Bill Text: TX HB681 | 2011-2012 | 82nd Legislature | Comm Sub

Texas House Bill 681 (Prior Session Legislation)

Bill Title: 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.

Spectrum: Strong Partisan Bill (Republican 93-7)

Status: (Introduced - Dead) 2011-05-03 - Laid on the table subject to call [HB681 Detail]

Download: Texas-2011-HB681-Comm_Sub.html

	82R13304 KSD-F

	By: Kleinschmidt, Hardcastle, Guillen,	H.B. No. 681
	Fletcher, Geren, et al.

	Substitute the following for H.B. No. 681:

	By: Orr	C.S.H.B. No. 681



	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 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.
	Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
	(1) 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; or
	(2) apply to:
	(A) 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;
	(B) a school district;
	(C) an open-enrollment charter school, as
	defined by Section 5.001, Education Code;
	(D) a private school, as defined by Section
	22.081, Education Code;
	(E) property owned or controlled by a person,
	other than the employer, that is subject to a valid, unexpired oil,
	gas, or other mineral lease executed before September 1, 2011, that
	contains a provision prohibiting the possession of firearms on the
	property; or
	(F) property owned or leased by a chemical
	manufacturer or oil and gas refiner with an air authorization under
	Chapter 382, Health and Safety Code, and on which the primary
	business conducted is the manufacture, use, storage, or
	transportation of hazardous, combustible, or explosive materials,
	except in regard to an employee who holds a license to carry a
	concealed handgun under Subchapter H, Chapter 411, Government Code,
	and who stores the handgun in a locked, privately owned motor
	vehicle in a parking lot, parking garage, or other parking area the
	employer provides for employees that is outside of a secured and
	restricted area:
	(i) that contains the physical plant;
	(ii) that is not open to the public; and
	(iii) the ingress into which is constantly
	monitored by security personnel.
	(b) Section 52.061 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.
	Sec. 52.063. IMMUNITY FROM CIVIL LIABILITY. Except in
	cases of gross negligence, a public or private employer or the
	employer's agent is not liable in a civil action for personal
	injury, death, property damage, or any other damages resulting from
	or arising out of an occurrence involving a firearm or ammunition
	transported or stored in accordance with Section 52.061, including
	an action for damages arising from the theft of the firearm or
	ammunition or the use of the firearm or ammunition by a person other
	than the employee authorized by Section 52.061 to transport or
	store the firearm or ammunition. The presence of a firearm or
	ammunition transported or stored in the manner and in a location
	described by Section 52.061 does not by itself constitute a failure
	by the employer to provide a safe workplace.
	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 section, "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, 2011.