SB730 - Employer parking lot bill filed

Nov 21, 2008
65
16
Friendswood, TX
A+ rated Sen. Hegar has filed SB730 which, if passed, will protect employees from employer policies forbidding the storage of firearms in the employee's locked motor vehicle while in a company parking lot, garage or other parking area. This is a very good bill without the notice requirements that raised much concern last session.

For more information, please go to TexasCHLforum.com • View topic - 2009 Status Report of Bills Filed - Texas

Chas.
 

SIG_Fiend

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Feb 21, 2008
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Here's the text of the bill ;-):

Texas Legislature Online - 81(R) History for SB 730
81(R) SB 730 - Introduced version - Bill Text

81R6231 KSD-F

By: Hegar S.B. No. 730



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) 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.
(b) Except in cases of gross negligence, a public or private employer or the employer's agent is not liable in a civil action, other than a civil action based on a violation of Subsection (a), for damages resulting from or arising out of an occurrence involving a firearm or ammunition transported or stored in accordance with this section.
(c) This section does not prohibit a public or private employer from adopting a policy requiring that any firearm described by Subsection (a), while on property controlled by the employer, must be stored in a locked, privately owned motor vehicle and hidden from plain view or locked in a case or container located in the vehicle while the vehicle is unattended.
(d) This section does not prohibit a public or private 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 transporting or storing a firearm the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking area the employer provides employees if:
(1) access to the parking area is restricted or limited through the use of a fence, gate, security station, sign, or other means of restricting or limiting general public access; and
(2) the employer provides:
(A) an alternative location on the employer's property for the employee to securely store the employee's unloaded firearm while on the employer's property; or
(B) an alternative parking area reasonably close to the main parking area in which employees and other persons may transport or store firearms in locked, privately owned motor vehicles.
(e) This section 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.
(f) This section does not apply to 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.
(g) This section does not 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.
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 subsection, "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, 2009.
 

TexasRedneck

1911 Nut
Lifetime Member
Jan 23, 2009
12,610
113
New Braunfels, TX
It's an excellent start! Takes care of most things, but in a lot of places there's a fenced employee parking area. That's fine - but the second the employee hits the street, he's a potential unarmed victim again. At least, that's the way I read it.

But hey - it's a step in the right direction. Once all the folks realize that the world doesn't end because law-abiding citizens can carry a gun to work, they can revisit and try to relax it a bit more.
 

SIG_Fiend

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Feb 21, 2008
7,128
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Austin, TX
It's an excellent start! Takes care of most things, but in a lot of places there's a fenced employee parking area. That's fine - but the second the employee hits the street, he's a potential unarmed victim again. At least, that's the way I read it.

But hey - it's a step in the right direction. Once all the folks realize that the world doesn't end because law-abiding citizens can carry a gun to work, they can revisit and try to relax it a bit more.
Well if you look at this part:

(1) access to the parking area is restricted or limited through the use of a fence, gate, security station, sign, or other means of restricting or limiting general public access; AND
(2) the employer provides:........
The only way a private employer is allowed to restrict it is if they also provide a place to securely store the firearm while on the employer's property, OR they provide a separate parking area.....I dunno I guess for those with firearms stored in their cars. ;) The creating a separate parking area part is kind of iffy though. I could see that getting challenged or lawsuits being filed over that should it be enacted with that specific stipulation as that would be separating and identifying all vehicles on the property that contain stored firearms, which is just asking for theft issues.
 

45tex

TGT Addict
Feb 1, 2009
2,768
113
Great news! Now if open carry can get introduced we will be going somewhere.
 
Nov 21, 2008
65
16
Friendswood, TX
It's an excellent start! Takes care of most things, but in a lot of places there's a fenced employee parking area. That's fine - but the second the employee hits the street, he's a potential unarmed victim again. At least, that's the way I read it.

But hey - it's a step in the right direction. Once all the folks realize that the world doesn't end because law-abiding citizens can carry a gun to work, they can revisit and try to relax it a bit more.
It is highly unlikely a company will set up a "special" lot just for people with guns in cars. About the only place I can see this actually being used is in the petrochemical industry. Plants commonly have a general parking area for most people including employees, and an inner fenced area protecting the plant. Some people, typically supervisory personnel, can park inside the inner fence. It is this inner fenced area close to the working units that companies would most likely make off-limits. In the last to legislative sessions, this has become known as the "two fence rule" and it was created specifically for the petrochemical industry to counter their arguments about the operating units.

Unlike last session, this also applies to all legally possessed firearms, not just CHLs.

Chas.
 

tllstaco

New Member
Dec 30, 2008
31
6
Support for SB730

I think this is wonderful. Just got done writing Senator Hegar and my local Senator in support of the passage of this bill.
 

DRod

Active Member
Feb 22, 2009
215
16
I was just talking about this at work the other day.

Most of the convo agreed with the idea that we should be able to leave our guns in the car at work. But our HR folks refer to our "handbook" and tell us that its a violation of company conduct and punishable by termination. But it also states that they reserve the right to search, which includes our vehicles for any reason (sounds fishy right?). I ask about HB1815 and they tell me that of course I can have my gun in my car, just not on company property. Hmm, funny how that works. So... What they don't know wont hurt them.

I hope this passes to protect those who have the unfortunate luck, maybe me someday, to have their vehicles searched for who knows why.
 

thorkyl

Active Member
Oct 13, 2008
701
36
Brazoria County
As it stands now, March 23rd this will be heard in The House Public Safety Committee.

Keep us in your prayers as we go testify.
I will keep you advised on how it goes for us.
 

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