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A BILL TO BE ENTITLED
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AN ACT
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relating to an employee's transportation and storage of certain |
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firearms or ammunition while on certain property owned or |
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controlled by the employee's employer. |
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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 PROHIBITING EMPLOYEE TRANSPORTATION |
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OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION |
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Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO |
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OR STORAGE OF FIREARM OR AMMUNITION. (a) A public or private |
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employer may not prohibit an employee who holds a license to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code, |
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who otherwise lawfully possesses a firearm, or who lawfully |
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possesses ammunition from transporting or storing a firearm or |
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ammunition the employee is authorized by law to possess in a locked, |
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privately owned motor vehicle in a parking lot, parking garage, or |
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other parking area the employer provides for employees. |
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(b) Except in cases of gross negligence, a public or private |
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employer or the employer's agent is not liable in a civil action, |
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other than a civil action based on a violation of Subsection (a), |
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for damages resulting from or arising out of an occurrence |
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involving a firearm or ammunition transported or stored in |
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accordance with this section. |
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(c) This section does not prohibit a public or private |
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employer from adopting a policy requiring that any firearm |
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described by Subsection (a), while on property controlled by the |
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employer, must be stored in a locked, privately owned motor vehicle |
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and hidden from plain view or locked in a case or container located |
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in the vehicle while the vehicle is unattended. |
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(d) This section does not prohibit a public or private |
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employer from prohibiting an employee who holds a license to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code, |
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or who otherwise lawfully possesses a firearm, from transporting or |
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storing a firearm the employee is authorized by law to possess in a |
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locked, privately owned motor vehicle in a parking area the |
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employer provides employees if: |
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(1) access to the parking area is restricted or |
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limited through the use of a fence, gate, security station, sign, or |
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other means of restricting or limiting general public access; and |
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(2) the employer provides: |
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(A) an alternative location on the employer's |
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property for the employee to securely store the employee's unloaded |
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firearm while on the employer's property; or |
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(B) an alternative parking area reasonably close |
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to the main parking area in which employees and other persons may |
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transport or store firearms in locked, privately owned motor |
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vehicles. |
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(e) This section does not prohibit an employer from |
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prohibiting an employee who holds a license to carry a concealed |
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handgun under Subchapter H, Chapter 411, Government Code, or who |
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otherwise lawfully possesses a firearm, from possessing a firearm |
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the employee is otherwise authorized by law to possess on the |
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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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(f) This section does not apply to a vehicle owned or leased |
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by a public or private employer and used by an employee in the |
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course and scope of the employee's employment, unless the employee |
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is required to transport or store a firearm in the official |
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discharge of the employee's duties. |
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(g) This section does not authorize a person who holds a |
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license to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code, who otherwise lawfully possesses a firearm, |
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or who lawfully possesses ammunition to possess a firearm or |
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ammunition on any property where the possession of a firearm or |
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ammunition is 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. This subchapter does |
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not prevent or otherwise limit the right of a public or private |
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employer to prohibit persons who are licensed under this subchapter |
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from carrying a concealed handgun on the premises of the business. |
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In this subsection, "premises" has the meaning assigned by Section |
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46.035(f)(3), Penal Code. |
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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, 2009. |