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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) prohibit a public or private employer from |
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adopting a policy requiring that any firearm described by Section |
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52.061, while on property controlled by the employer, must be |
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stored in a locked, privately owned motor vehicle and hidden from |
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plain view or locked in a case or container located in the vehicle |
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while the vehicle is unattended; |
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(2) prohibit a public or private 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 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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(A) 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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(B) the employer provides: |
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(i) an alternative location on the |
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employer's property for the employee to securely store the |
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employee's unloaded firearm while on the employer's property; or |
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(ii) an alternative parking area reasonably |
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close to the main parking area in which employees and other persons |
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may transport or store firearms in locked, privately owned motor |
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vehicles; |
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(3) 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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(4) apply to 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) 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, other than a civil |
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action based on a violation of Section 52.061, for damages |
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resulting from or arising out of an occurrence involving a firearm |
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or ammunition transported or stored in accordance with Section |
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52.061. |
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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. |