Â鶹AV

Concealed Handgun Policy

I.   Statement of Purpose:

Â鶹AV, a component of the Texas State University System, hereby establishes the Concealed Handgun Policy pursuant to Senate Bill 11 (also known as “Campus Carry”) [84th Texas Legislature].

 

II.   Scope:

This policy applies to all students, employees, and visitors licensed to carry a handgun under Texas law on the Â鶹AV campus or premises.

 

III.   Definitions

  • About the Person: A license holder may carry a handgun in a manner such that it must be close enough to the license holder that he or she can grasp it without materially changing position.
  • Athletic Event: An athletic event taking place between or among different high school, collegiate, and professional teams or university-sponsored sporting clubs.
  • Board of Regents: The ten member Board of Regents for The Texas State University System.
  • Campus: All land and buildings owned or leased by Â鶹AV [Texas Government Code §411.2031(a)(1)]
  • Concealed Handgun: A handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
  • Handgun: Any firearm designed, made, or adapted to be fired with one hand. [Texas Penal Code, § 46.01]
  • License Holder: A person licensed to carry a handgun under Texas law. [Texas Government Code, Ch. 411, Subchapter H]
  • Premises: A building or portion of a building owned or leased by Â鶹AV. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area. [Texas Penal Code §46.035(f)(3)]
  • Texas Academy of Leadership in the Humanities: A residential honors program on the campus of Â鶹AV for gifted and talented Texas high-school aged students.

 

IV.   Policy Statement:

Â鶹AV is committed to maintaining a welcoming and safe educational environment for students, employees, and visitors and adopts this policy in compliance with Senate Bill 11 (84th Texas Legislature) which authorizes license holders to possess concealed handguns on university campuses or premises.

Effective August 1, 2016, a license holder may carry a concealed handgun on or about the license holder’s person while on Â鶹AV’s campus, except in areas specifically restricted by this policy and law.  The “open carry” of handguns on Â鶹AV’s campus or premises is against the law.

 

V.   Places and Events Where Concealed Handguns Are Prohibited (Gun-Free Zones):

Â鶹AV prohibits students, employees, visitors and guests from carrying concealed handguns on the following premises and at the following events:

    1. Cardinal Village residence hall rooms housing students enrolled in the Texas Academy for Leadership in the Humanities (currently in Morris Hall), and related Academy offices and meeting rooms located in Cardinal Village and the Center for College Readiness Building.  License holders who reside in other Cardinal Village Residence Halls, including non-Academy students residing in Morris Hall rooms, are allowed to possess concealed handguns; however, a gun safe, approved by Â鶹AV Police Department, must be provided by the resident in rooms leased to and occupied by those licensed to carry a handgun.  If the handgun is not on or about the person, it must be stored in the gun safe.
    2. University-designated health and mental health counseling facilities to include the Â鶹AV Student Health Center and the Psychology Department Counseling Clinic.
    3. University-designated disciplinary/personnel facilities to include the Student Disciplinary Hearing Office and Employee Hearing Office.
    4. Â鶹AV premises associated with high school, collegiate, professional, and interscholastic events.
    5. Â鶹AV premises associated with governmental meetings, as well as the Â鶹AV’s Police Department.
    6. At the discretion of the President, other Â鶹AV premises associated with temporary events involving safety considerations (e.g., election sites) and/or areas in which federal or state law, licensing or contract requirements prohibit the carry of handguns.

 

VI.  Notice:

Oral or written notice must be given as to where license holders may not carry a concealed handgun. Notice that is given on a card or document must contain the following language:

Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.

Alternatively, notice may be posted on a sign at the entrance of an area in which the carrying of a concealed handgun is forbidden (“gun-free zone”). The sign must conform to the requirements of the Penal Code, in format and content, as follows:

    1. Include  the  above  italicized  language  in  both  English  and Spanish;
    2. Use contrasting colors, block letters, at least 1 inch in height; and
    3. Be displayed in a conspicuous manner clearly visible to the public.

 

VII.  Enforcement:

A license holder commits a criminal offense if the licensee carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the licensee’s person, and intentionally or knowingly displays the handgun in plain view of another person:

    1. On the campus or premises of Â鶹AV
    2. On any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of Â鶹AV

Any individual who observes violations of this policy should report the matter to the Â鶹AV Police (or call 409-880-8311). Violation of this policy may result in one or more of the following:

    1. Individuals (including students, employees, or visitors) may be excluded from Â鶹AV’s campus and premises.
    2. Individuals (including students, employees, or visitors) may be referred to law enforcement for arrest and prosecution.
    3. Students may be subject to discipline up to and including expulsion.
    4. Employees may be subject to discipline up to and including termination.

 

VIII.  Amendment:

In accordance with SB 11, the President or officer may amend the provisions of this policy as necessary for campus safety.  Such amendment shall be subject to review by the Board of Regents in accordance with the Texas State University System Rules and Regulations.

 

IX.  Effective Date:

This policy is effective August 1, 2016.

 

X.  Responsible Parties:

    • Office of the President
    • Â鶹AV Police
  1. Statement of Purpose
  2. Scope
  3. Definitions
  4. Policy Statement
  5. Gun Free Zones
  6. Notice
  7. Enforcement
  8. Amendment
  9. Effective Date
  10. Responsible Parties

Provisions and Justifications