Texas 2009 - 81st Regular

Texas House Bill HB1301 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6231 KSD-F
2	2	By: Frost H.B. No. 1301
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an employee's transportation and storage of certain
8	8	firearms or ammunition while on certain property owned or
9	9	controlled by the employee's employer.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 52, Labor Code, is amended by adding
12	12	Subchapter G to read as follows:
13	13	SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION
14	14	OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION
15	15	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
16	16	OR STORAGE OF FIREARM OR AMMUNITION. (a) A public or private
17	17	employer may not prohibit an employee who holds a license to carry a
18	18	concealed handgun under Subchapter H, Chapter 411, Government Code,
19	19	who otherwise lawfully possesses a firearm, or who lawfully
20	20	possesses ammunition from transporting or storing a firearm or
21	21	ammunition the employee is authorized by law to possess in a locked,
22	22	privately owned motor vehicle in a parking lot, parking garage, or
23	23	other parking area the employer provides for employees.
24	24	(b) Except in cases of gross negligence, a public or private
25	25	employer or the employer's agent is not liable in a civil action,
26	26	other than a civil action based on a violation of Subsection (a),
27	27	for damages resulting from or arising out of an occurrence
28	28	involving a firearm or ammunition transported or stored in
29	29	accordance with this section.
30	30	(c) This section does not prohibit a public or private
31	31	employer from adopting a policy requiring that any firearm
32	32	described by Subsection (a), while on property controlled by the
33	33	employer, must be stored in a locked, privately owned motor vehicle
34	34	and hidden from plain view or locked in a case or container located
35	35	in the vehicle while the vehicle is unattended.
36	36	(d) This section does not prohibit a public or private
37	37	employer from prohibiting an employee who holds a license to carry a
38	38	concealed handgun under Subchapter H, Chapter 411, Government Code,
39	39	or who otherwise lawfully possesses a firearm, from transporting or
40	40	storing a firearm the employee is authorized by law to possess in a
41	41	locked, privately owned motor vehicle in a parking area the
42	42	employer provides employees if:
43	43	(1) access to the parking area is restricted or
44	44	limited through the use of a fence, gate, security station, sign, or
45	45	other means of restricting or limiting general public access; and
46	46	(2) the employer provides:
47	47	(A) an alternative location on the employer's
48	48	property for the employee to securely store the employee's unloaded
49	49	firearm while on the employer's property; or
50	50	(B) an alternative parking area reasonably close
51	51	to the main parking area in which employees and other persons may
52	52	transport or store firearms in locked, privately owned motor
53	53	vehicles.
54	54	(e) This section does not prohibit an employer from
55	55	prohibiting an employee who holds a license to carry a concealed
56	56	handgun under Subchapter H, Chapter 411, Government Code, or who
57	57	otherwise lawfully possesses a firearm, from possessing a firearm
58	58	the employee is otherwise authorized by law to possess on the
59	59	premises of the employer's business. In this subsection,
60	60	"premises" has the meaning assigned by Section 46.035(f)(3), Penal
61	61	Code.
62	62	(f) This section does not apply to a vehicle owned or leased
63	63	by a public or private employer and used by an employee in the
64	64	course and scope of the employee's employment, unless the employee
65	65	is required to transport or store a firearm in the official
66	66	discharge of the employee's duties.
67	67	(g) This section does not authorize a person who holds a
68	68	license to carry a concealed handgun under Subchapter H, Chapter
69	69	411, Government Code, who otherwise lawfully possesses a firearm,
70	70	or who lawfully possesses ammunition to possess a firearm or
71	71	ammunition on any property where the possession of a firearm or
72	72	ammunition is prohibited by state or federal law.
73	73	SECTION 2. Section 411.203, Government Code, is amended to
74	74	read as follows:
75	75	Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
76	76	not prevent or otherwise limit the right of a public or private
77	77	employer to prohibit persons who are licensed under this subchapter
78	78	from carrying a concealed handgun on the premises of the business.
79	79	In this subsection, "premises" has the meaning assigned by Section
80	80	46.035(f)(3), Penal Code.
81	81	SECTION 3. The change in law made by this Act applies only
82	82	to a cause of action that accrues on or after the effective date of
83	83	this Act. A cause of action that accrues before that date is
84	84	governed by the law as it existed immediately before the effective
85	85	date of this Act, and that law is continued in effect for that
86	86	purpose.
87	87	SECTION 4. This Act takes effect September 1, 2009.