1. Top 10 Things HR Professionals Should Know about Campus Carry Texas Higher Education Human Resources Association Winter Conference 2017
Renaldo Stowers
Senior Associate General Counsel
UNT System Office of General Counsel

2. The Washington Post Sept. 22, 2016

3. CHL Holders Approximately 3% of the population had a CHL
86% of CHLs issued to individuals over 30.
67% of CHLs issued to individuals over 40.
Dept. Public Safety Statistics

4. CHL Convictions
CHL holders represent less than one-third of one percent of the total convictions in Texas %.
Dept. Public Safety Statistics

5. 2013 Texas Convictions Murder 364 3 Aggravated Assault 3182 10
Total Convictions CHL Convictions
Murder
Aggravated Assault
Kidnapping
Robbery
Burglary
Terroristic Threat
Dept. Public Safety Statistics

6. No. 1 - Some Basic CH Law
Must have a CHL to carry a concealed handgun in public.
Do not need a CHL to carry a concealed handgun in private or in car.
Do not need a CHL to openly carry a long arm firearm in public.
Open carry is not allowed on campus.
CH 411 Tex. Govn’t Code

7. No. 2 - Your Campus Carry Policy
When and to whom policy applies.
Advising employees and managers.
Conducting investigations.

8. No. 3 –Your Workplace Violence Policy
“Carrying weapons of any kind, other than by a law enforcement officer or as otherwise provided by law, onto university property or onto property utilized for university programs or activities.”
Does your WPV policy allow for CH?
Does training on WPV policy address campus carry?

9. No. 4 – When a CH is Not Concealed
A License Holder may not intentionally display a partially or wholly visible handgun in plain view of another person, even if the handgun is holstered. PC

10. No. 5 – When Display of a CHL is Required
A License Holder must display a license when directed by a law enforcement officer. Otherwise, an individual is not required to disclose whether he or she is a License Holder. GC

11. No. 6 – Where License Holders Can’t Carry‘’
UNT System Admin
UNT
UNT Dallas
UNTHSC
Competitive Events √
Religious places
Elections
Courts
Police Dept
Chemicals
Bio Haz
MRI/NMR
Contracts
Health Clinics
Minors
Special Services
Large scale events
Alcoholic Beverages Served
Concealed handguns may be prohibited at specific locations and activities. Tex. Atty Gen Op. KP-0120 (2016) and KP-0051 (2015).

12. No. 7 – Where Employees can Carry
CHL holder may carry anywhere on campus except where prohibited by policy.
Campuses may restrict where employee can carry handguns provided restriction does not “generally prohibit or have the effect of generally prohibiting a License Holder from carrying a CH on campus.”
Tex. Govn’t Code § (d-1)

13. No. 8 – Employees Cannot Designate Workspace as Gun Free Zone
Tex. Att. Gen. Op. KP-0051 – “SB 11 does not authorize a president…to delegate to individual professors the decision as to whether possession of a CH is allowed in [the] classroom.”
Employees may not “temporarily” designate their workspace as “Gun Free.”

14. No. 9 – Notice Requirements
Must post notice at locations/activities where CH are prohibited.
Notice must be exactly as stated in Penal Code.
Notice also must be in Spanish.
Verbal notice is invalid.
Improper notice violates subjects agency to civil penalty.
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.

15. No. 10 – Legal Risk
Terminating an employee for carrying a weapon could be grounds for a wrongful termination claim even if employer is at-will. Swindol v. Aurora Flight Sciences Corp. No (5th Cir. 2016).
Improper attempts to prohibit CH where they are allowed expose campus to $1,000 - $10,500 penalties - per day. Tex. Gov’t Code § (b).
License Holder can bring ultra vires action against president for violating concealed carry rights. Atty Gen. Op. KP-0051 p. 4 (2015); citing City of El Paso v. Heinrich, 284 S.W. 366, 372 (Tex. 2009).

16. The Future SB 16 – Would eliminate fee to obtain license.
HB 375 – Would allow open carry without
a license.
HB 391 – Would allow public institutions
to opt out of campus carry.