying there right now, you could make a good argument that it was not illegal unless they posted a 30.06 sign. This bill pretty much eliminates that gray area and makes it black. To be included the way it is written, the hospital IS part of the school and carry is expressly not allowed there.

I just wanted others to think about this and see if they agree with me. It kind of comes under the heading of every silver lining has a cloud.

terryg wrote:As an employee of a private university, I was very excited at the thought that this could include private schools as well. But as I dug into it, I came to the same conclusion as hirundo82.

It seems to be specifically referencing the entities described in (8). But, like SC1903A3, I can not make since of the final reference "or
other agency of higher education as defined in this section".

(6) "Other agency of higher education" means The University of Texas System, System Administration; Texas Western University Museum; Texas A & M University System, Administrative and General Offices; Texas Agricultural Experiment Station; Texas Agricultural Extension Service; Rodent and Predatory Animal Control Service (a part of the Texas Agricultural Extension Service); Texas Engineering Experiment Station (including the Texas Transportation Institute); Texas Engineering Extension Service; Texas Forest Service; Texas Tech University Museum; Texas State University System, System Administration; Sam Houston Memorial Museum; Panhandle-Plains Historical Museum; Cotton Research Committee of Texas; Water Resources Institute of Texas; Texas Veterinary Medical Diagnostic Laboratory; and any other unit, division, institution, or agency which shall be so designated by statute or which may be established to operate as a component part of any public senior college or university, or which may be so classified as provided in this chapter.

SC1903A3 wrote:What about the part I've put in bold which would tie into section 15?

(8) "Institution of higher education" means any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in this section.

SC1903A3 wrote:
Your forgetting to read this part of 61.03

(15) "Private or independent institution of higher education" includes only a private or independent college or university that is:(A) organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes);(B) exempt from taxation under Article VIII, Section 2, of the Texas Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501); and(C) accredited by:(i) the Commission on Colleges of the Southern Association of Colleges and Schools;(ii) the Liaison Committee on Medical Education; or(iii) the American Bar Association.

As this recognizes private institutions under 61.03 I believe it would include private universities and as Senator Wentworth's revised bill removed the opt out private universities would be forced to allow concealed carry on their campuses. By the way, I work for one of these private institutions which qualifies under this section.