Untitled Texas Attorney General Opinion, KP-0120

Background

In 2015 the Texas Legislature passed S.B. 11, which (among other changes) authorizes license holders to carry concealed handguns on campuses of institutions of higher education and allows the institution president to adopt reasonable rules about such carrying, provided those rules do not "generally prohibit" concealed carry.
"Institution of higher education" under the Government and Education Codes includes public junior/community colleges. Public junior colleges are therefore subject to the S.B. 11 framework.
Penal Code § 46.03 generally forbids firearms on the "physical premises of a school or educational institution" and on "grounds or building on which an activity sponsored by a school or educational institution is being conducted." That statutory phrase has been interpreted to refer to primary and secondary schools, not institutions of higher education.
The requester asked whether a junior/community college may prohibit concealed handguns in classrooms or other areas where minors attend or are routinely present (including special programs and childcare centers).
The Attorney General concluded S.B. 11 and § 46.03, read together, do not permit a junior/community college to enact categorical prohibitions of concealed handguns across campus solely because minors may be present; however the college president may adopt limited, reasonable restrictions targeted to specific rooms, activities, or times (e.g., child-care rooms or specific classrooms during minors’ programs) so long as those rules do not have the effect of generally prohibiting concealed carry campus-wide.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. May a junior/community college prohibit handguns in classrooms if minors may attend?	College: presence of minors justifies categorical bans in classrooms.	AG/Statutory framework: S.B. 11 prevents campus-wide or general prohibitions by institutions of higher education.	No categorical prohibition; may adopt targeted, reasonable rules but not rules that generally prohibit concealed carry.
2. May handguns be prohibited during special programs where minors will be present and in all areas where minors are expected?	College: special programs with minors permit broad prohibitions during those events.	AG: §46.03’s activity-based ban applies to activities sponsored by primary/secondary schools, not higher ed; S.B.11 limits general prohibitions.	No blanket ban for such programs unless sponsored by a school; targeted restrictions for specific areas/times are allowed if not generally prohibitory.
3. For multi-week programs directed at minors (e.g., College for Kids), may handguns be prohibited where minors congregate?	College: sustained minor-directed programs justify broader area prohibitions.	AG: same limits—cannot have rules that amount to general prohibition on campus; may regulate particular spaces/times.	May prohibit in specific rooms/areas/times (consistent with reasonable rules) but cannot generally prohibit across campus.
4. May handguns be prohibited on campuses offering childcare centers?	College: childcare presence requires banning handguns campus-wide or in childcare areas.	AG: childcare rooms can be specifically restricted, but a general campus ban would conflict with S.B.11’s prohibition on general bans.	Childcare rooms/areas may be specifically restricted; but campus-wide categorical prohibition is not permitted.

Key Cases Cited

Kia Motors Corp. v. Ruiz, 432 S.W.3d 865 (Tex. 2014) (the statute’s plain language controls legislative intent; used to interpret §46.03’s scope)