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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rights and liabilities of an employer regarding |
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an employee's access to a firearm. |
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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 PENALIZING EMPLOYEE FOR STORAGE OF |
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FIREARM IN MOTOR VEHICLE |
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Sec. 52.061. PENALIZING EMPLOYEE FOR STORAGE OF FIREARM IN |
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MOTOR VEHICLE; LIMITATION ON EMPLOYER LIABILITY. (a) In this |
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section, "firearm" has the meaning assigned by Section 46.01, Penal |
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Code. |
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(b) A public or private employer may not discharge, |
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discipline, or penalize in any manner an employee because the |
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employee transported or stored a firearm in the employee's locked |
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motor vehicle, regardless of whether the vehicle was located on the |
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employer's property. |
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(c) An employee discharged in violation of this section is |
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entitled to reinstatement to the same position in which the |
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employee was employed immediately before the employee was |
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discharged. |
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(d) An employee who is discharged, disciplined, or |
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otherwise penalized in violation of this section may bring a civil |
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action against the employer to enforce rights protected by this |
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subchapter. An employee who prevails in such an action is entitled |
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to recover: |
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(1) lost wages and any other compensation lost as a |
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result of the employee being discharged, disciplined, or penalized; |
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(2) reinstatement to the same position or status the |
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employee held immediately before the employee was discharged, |
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disciplined, or penalized; and |
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(3) reasonable attorney's fees. |
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(e) This section does not prohibit an employer from |
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prohibiting an employee from carrying a firearm on the premises of |
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the employer's business. In this subsection, "premises" has the |
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meaning assigned by Section 46.035(f), Penal Code. |
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(f) This section does not authorize a person to carry a |
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firearm on any property where the carrying of a firearm is |
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prohibited by state or federal law. |
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(g) A public or private employer is not liable in a civil |
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action for damages resulting from an occurrence involving the |
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storage of a firearm in the motor vehicle of an employee. |
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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), 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, 2007. |