The House on Saturday, May 4, passed the latest version of HB 972 (known presently as the Committee Substitute), one of several guns-on-campus bills introduced during this Regular Session.
Significantly the measure retains the option for institutions—after consulting with administration, faculty, and students—to choose not to allow licensed carriers to bring their weapons on campus. A number of floor amendments were adopted, making the bill more complex. It must still pass the Senate in order to become law.
The local opt-out provision is consistent with the position of TCCTA and the association's recent call for member communication with lawmakers. For background, please see this previous post. As reported here before, other bills relate to allowing licensed carriers to leave their weapons in parked cars on college property.
Since the language of the bill can be confusing, below is a pertinent exchange on legislative intent between its sponsor, Rep. Allen Fletcher (R-Cypress) and Rep. Chris Turner (D-Arlington), from the House Journal:
CSHB 972 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE C. TURNER: So, I want to make sure I understand—that the body understands—where this bill is right now, because we've adopted several amendments—some of which I think are significant; some, maybe, were not so significant. But, as your bill stands right now, an institution has the ability to opt-out of campus-carry, right?
REPRESENTATIVE FLETCHER: Sure
C. TURNER: Okay. An institution is—help me understand what an institution is. Let's take the UT System, for example. You have several universities in The University of Texas System. Does each institution in that system have its own ability to opt-in or opt-out?
FLETCHER: It's essentially going to be the president of the university who makes that decision.
C. TURNER: The president of the university, okay. So, you could have one school in the UT System decide that they want to have campus-carry, and another school in the UT System decide that they don't want to have it?
FLETCHER: I think that would be the case, yes.
C. TURNER: So, that's your intent?
FLETCHER: That's my intent.
C. TURNER: And then, is—if the university president, after consulting with faculty and students and the other things prescribed for in your bill, makes his or her decision, is that decision in any way appealable?
FLETCHER: I don't have any—there's no reference to that in the bill, and I think that will be up to the university itself. There's going to be regents and other parties in play, but I think that was just alluded to—the president will be the determiner of that.
C. TURNER: You mentioned regents, and that kind of gets to my question. If, let's say a university president, after consulting with faculty, and staff, and students, decides that they're going to opt-out, and someone opposes that decision, can they go to the board of regents—to the chancellor or the board of regents—and try to overturn that university president's decision?
FLETCHER: Well, Chris, in reality, I think, you know, we're chasing rabbit trails here. The reality of it is, all of those parties that are part of the leadership in a university are going to come together and make those kinds of decisions. I can't see a situation where a president is going to decide his university is either opting-in or opting-out and that being changed, publicly. They're going to deal with this in their own meetings, and they r’e going to make those decisions, and then come forward to the public with it.
C. TURNER: Well, I think there's been a number of examples in the news recently, about some—sometimes university presidents have different perspectives on things than their corresponding board of regents, you would agree with that, would you not?
FLETCHER: I've heard that, yes.
C. TURNER: Okay, and university presidents are professional academics and administrators; board of regents are political appointees, are they not?
FLETCHER: Right.
C. TURNER: So, my question is, is the intent of your bill structured in a way so that we keep politics out of it from political appointees, and this decision rests squarely in the hands of the local university, in-house there?
FLETCHER: Yes, that's what I understand. That was my intent.
C. TURNER: That is your intent?
FLETCHER: With no appeal.
C. TURNER: Okay.
FLETCHER: I think that would be up to the leadership.
C. TURNER: Okay.
REMARKS ORDERED PRINTED
Representative C. Turner moved to print remarks between Representative Fletcher and Representative C.Turner.
The motion prevailed.