Bill Text: TX SB1448 | 2017-2018 | 85th Legislature | Introduced

---

Bill Title: Relating to restricting employers from prohibiting certain employees from carrying, transporting, storing, or using handguns or ammunition.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-20 - Referred to State Affairs [SB1448 Detail]

Download: Texas-2017-SB1448-Introduced.html

---

By: Estes S.B. No. 1448

A BILL TO BE ENTITLED
AN ACT
relating to restricting employers from prohibiting certain
employees from carrying, transporting, storing, or using handguns
or ammunition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter G, Chapter 52, Labor
Code, is amended to read as follows:
SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE
TRANSPORTATION, CARRYING, USE, OR STORAGE OF CERTAIN FIREARMS OR
AMMUNITION
SECTION 2. Section 52.063, Labor Code, is amended to read as
follows:
Sec. 52.063. IMMUNITY FROM CIVIL LIABILITY. (a) Except in
cases of gross negligence, a public or private employer, or the
employer's principal, officer, director, employee, or agent, is not
liable in a civil action for personal injury, death, property
damage, or any other damages resulting from or arising out of an
occurrence involving a firearm or ammunition that the employer is
required to allow an employee to carry, transport, or store [on the
employer's property] under this subchapter.
(b) The presence of a firearm or ammunition on an employer's
property, in an employee's vehicle, or on an employee's person under
the authority of this subchapter does not by itself constitute a
failure by the employer to provide a safe workplace.
(c) For purposes of this section, a public or private
employer, or the employer's principal, officer, director,
employee, or agent, does not have a duty:
(1) to patrol, inspect, or secure:
(A) any parking lot, parking garage, or other
parking area the employer provides for employees; or
(B) any privately owned motor vehicle located in
a parking lot, parking garage, or other parking area described by
Paragraph (A); or
(2) to investigate, confirm, or determine:
(A) whether an employee is licensed to carry a
handgun under Subchapter H, Chapter 411, Government Code; or
(B) an employee's compliance with laws related to
the ownership or possession of a firearm or ammunition or the
transportation and storage of a firearm or ammunition.
SECTION 3. Subchapter G, Chapter 52, Labor Code, is amended
by adding Sections 52.065, 52.066, 52.067, and 52.068 to read as
follows:
Sec. 52.065. RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES
FROM TRANSPORTING HANDGUNS IN CERTAIN VEHICLES. A public or
private employer may not prohibit an employee who holds a license to
carry a handgun under Subchapter H, Chapter 411, Government Code,
from transporting or storing a handgun or ammunition the employee
is authorized by law to possess in a motor vehicle that is owned or
leased by the employee when the vehicle is not located on property
owned or leased by the employer, regardless of whether the employee
is engaged in performing duties on behalf of the employer.
Sec. 52.066. RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES
FROM CARRYING HANDGUNS. A public or private employer may not
prohibit an employee who holds a license to carry a handgun under
Subchapter H, Chapter 411, Government Code, from carrying a
concealed handgun or ammunition the employee is authorized by law
to possess on the employee's person when the employee is not on
property owned or leased by the employer, regardless of whether the
employee is engaged in performing duties on behalf of the employer.
Sec. 52.067. RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES
FROM USING HANDGUNS IN SELF-DEFENSE. A public or private employer
may not prohibit an employee who holds a license to carry a handgun
under Subchapter H, Chapter 411, Government Code, from using a
firearm or ammunition under circumstances that justify the use
pursuant to Sections 9.04, 9.31, or 9.32, Penal Code.
Sec. 52.068. REMEDIES; INJUNCTION; ATTORNEY'S FEES. (a) A
public or private employer who violates this subchapter is liable
for reasonable damages and attorney's fees incurred by the employee
as a result of the violation.
(b) An employee discharged in violation of this subchapter
is entitled to reinstatement in the employee's former position of
employment.
(c) A district court may restrain, for cause shown, a
violation of this subchapter.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.