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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 ACCESS TO OR |
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STORAGE OF CONCEALED HANDGUN |
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Sec. 52.061. PENALIZING EMPLOYEE FOR ACCESS TO OR STORAGE |
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OF A CONCEALED HANDGUN. (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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because the employee: |
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(1) applied for a license to carry a concealed handgun |
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under Subchapter H, Chapter 411, Government Code; |
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(2) holds a license under that subchapter; or |
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(3) transports or stores a handgun the employee is |
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licensed to carry under that subchapter in the employee's locked |
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motor vehicle in a parking lot, parking garage, or other parking |
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area the employer provides for employees if the handgun is hidden |
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from plain view and the employee has filed with the employee's |
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immediate supervisor: |
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(A) a written statement signed by the employee |
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stating that the employee: |
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(i) is licensed to carry a concealed |
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handgun under Subchapter H, Chapter 411, Government Code; |
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(ii) intends to store a concealed handgun |
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in the employee's locked motor vehicle while parked in a parking |
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lot, parking garage, or other parking area the employer provides |
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for employees; and |
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(iii) 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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(B) 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) Subsection (a)(3) does not apply to an employer of an |
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employee who transports or stores a handgun in a motor vehicle that |
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the employee is actively using in the course and scope of the |
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employee's employment. For purposes of this subsection, the course |
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and scope of the employee's employment does not include travel |
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between the employee's home and the employee's place of employment. |
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(c) 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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(d) 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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(e) It is a defense to an action by an employee alleging that |
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the employee was discharged, disciplined, or penalized in violation |
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of Subsection (a)(3) 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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(f) 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)(3). |
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(g) 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 employer'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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(h) 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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(i) Notwithstanding Subsection (a)(3), an employer may |
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prohibit an employee described by that subsection from transporting |
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or storing a handgun in the employee's locked motor vehicle in a |
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parking area the employer provides employees if: |
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(1) the parking area is completely surrounded by a |
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fence and is not open to the public; |
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(2) ingress to and egress from the parking area are |
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constantly monitored by security personnel; and |
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(3) the employer provides an alternate parking area in |
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close proximity for the employee in which the employee may |
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transport or store a handgun in the employee's locked motor vehicle |
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in accordance with Subsection (a)(3). |
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(j) This section does not apply to a parking area on any |
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property owned or leased by an employer who is required to submit a |
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risk management plan under Section 550 of the Department of |
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Homeland Security Appropriations Act of 2007 (Pub. L. No. 109-295) |
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and contracts with the National Aeronautics and Space |
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Administration and the employer's employees work at a National |
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Aeronautics and Space Administration facility in a county with a |
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population of over 3.3 million. |
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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 |
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of 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. |