S.B. No. 321
 
 
 
 
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 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 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 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. (a)  Except in
  cases of gross negligence, a public or private employer, or the
  employer's principal, officer, director, employee, or 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 that the employer is
  required to allow on the employer's property under this subchapter.
         (b)  The presence of a firearm or ammunition on an employer's
  property under the authority of this subchapter does not by itself
  constitute a failure by the employer to provide a safe workplace.
         (c)  For purposes of this section, a public or private
  employer, or the employer's principal, officer, director,
  employee, or agent, does not have a duty:
               (1)  to patrol, inspect, or secure:
                     (A)  any parking lot, parking garage, or other
  parking area the employer provides for employees; or
                     (B)  any privately owned motor vehicle located in
  a parking lot, parking garage, or other parking area described by
  Paragraph (A); or
               (2)  to investigate, confirm, or determine an
  employee's compliance with laws related to the ownership or
  possession of a firearm or ammunition or the transportation and
  storage of a firearm or ammunition.
         Sec. 52.064.  CONSTRUCTION OF PROVISION RELATING TO IMMUNITY
  FROM CIVIL LIABILITY. Section 52.063 does not limit or alter the
  personal liability of:
               (1)  an individual who causes harm or injury by using a
  firearm or ammunition;
               (2)  an individual who aids, assists, or encourages
  another individual to cause harm or injury by using a firearm or
  ammunition; or
               (3)  an employee who transports or stores a firearm or
  ammunition on the property of the employee's employer but who fails
  to comply with the requirements of Section 52.061.
         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.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 321 passed the Senate on
  March 15, 2011, by the following vote:  Yeas 30, Nays 1;
  May 17, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 20, 2011, House
  granted request of the Senate; May 27, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 29,
  Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 321 passed the House, with
  amendments, on May 4, 2011, by the following vote:  Yeas 117,
  Nays 29, two present not voting; May 20, 2011, House granted
  request of the Senate for appointment of Conference Committee;
  May 26, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 130, Nays 11, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor