81R6231 KSD-F
 
  By: Hegar S.B. No. 730
 
 
 
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)  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.
         (b)  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 Subsection (a),
  for damages resulting from or arising out of an occurrence
  involving a firearm or ammunition transported or stored in
  accordance with this section.
         (c)  This section does not prohibit a public or private
  employer from adopting a policy requiring that any firearm
  described by Subsection (a), 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.
         (d)  This section does not 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:
               (1)  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
               (2)  the employer provides:
                     (A)  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
                     (B)  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.
         (e)  This section 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.
         (f)  This section does not 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.
         (g)  This section does not 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.
         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 subsection, "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, 2009.