82R9898 JSC-D
By: Simpson H.B. No. 2890
A BILL TO BE ENTITLED
AN ACT
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. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.2031 to read as follows:
Sec. 411.2031. RESTRICTION ON STATE AGENCY PROHIBITIONS.
(a) A state agency may not prohibit an employee of the agency who
holds a license to carry a concealed handgun under Subchapter H,
Chapter 411, Government Code, from transporting or storing a
handgun of the same category the person is licensed to carry:
(1) in a locked, privately owned motor vehicle or a
motor vehicle leased by the employee in a parking lot, parking
garage, or other parking area the agency provides for employees; or
(2) in a motor vehicle owned or leased by the state
agency if the employee is traveling in the motor vehicle in the
official discharge of the employee's duties.
(b) Subsection (a) does not:
(1) prohibit a state agency from adopting a policy
requiring that a handgun described by Subsection (a), while on
property controlled by the agency, must be stored in a locked,
privately owned motor vehicle or a motor vehicle leased by the
employee and hidden from plain view or locked in a case or container
located in the vehicle while the vehicle is unattended; or
(2) authorize a state employee to carry a concealed
handgun on any property where the possession of a firearm is
prohibited by state or federal law.
(c) Subsection (a) does not prohibit a state agency from
prohibiting an employee who holds a license to carry a concealed
handgun under Subchapter H, Chapter 411, Government Code, from
carrying a concealed handgun on the premises of the agency. In this
subsection, "premises" has the meaning assigned by Section
46.035(f)(3), Penal Code.
(d) In this section, state agency means:
(1) a department, commission, board, office, or other
agency in the executive branch of state government, created under
the constitution or a statute, with statewide authority;
(2) a university system or an institution of higher
education as defined by Section 61.003, Education Code;
(3) the supreme court, the court of criminal appeals,
another entity in the judicial branch of state government with
statewide authority, or a court of appeals; or
(4) a legislative agency listed in Section 326.001.
(e) To the extent of a conflict between this section and
Section 411.203, this section controls.
SECTION 2. This Act takes effect September 1, 2011.