By: Hegar S.R. No. 1177
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, Regular Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill 321 (employee's transportation and storage of
certain firearms or ammunition while on certain property owned or
controlled by the employee's employer) to consider and take
action on the following matter:
Senate Rule 12.03(1) is suspended to permit the committee
to change text not in disagreement in proposed SECTION 1 of the
bill, in added Section 52.063, Labor Code, 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 on the employer's property under
this subchapter.
(b) The presence of a firearm or ammunition on an
employer's property 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 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.
Explanation: This change is necessary to clarify the
responsibilities and immunity from civil liability of persons
under this Act.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 27, 2011, by the
following vote: Yeas 29, Nays 2.
_______________________________
Secretary of the Senate