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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 public or private employer |
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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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Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not: |
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(1) authorize a person 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 to possess a firearm or ammunition on any |
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property where the possession of a firearm or ammunition is |
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prohibited by state or federal law; or |
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(2) apply to: |
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(A) a vehicle owned or leased by a public or |
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private employer and used by an employee in the course and scope of |
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the employee's employment, unless the employee is required to |
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transport or store a firearm in the official discharge of the |
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employee's duties; |
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(B) a school district; |
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(C) an open-enrollment charter school, as |
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defined by Section 5.001, Education Code; |
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(D) a private school, as defined by Section |
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22.081, Education Code; or |
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(E) property owned or controlled by a person, |
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other than the employer, that is subject to a valid, unexpired oil, |
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gas, or other mineral lease executed before September 1, 2011, that |
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contains a provision prohibiting the possession of firearms on the |
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property. |
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(b) Section 52.061 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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Sec. 52.063. IMMUNITY FROM CIVIL LIABILITY. Except in |
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cases of gross negligence, a public or private employer or the |
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employer's agent is not liable in a civil action for personal |
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injury, death, property damage, or any other damages resulting from |
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or arising out of an occurrence involving a firearm or ammunition |
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transported or stored in accordance with Section 52.061, including |
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an action for damages arising from the theft of the firearm or |
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ammunition or the use of the firearm or ammunition by a person other |
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than the employee authorized by Section 52.061 to transport or |
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store the firearm or ammunition. The presence of a firearm or |
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ammunition transported or stored in the manner and in a location |
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described by Section 52.061 does not by itself constitute a failure |
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by the employer to provide a safe workplace. |
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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 section, "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, 2011. |