Texas Senate Bill 11 (SB 11) was passed by the 84th Texas Legislature and was signed into law on June 1, 2015. It is often referred to as “Campus Carry.” The law permits individuals with a license to carry or concealed handgun license to carry a concealed handgun on a public community college in Texas beginning August 1, 2017. Open carry of handguns on any Temple College location is not authorized as outlined in Government Code Sec. 411.2031 and Penal Code 46.035. Maintaining a safe and secure educational environment is of the utmost importance to Temple College. Outlined below is the Board of Trustee approved policy for campus carry on any Temple College location. The FAQ section provides detailed information on commonly asked questions.

We plan to provide additional resources as we continue to enhance this web page.

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FAQ

How is Temple College preparing for concealed carry on campus?

Temple College held learner and employee forums in the spring and fall 2016 semesters to discuss with the college community concerns related to Senate Bill 11, concealed carry of handguns on campus. We also provided each attendee a survey containing the following three questions so everyone had an equal opportunity to address their concerns.

Do you have concerns about concealed handgun carry on campus? If so, why?
Do you feel concealed handgun carry should be prohibited in specific areas of campus? If so, which areas should be excluded and why?
What suggestions do you have that will help in developing a concealed handgun carry policy for Temple College?
The information gathered from the questions asked during the forums and from the surveys have been incorporated into this FAQ website and will also be used as the College develops a policy on campus carry.

Is open carry allowed on any Temple College property?

No. HB 910, the open carry law effective January 1, 2016, provides a handgun license holder cannot carry a partially or wholly visible handgun, regardless if it is holstered, and intentionally or knowingly display the handgun in plain view of another person on the premises of a an institution of higher education, or any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education.

Ref. Government Code Sec. 411.2031

Penal Code 46.035

HB 910 Section 47

When does the new law allowing a licensed to carry individual to carry a concealed handgun on any Temple College location?

Senate Bill 11 established August 1, 2016 for an institution of higher education, as defined by Section 61.003, Education Code, other than a public junior college and August 1, 2017 for a public junior college such as Temple College.

Since the current EWCHEC-Hutto building is owned by Texas State Technical College (TSTC) and TSTC is classified as a public technical institute and not a public junior college, TSTC must implement the concealed handgun carry legislation effective August 1, 2016. This means concealed carry will be allowed in the EWCHEC-Hutto building with the exception of the Testing Center and the Police Office located in room A109 effective August 1, 2016. Concealed carry at all other Temple College locations is prohibited until August 1, 2017.

Ref. Government Code Sec. 411.2031

Education Code Section 61.003

SB 11 Section 8

What locations/areas at Temple College will concealed handgun carry be prohibited?

As outlined in Government Code 411.2031 and SB 11, after consulting with students, staff, and faculty of Temple College regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, the president shall establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus of the institution or on premises located on the campus of the institution. Not later than the 90th day after the date that the rules, regulations, or other provisions are established as described above, the board of trustees shall review the provisions. The board of trustees may, by a vote of not less than two-thirds of the board, amend wholly or partly the provisions established.

Areas we are pretty certain concealed carry will not be permitted include the Testing Center due to language in the contracts with the College Board, Prometric Test Center, and Pearson Education prohibiting the carry of weapons in a testing center and any location where a collegiate sporting event or interscholastic event is taking place as outlined in Texas Penal Code Sec. 46.035. Other areas may be identified as we continue to develop our policy and will be added to this list as needed.

Ref. Government Code Sec. 411.2031

Penal Code section 46.035

SB 11 Section 8

Who can legally carry a concealed handgun?

Texas Government Code Chapter 411, Subchapter H sets out the eligibility criteria that must be met. Applicants must be at least 21 years of age (unless active duty military) and must meet Federal qualifications to purchase a handgun. A number of factors may make individuals ineligible to obtain a license, such as: felony convictions, some misdemeanor convictions, including charges that resulted in probation or deferred adjudication; certain pending criminal charges; chemical or alcohol dependency; certain types of psychological diagnoses, and protective or restraining orders. The state eligibility requirements can be found in Government Code 411.172. The federal firearms disqualifiers can be found in 18 USC 44 922. (http://dps.texas.gov/rsd/chl/faqs/)

Ref. Government Code 411.172

Is a handgun license holder required to display identification that they are licensed to carry a concealed handgun?

If a license holder is carrying a handgun on or about the license holder’s person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder’s driver’s license or identification certificate issued by the department and the license holder’s handgun license.

Ref. Government Code 411.205

Can a college employee ask a student if they have a concealed handgun license?

Employees can ask, but students are not required to provide this information. Employees should not, under any circumstances, coerce students into revealing their concealed carry status or pressure them to answer concealed carry queries. It is important to understand a handgun license holder is not required to disclose their license to anyone except a magistrate or peace officer.

Ref. Government Code 411.205

Does a police officer have the right to disarm a licensed concealed carry holder?

Yes. A peace officer who is acting in the lawful discharge of the officer’s official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual..

Ref. Government Code Section 411.207

What do I do if I see someone with a handgun on campus?

The safest course of action is to call the Temple College Police Department by dialing 8911. They will respond and make contact with the individual to determine if that person is an authorized license holder and is legitimately carrying a firearm. If campus police cannot be contacted, please call 911.

Can a student who legally possesses a concealed handgun be excluded from the classroom on the grounds that the student’s presence and his or her concealed weapon constitute a class disruption?

No, unless the classroom is located in an area where concealed carry is not permitted. After consulting with students, staff, and faculty of the institution regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, the president or other chief executive officer of an institution of higher education in this state shall establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus of the institution or on premises located on the campus of the institution. The president or officer may not establish provisions that generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution. The institution must give effective notice under Section 30.06, Penal Code, with respect to any portion of a premises on which license holders may not carry.

What responsibility does a licensed to carry permit holder have to keep his or her weapon concealed? Are licensed to carry (LTC) holders violating the terms of their permit if someone gets a glimpse of their weapon?

A LTC holder commits an offense if the holder carries a handgun on or about the licensed holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.

Ref. Penal Code section 46.02, 46.03, 46.035

Where does a weapon need to be in order to be legally considered “concealed”? Can a weapon be in a backpack or purse, or does it need to be directly on a person’s body or within reaching distance of the person?

The law does not expressly state where a weapon needs to be in order to be considered “concealed.” The weapon cannot be in plain view or discernable by ordinary observation. The weapon must be on the license holder’s person or in close proximity.

Ref. Penal Code section 46.02, 46.03, 46.035

How will I know if an area has been designated as an exclusion zone?

Texas Penal Code Section 30.06 outlines where Temple College will need to post signage for areas where concealed carry is not permitted.

Ref. Penal Code section 30.06

How do I obtain a concealed handgun license?

The Texas Department of Public Safety administers concealed handgun licenses. Go to http://dps.texas.gov/RSD/CHL/index.htm for more information.

Will handguns be permitted at the University Courtyard Apartments?

Per University Courtyard Apartment lease agreement, residents and visitors are not authorized to carry and/or store weapons on the apartment complex property.

Can Temple College employees be prohibited from carrying a concealed handgun at a Temple College location?

College employees who meet the criteria for concealed carry as outlined in Texas Government Code Chapter 411, Subchapter H and possess a Licensed to Carry (LTC) permit will be allowed to carry a concealed handgun in authorized College locations. College employees will not be permitted to carry any weapon in areas where Texas Penal Code Section 30.06 signage is posted.