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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rights and liabilities of an employer regarding |
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an employee's access to a concealed handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 52, Labor Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. RESTRICTIONS ON PENALIZING EMPLOYEE FOR STORAGE OF |
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CONCEALED HANDGUN IN MOTOR VEHICLE |
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Sec. 52.061. PENALIZING EMPLOYEE FOR STORAGE OF A CONCEALED |
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HANDGUN IN MOTOR VEHICLE. (a) A public or private employer may not |
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discharge, discipline, or penalize in any manner an employee |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code, because the employee transported or stored a |
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handgun in the employee's locked motor vehicle in a parking lot, |
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parking garage, or other parking area the employer provides for |
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employees if the employee has filed with the employee's immediate |
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supervisor: |
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(1) a written statement signed by the employee stating |
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that the employee: |
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(A) is licensed to carry a concealed handgun |
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under Subchapter H, Chapter 411, Government Code; |
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(B) intends to store a concealed handgun in the |
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employee's locked motor vehicle while parked in a parking lot, |
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parking garage, or other parking area the employer provides for |
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employees; and |
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(C) may not remove the handgun from the |
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employee's vehicle for any purpose other than self-defense in the |
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immediate parking area; and |
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(2) a copy of the employee's license to carry a |
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concealed handgun issued to the employee by the Department of |
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Public Safety under Subchapter H, Chapter 411, Government Code. |
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(b) An employee discharged in violation of this section is |
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entitled to reinstatement to the same position in which the |
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employee was employed immediately before the employee was |
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discharged. |
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(c) An employee who is discharged, disciplined, or |
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otherwise penalized in violation of this section may bring a civil |
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action against the employer to enforce rights protected by this |
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subchapter. An employee who prevails in such an action is entitled |
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to recover: |
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(1) lost wages and any other compensation lost as a |
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result of the employee being discharged, disciplined, or penalized; |
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(2) reinstatement to the same position or status the |
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employee held immediately before the employee was discharged, |
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disciplined, or penalized; and |
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(3) reasonable attorney's fees. |
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(d) It is a defense to an action by an employee under this |
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section that: |
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(1) the employer provided the employee an alternative |
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location on the employer's property for the employee to securely |
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store the employee's handgun while on the employer's property; and |
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(2) the employee did not store the employee's handgun |
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in that alternate location. |
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(e) This section does not prohibit an employer from |
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discharging, disciplining, or penalizing an employee who stores a |
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handgun in the employee's motor vehicle in a parking area of the |
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employer without having satisfied the requirements of Subsection |
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(a). |
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(f) This section does not prohibit an employer from |
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prohibiting an employee licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code, from carrying a firearm |
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on the premises of the employee's business. In this subsection, |
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"premises" has the meaning assigned by Section 46.035(f)(3), Penal |
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Code. |
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(g) This section does not authorize a person licensed under |
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Subchapter H, Chapter 411, Government Code, to carry a concealed |
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handgun on any property where the carrying of a concealed handgun is |
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prohibited by state or federal law. |
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SECTION 2. Section 411.203, Government Code, is amended to |
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read as follows: |
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Sec. 411.203. RIGHTS OF EMPLOYERS; LIMITATION ON LIABILITY. |
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(a) This subchapter does not prevent or otherwise limit the right of |
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a public or private employer to prohibit persons who are licensed |
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under this subchapter from carrying a concealed handgun on the |
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premises of the business. In this subsection, "premises" has the |
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meaning assigned by Section 46.035(f)(3), Penal Code. |
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(b) A public or private employer is not liable in a civil |
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action for damages resulting from an occurrence involving the |
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storage in a parking area of the employer of a concealed handgun in |
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the motor vehicle of an employee who is licensed under this |
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subchapter. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before that date is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |