82R5664 KSD-D
By: Lozano H.B. No. 954
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. 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.