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