82R9898 JSC-D

By: Simpson H.B. No. 2890

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. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.2031 to read as follows:

Sec. 411.2031. RESTRICTION ON STATE AGENCY PROHIBITIONS. (a) A state agency may not prohibit an employee of the agency who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun of the same category the person is licensed to carry:

(1) in a locked, privately owned motor vehicle or a motor vehicle leased by the employee in a parking lot, parking garage, or other parking area the agency provides for employees; or

(2) in a motor vehicle owned or leased by the state agency if the employee is traveling in the motor vehicle in the official discharge of the employee's duties.

(b) Subsection (a) does not:

(1) prohibit a state agency from adopting a policy requiring that a handgun described by Subsection (a), while on property controlled by the agency, must be stored in a locked, privately owned motor vehicle or a motor vehicle leased by the employee and hidden from plain view or locked in a case or container located in the vehicle while the vehicle is unattended; or

(2) authorize a state employee to carry a concealed handgun on any property where the possession of a firearm is prohibited by state or federal law.

(c) Subsection (a) does not prohibit a state agency from prohibiting an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, from carrying a concealed handgun on the premises of the agency. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

(d) In this section, state agency means:

(1) a department, commission, board, office, or other agency in the executive branch of state government, created under the constitution or a statute, with statewide authority;

(2) a university system or an institution of higher education as defined by Section 61.003, Education Code;

(3) the supreme court, the court of criminal appeals, another entity in the judicial branch of state government with statewide authority, or a court of appeals; or

(4) a legislative agency listed in Section 326.001.

(e) To the extent of a conflict between this section and Section 411.203, this section controls.

SECTION 2. This Act takes effect September 1, 2011.