Chapter X Policy Carrying Handguns on Campus by License Holder

B10.1 Carrying Handguns on Campus by License Holder

B10.1.1 Purpose and Authority: Del Mar College recognizes and enforces state law regulating firearms on campus.

Senate Bill 11 was passed by the Texas Legislature and signed into law on June 16, 2015, and made effective for Community Colleges August 1, 2017. This bill added Section 411.2031 to Chapter 411 of the Texas Government Code.

This policy is designed to be in compliance with Senate Bill 11 (Chapter 411 Section 411.2031 of the Texas Government Code) and to inform faculty, staff, students, and visitors of policy regarding the carrying of concealed handguns on campus by individuals who are licensed to carry a handgun and to address the safety, security, health and welfare of the college community. Individuals who do not have a valid license to carry a handgun are currently and will continue to be prohibited from carrying a handgun on campus.

The chief executive officer (CEO) of the Del Mar College District shall establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus or on premises located on campus. The CEO may amend the provisions as necessary for campus security. The provisions take effect as determined by the CEO unless subsequently amended by the board of regents. No other College employee, student, council, committee, or student group may declare areas as prohibited campus locations.

B10.1.2 Scope: This policy applies to all individuals who attend classes, work, conduct business, or visit any Del Mar College campus, including but not limited to students, employees, consultants, visitors, patients, clients, volunteers, contractors, commercial tenants, or vendors. This policy does not apply to peace officers as defined in Article 2.12 of the Texas Code of Criminal Procedure, and does not apply to military service members or officers, inspectors, or investigators employed by a federal agency who are carrying a weapon in the discharge of official duties.   

B10.1.3 Statement of Policy and Policy Violation: A handgun license holder under Chapter 411, Texas Government Code, may carry a concealed handgun on or about the license holder’s person while the license holder is on the College campus or in a College vehicle, unless prohibited by state or federal law, or this policy.  

The College enforces state law regulating firearms on campus. This enforcement occurs in two ways. First, college security or applicable law enforcement agencies will investigate and take appropriate action, including referral for criminal prosecution when violations occur. Second, the College will consider any violation of state law regulating firearms to be a violation of College policy.

Intentional reveal of a handgun on campus is prohibited. Any such incident is a criminal offense under Texas law and will be grounds for disciplinary action under DMC policy applicable to faculty, staff, and students. Texas Penal Code Section 30.06.

Failure to comply with this policy may result in disciplinary action up to and including termination or dismissal from the College under policy applicable to students, staff, and faculty. 

The open carrying of a handgun on campus is prohibited by law.  

The CEO or the CEO’s designee is responsible for maintaining a comprehensive list of prohibited campus locations.

A10.1.4 Enforcement and Reporting: The primary responsibility for enforcement of this policy lies with Del Mar College Security. To report a concern or potential violation, immediately contact DMC Security at (361) 698-1946 or in an emergency call 911. 

A10.1.5 Definitions: The following definitions apply to terms referenced herein.

1.  Adjudicatory - Locations used for formal proceedings conducted for student and employee matters.

2.  Campus - Means all land and buildings owned or leased by Del Mar College.

3.  Concealed Handgun - A handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

4.  Interscholastic event - Means a function or program existing or conducted among schools.

5.  License to Carry a Handgun (License Holder) - A License to Carry a handgun (LTC) issued by the Texas Department of Public Safety (TXDPS), under Texas Government Code Chapter 411, Subchapter H. Also includes valid Concealed Handgun Licenses issued by the TXDPS, as well as licenses from other states, the validity of which is recognized by the State of Texas.

6.  Location - Means a building, portion of a building, or a specific room or area in a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot or other parking area.

7.  Open carry - Visible possession of a handgun in public.

8.  Prohibited Campus Location - An area of campus, building, portion of a building, or a specific room or area in a building in which the possession of handguns is prohibited as provided in (prohibited campus locations). The term does not include any public or private driveway, street, sidewalk or walkway, parking lot or other parking area.

9.  Sporting Event - High school, collegiate, or professional sporting event or interscholastic (UIL) or similarly sponsored interscholastic events. (This provision does not apply to intramural games, club sports, or impromptu “pickup” games.)

A10.1.6 Prohibited Campus Locations: A license holder is prohibited from carrying a concealed handgun on the following prohibited campus locations.   

1.  Lichtenstein Center for Early Childhood Development building and school play yard.

2.  Labs, storage rooms, mechanical rooms or IT server rooms {those with dangerous chemicals/combustible gas/toxic biologic agents or where equipment failure would cause a catastrophic event resulting in the college’s inability to operate}.

3.  Physical activity courses and events such as: swimming, tennis, basketball, racquetball, dance, intramural sports, club sports.

4.  Locations used for formal adjudicatory proceedings (student or employees).

5.  Locations used for counseling by Licensed Professional Counselors employed by the Counseling Center {TPC §46.03;§46.035}.

6.  Testing centers administering nationally sanctioned tests (ACT, SAT, TOEFL, CLEP, IBT) prohibit the carrying of a firearm under the rules of the testing organization.

7.  In College owned or leased passenger transportation unless granted written permission from the CEO or CEO’s designee.

8.  Classrooms and other locations that are specified for exclusive use by Collegiate High School.

9.  Locations where a high school, collegiate, or professional sporting event or interscholastic (UIL) or similarly sponsored interscholastic events are occurring. (This provision does not apply to intramural games or impromptu “pickup” games.)

10.  Any campus locations where Pre-K through Grade 12 youth camps, academies, and UIL competitions are occurring.

11.  Any room used by a government entity for a duly-posted meeting in accordance with the Texas Open Meetings Act.

12.  Locations used as a polling place during early voting or on the day of election.

13.  Other areas where handguns are not permitted:

a.  Where alcohol is served at events held on DMC property.  

b.  Any DMC property that is rented on a temporary basis by outside entities.

c.  Any locations where the college, as directed or approved by the president as necessary for campus safety, gives effective notice on a temporary basis pursuant to Section 30.06, Penal Code. For this rule, the term “owner of the property” in Section 30.06(b), Penal Code, means the president of the college. No college employee is “someone with apparent authority to act for the owner” for purposes of Section 30.06(b), Penal Code. All notices under Section 30.06, Penal Code, will be institutional notice, conform to Sections 46.03 and 46.035, Penal Code, and apply equally to all handgun license holders.

 

A listing of identified campus locations can be found here: Prohibited Campus Locations

 

A10.1.7 Other Possible Prohibited Campus Locations: The College leases locations to certain entities. The lessor of the leased facilities determines the restrictions on possession of weapons in those locations. The lessor of the leased facilities will notify the College of those restrictions as determined by the lease agreement.

A10.1.8 Effective Notice: At all locations where concealed carry is prohibited, the College must give effective notice under Section 30.06, Penal Code. The College Security Department is to be contacted for questions about signage or to acquire signs.

A10.1.9 Carrying of Concealed Handguns by Employee: Any employee who is a license holder may carry a concealed handgun into his or her work area, unless prohibited under this policy. However, if the employee is not authorized by Del Mar College district to use the handgun in the course and scope of performing his or her duties, the possession, storage, or use of a handgun which results in personal injury or property damage may make the employee personally liable for the injury or damage. Furthermore, the employee may not be entitled to immunity under Section 411.208 of the Texas Government code or any other immunity or indemnity the individual may otherwise be entitled as a Del Mar College district employee.  

A10.1.10 Storage and Safeguarding of Handguns: The College will not provide general storage, secured storage or storage of any kind for handguns for license to carry holders. License to Carry Holders are solely responsible for safeguarding their handguns at all times. License to Carry Holders who fail to use reasonable care in securing handguns or properly concealing handguns are subject to disciplinary actions up to and including termination or dismissal from the College as applicable to students, faculty and staff or termination of a business relationship.  

A10.1.11 Disclosure by License to Carry Holder: License to Carry Holders are not required to disclose their license status to anyone on campus other than a law enforcement officer. The College will not maintain a list of license to carry holders.  

A10.1.12 Permitted Concealed Carry by a License Holder: Concealed carry is permitted on campus in areas that are not on the prohibited campus location list and in public or private driveway, street, sidewalk or walkway, parking lot, or other parking area.