Bill Text: TX HB954 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-02-28 - Referred to Homeland Security & Public Safety [HB954 Detail]
Download: Texas-2011-HB954-Introduced.html
| 82R5664 KSD-D | ||
| By: Lozano | H.B. No. 954 | |
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| relating to an employee's transportation and storage of certain | ||
| firearms or ammunition while on certain property owned or | ||
| controlled by the employee's employer. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 52, Labor Code, is amended by adding | ||
| Subchapter G to read as follows: | ||
| SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION | ||
| OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION | ||
| Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO | ||
| OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer | ||
| may not prohibit an employee who holds a license to carry a | ||
| concealed handgun under Subchapter H, Chapter 411, Government Code, | ||
| who otherwise lawfully possesses a firearm, or who lawfully | ||
| possesses ammunition from transporting or storing a firearm or | ||
| ammunition the employee is authorized by law to possess in a locked, | ||
| privately owned motor vehicle in a parking lot, parking garage, or | ||
| other parking area the employer provides for employees. | ||
| Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not: | ||
| (1) prohibit a public or private employer from | ||
| adopting a policy requiring that any firearm described by Section | ||
| 52.061, while on property controlled by the employer, must be | ||
| stored in a locked, privately owned motor vehicle and hidden from | ||
| plain view or locked in a case or container located in the vehicle | ||
| while the vehicle is unattended; | ||
| (2) prohibit a public or private employer from | ||
| prohibiting an employee who holds a license to carry a concealed | ||
| handgun under Subchapter H, Chapter 411, Government Code, or who | ||
| otherwise lawfully possesses a firearm, from transporting or | ||
| storing a firearm the employee is authorized by law to possess in a | ||
| locked, privately owned motor vehicle in a parking area the | ||
| employer provides employees if: | ||
| (A) access to the parking area is restricted or | ||
| limited through the use of a fence, gate, security station, sign, or | ||
| other means of restricting or limiting general public access; and | ||
| (B) the employer provides: | ||
| (i) an alternative location on the | ||
| employer's property for the employee to securely store the | ||
| employee's unloaded firearm while on the employer's property; or | ||
| (ii) an alternative parking area reasonably | ||
| close to the main parking area in which employees and other persons | ||
| may transport or store firearms in locked, privately owned motor | ||
| vehicles; | ||
| (3) authorize a person who holds a license to carry a | ||
| concealed handgun under Subchapter H, Chapter 411, Government Code, | ||
| who otherwise lawfully possesses a firearm, or who lawfully | ||
| possesses ammunition to possess a firearm or ammunition on any | ||
| property where the possession of a firearm or ammunition is | ||
| prohibited by state or federal law; or | ||
| (4) apply to a vehicle owned or leased by a public or | ||
| private employer and used by an employee in the course and scope of | ||
| the employee's employment, unless the employee is required to | ||
| transport or store a firearm in the official discharge of the | ||
| employee's duties. | ||
| (b) Section 52.061 does not prohibit an employer from | ||
| prohibiting an employee who holds a license to carry a concealed | ||
| handgun under Subchapter H, Chapter 411, Government Code, or who | ||
| otherwise lawfully possesses a firearm, from possessing a firearm | ||
| the employee is otherwise authorized by law to possess on the | ||
| premises of the employer's business. In this subsection, | ||
| "premises" has the meaning assigned by Section 46.035(f)(3), Penal | ||
| Code. | ||
| Sec. 52.063. IMMUNITY FROM CIVIL LIABILITY. Except in | ||
| cases of gross negligence, a public or private employer or the | ||
| employer's agent is not liable in a civil action, other than a civil | ||
| action based on a violation of Section 52.061, for damages | ||
| resulting from or arising out of an occurrence involving a firearm | ||
| or ammunition transported or stored in accordance with Section | ||
| 52.061. | ||
| SECTION 2. Section 411.203, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does | ||
| not prevent or otherwise limit the right of a public or private | ||
| employer to prohibit persons who are licensed under this subchapter | ||
| from carrying a concealed handgun on the premises of the business. | ||
| In this section, "premises" has the meaning assigned by Section | ||
| 46.035(f)(3), Penal Code. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a cause of action that accrues on or after the effective date of | ||
| this Act. A cause of action that accrues before that date is | ||
| governed by the law as it existed immediately before the effective | ||
| date of this Act, and that law is continued in effect for that | ||
| purpose. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
