82R3677 KSD-D
 
  By: Hegar, Birdwell S.B. No. 321
 
 
 
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; or
                     (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.
         (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.