Campus Carry and SB 273

[casp625]

Was reading the following thread, which talks about how Texas A&M is considering campus carry, see here. They made an interesting statement and was wondering if there is any legal weight here. Can SB 273 be applied to public universities and/or would the AG investigate any complaints, thoughts?

•The changes enacted by Senate Bill 273 (Wrongful Exclusion of Concealed Handgun License Holder) are effective September 1, 2015. SB 273 permits the state to fine Texas A&M University if it attempts, by utilizing a Penal Code 30.06 notice, to prohibit a concealed handgun license holder from carrying a concealed handgun in a place not prohibited by sections 46.03 or 46.035 of the Penal Code. In other words, unless existing state law prohibits carrying a concealed handgun in a location, a state agency cannot bar carrying a concealed handgun at the location. The fine can be $1,500 per day for the first offense, and can be as high as $10,500 per day for a second or subsequent offense.

15. Can I personally make a rule that someone who has a license to carry a handgun cannot carry it into my office, classroom, or laboratory?
No. Effective August 1, 2016, concealed carry is allowed on university campuses, including all offices, classrooms, and laboratories by anyone holding a valid handgun license, unless carrying a handgun is prohibited by state law, federal law, or university rules. SB 273 prohibits the university and its employees from imposing restrictions greater than those imposed by law. Violations of SB 273 can result in a fine to the university as high as $10,500 per day.

[Charles L. Cotton]

SB273 would apply to any public college that posted 30.06 signs on real estate rather than buildings. Since the scope of authority granted to public college administrators pursuant to SB11 is not narrowly defined, I do not see any application of SB273 to buildings and athletic facilities that are posted with 30.06 signs.

I agree that no professor can individually elect to ban handguns. SB11 gives that authority to the president or CEO, with review authority by the board of regents.

Chas.

[casp625]

SB273 would apply to any public college that posted 30.06 signs on real estate rather than buildings. Since the scope of authority granted to public college administrators pursuant to SB11 is not narrowly defined, I do not see any application of SB273 to buildings and athletic facilities that are posted with 30.06 signs.

I agree that no professor can individually elect to ban handguns. SB11 gives that authority to the president or CEO, with review authority by the board of regents.

Chas.

I see, that makes sense. Now, how would one determine if a sign was legally posted versus made by an upset professor? Are campuses required to notify it's students/faculty which areas they are posting 30.06 signs, such as in a handbook or newsletter ? Or would one simply make an inquiry about it to the proper administrative official to see if it was valid?

SB11 may have a direct impact on me when it takes effect. I will be graduating with my bachelor this summer and may pursue my masters shortly afterwards here at a university here in Texas.

[Charles L. Cotton]

Now, how would one determine if a sign was legally posted versus made by an upset professor? Are campuses required to notify it's students/faculty which areas they are posting 30.06 signs, such as in a handbook or newsletter ?

Yes, public colleges must widely distribute their rules, including disclosure on their websites. They must also list them in the reports they must file with the Legislature no later than Sept. 1st of even-number years.

Chas.