Coastal Bend Community College District Policy on Concealed Carry 

Policy Statement  

The Coastal Bend College District (the College) is committed to providing a safe environment for students, employees, district affiliates, vendors, and visitors while at the same time respecting the right of individuals licensed by the State of Texas to carry a handgun.  Individuals licensed to carry may do so on our campuses and sites except in locations and at activities prohibited by law or policy.  The carrying of any handgun by an unlicensed person is not permitted in any place owned or operated by the District.  In addition the Texas Penal Code, Section 46.035 (a-1) strictly prohibits license holders from Open Carry of a handgun at institutions of higher education including Coastal Bend College, therefore Open Carry issues are not the subject of this policy.  

Reason for Policy  

Texas Government Code Section 411.2031 entitles handgun license holders (License Holders) to carry concealed handguns on the campus of an institution of higher learning.  This section of the Texas Government Code also authorizes the President of the College to enact reasonable rules and regulations regarding the concealed carry of handguns on College sites, so long as the rules do not generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns at our sites.  This policy memorializes the rules and regulations enacted by the President regarding the carrying of concealed handguns by license holders on Coastal Bend College sites or upon College owned and/or operated property.  

Scope & Audience  

This policy shall apply to all students, employees, district affiliates, vendors, and visitors of the College while on sites or College owned or operated property. This article does not apply to commissioned peace officers as defined in Texas Code of Criminal Procedures,Article 2.12, or to Federal law enforcement officers and agents authorized to carry a handgun pursuant to applicable federal statutes, whether on or off duty.    

Definitions (specific to this policy)  

Campus or Site:  

All land and buildings owned or leased by Coastal Bend College.  

Concealed Carry:  

The Texas Department of Public Safety defines a concealed handgun as a handgun not openly discernable to the ordinary observation of a reasonable person.                                                                                                                                                                        

Handgun or Pistol:  

A handgun, also described as a pistol, is any firearm that is designed, made, or adapted to be fired with one hand.  This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns (which usually can be braced against the shoulder).  The most common handguns carried by license holders are semi-automatic pistols and revolvers. 

Formal Hearing:  

A formal hearing is a meeting or other proceeding in which a party is pursuing a complaint, charge, grievance, appeal or other administrative process. A hearing officer, administrative officer, committee, hearing panel, or similar administrative body, either during or subsequent to the hearing decides the outcome or makes recommendations through official process.  

“Institution of higher education” have the meaning as assigned by Section 61.003, Education Code.  

Law Enforcement Officer:  

Any person described in Texas Code of Criminal Procedures,Article 2.12, that is vested with the statutory authority to enforce criminal laws and make arrests and who are licensed Texas Peace Officers duly commissioned by the Texas Commission on Law Enforcement (TCOLE) or under the laws of the United States and employed or commissioned as a Peace Officer with a TCOLE recognized law enforcement agency.  

License Holder:  

A person licensed to carry a handgun under Chapter 411 of the Texas Government Code.  

“On or about their person”:  

Means a person licensed to carry a handgun must carry a handgun in a manner that the handgun is close enough to the license holder that he or she can reach it without materially changing position.  This would include “book bags” under the direction control and possession of the license holder.  

Revolver:  

A revolver is a repeating handgun which has a revolving cylinder containing multiple chambers and at least one barrel for firing.  

Semi-automatic Pistol:  

A semi-automatic pistol uses the energy of the fired cartridge to cycle the action of the firearm and advance the next available cartridge into a position for firing.  One round fires each time the trigger of the semi-automatic is pulled, and it uses a magazine to story and feed cartridges into the chamber.  

Website 

Responsibilities & Procedures  

 General Safety  

TexasPenal Code, Section 46.035(a)(1) provides that a license holder may not carry a partially or wholly visible handgun on the premises of any college or university including roadways, driveways, street, sidewalk or walkway, or parking lot or garage.  License holders who carry a handgun onto any CBC site otherwise not excluded, must carry it concealed and on or about their person at all times or secure the handgun in a locked privately owned or leased motor vehicle. 

The concealed carry of handguns by license holders is prohibited in areas for which state or federal law, licensing requirements, or contracts require exclusion solely at the discretion of the state or federal government, or are required by a campus accrediting authority. Where appropriate, signage will conform to the overriding federal or state law requirements. Otherwise, notice conforming to Texas Penal Code, Section 30.06 will be provided. 

TexasGovernment, Subchapter H, Section 411.188.4: does not require the College to provide handgun storage for license holders.   Under Texas law license holders must take a training class and license holders are taught proper handgun storage principles. It is the responsibility of a license holder to properly carry and store the handgun in a safe manner. 

A license holder who carries a handgun on campus must conform to all state laws concerning conceal carry.  State law requires the handgun to be concealed in a holster that completely covers the trigger and entire trigger guard area.  The holster must have sufficient tension or grip on the handgun to retain it in the holster even when subjected to unexpected jostling. 

Site storage for weapons will not be provided by Coastal Bend College.  The Texas Government Code does not require a college or university to provide storage for firearms. The Texas Government Code requires a handgun be stored in a manner that a child would not be at risk of accidental injury.  Providing storage increases the time and frequency spent handling a firearm, thus increasing the risk of accidental discharges, ability for others to identify license holders, and possibility of theft of firearms as storage locations would be generally well-known. Existing lockers, cabinets, closets and furnishings are property of CBC and do not meet the definition of providing safe and secure storage for handguns. 

HANDGUN EXCLUSION ZONES 

Under the discretion of the President, certain specific areas may be excluded from areas otherwise open to a license holder, an ability granted to university and college presidents by the Texas Government Code. 

The Coastal Bend College President has established such areas based upon current Texas law. Each section of applicable law is linked to each exclusion zone to provide statutory authority. 

Gun-exclusion zones created by state law as well as those created by this policy may sometimes comprise only a portion of a building. In some instances, it may not be feasible to exclude concealed handguns only from the designated exclusion zones. The following factors and principles will govern the implementation of these rules and regulations in those buildings in which some, but not all parts are designated as exclusion zones.   

Governing factors:   

The percentage of assignable space or rooms in a building that are designated as exclusion zones.  

The extent to which the area(s) designated as exclusion zones are segregable from other areas of the building.  

The extent to which use of the building, and hence its status as an exclusion zone, varies from day-to-day or week-to-week.  

Governing principles:  

If a small number of rooms or a small fraction of assignable space in a building is subject to exclusion, only the rooms or areas that qualify for exclusion should be excluded. Appropriate signage must be posted for excluded rooms or areas.  

If a significant fraction of the total building in terms of number of rooms or assignable space is subject to exclusion, or if the excludable space is not segregable from other space, then as a matter of practicality, the whole building will be excluded. Appropriate signage must be posted for any such building. 

              6.   Exclusion Zones for Coastal Bend College sites are listed in attachment A 

Housing  

The following rules and exceptions apply to the concealed carry of handguns for Benton Hall and the CBC Apartments.  

For Benton Hall, the carrying of a concealed handgun by a license holder is not permitted in any area other that in common areas, the parking area, and sidewalks. 

2. A resident’s family member who is a license holder may carry on or about their person while visiting. Residents are also responsible for ensuring their guests comply with all rules and regulations contained in this policy.  
3. Staff members whose employment responsibilities require them to be in Benton Hall and are license holders are permitted to carry a concealed handgun on or about their person while present at Benton Hall for business purposes.  
4. A legal resident of the CBC Apartments or their guest(s).  

License holders who reside in Benton Hall are not permitted to store a handgun inside their room and must store their handguns in a locked, privately-owned or leased motor vehicle. License holders are also responsible for ensuring their guests comply with all rules and regulations.  

Housing contracts of Coastal Bend College provide that a violation of any College rule regarding the carrying or storage of firearms is grounds for termination of the housing contract. 

Employees  

Except as may be noted above, employees who are License Holders will enjoy commiserative concealed handgun rights, but may be limited by job description if there is a substantial interference with the employee’s assigned duties as determined by their supervisor.  

1. Staff who are License Holders may conceal carry in CBC classrooms, including dual enrollment classes held on CBC sites, but this right does not apply to dual enrollment classes held on the premises of an Independent School District.    

2. Employees are prohibited from carriage of a handgun into any employee evaluation, counseling, or disciplinary meeting in which the employee is the subject of the counseling or a disciplinary action.  

3. Employees and volunteers who work in a campus program for minors must, as a condition of their participation, agree not to carry a concealed handgun on the grounds or in buildings where the program is conducted. Parents of attendees must also agree, as a condition of their child’s participation, not to carry a concealed handgun on the grounds or in buildings where the program is conducted.  

Appropriate Signage  

Appropriate notice and signage, both permanent and situational, will be provided by the College as required by Texas law.