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SB730 - Employer parking lot bill filed

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  • Rating - 0%
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    Nov 21, 2008
    65
    1
    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.
    Gun Zone Deals
     

    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

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    Jan 23, 2009
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    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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    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

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    Great news! Now if open carry can get introduced we will be going somewhere.
     
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    Nov 21, 2008
    65
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    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

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    Dec 30, 2008
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    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

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    Feb 22, 2009
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    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

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    Oct 13, 2008
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    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.
     
    Rating - 0%
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    Nov 21, 2008
    65
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    Friendswood, TX
    SB730, the parking lot bill in the Senate, is set for public hearing in the Senate Criminal Justice Committee on Tuesday, March 17that 1:30pm, if the Senate has adjourned, or upon Senate adjournment if that comes after 1:30pm.

    You can watch the hearing by going to Senate Live Feed and selecting the Criminal Justice Committee. If you don't see anything going on at 1:30, check to see if the Senate is still in session for the day.

    We have all of the witnesses lined up, and in this committee that won't be many. It should be interesting and get ready for opposing arguments that are long on emotion and short on facts.

    Chas.
     

    Texas1911

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    State Senator John Carona (R-16)
    512-463-0116

    State Senator Rodney Ellis (D-13)
    512-463-0113

    State Senator Glenn Hegar (R-18)
    512-463-0118

    State Senator Juan "Chuy" Hinojosa (D-20)
    512-463-0120

    State Senator Dan Patrick (R-7)
    512-463-0107
     

    rayj8524

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    Dec 21, 2008
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    Great news! Now if open carry can get introduced we will be going somewhere.

    My Representative, David Farabee, told me in a letter that the dead line has passed to introduce the open carry bill. I am encouraged that although a democrat, he is in support of these 2 bills.

    Good luck on Tues, 3/17.
    :patriot:
     

    DRod

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    Feb 22, 2009
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    SB730, the parking lot bill in the Senate, is set for public hearing in the Senate Criminal Justice Committee on Tuesday, March 17that 1:30pm, if the Senate has adjourned, or upon Senate adjournment if that comes after 1:30pm.

    You can watch the hearing by going to Senate Live Feed and selecting the Criminal Justice Committee. If you don't see anything going on at 1:30, check to see if the Senate is still in session for the day.

    We have all of the witnesses lined up, and in this committee that won't be many. It should be interesting and get ready for opposing arguments that are long on emotion and short on facts.

    Chas.

    So what became of it? I missed it. :(
     

    GPtwins

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    Mar 15, 2009
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    note:
    (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

    This means if your employer puts a gate on the parking lot, you cannot park your car there with a gun in it. I already wrote my congress critter to amend this legislation striking this requirement.
     

    txinvestigator

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    May 28, 2008
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    note:
    This means if your employer puts a gate on the parking lot, you cannot park your car there with a gun in it.

    No, that is NOT what it means.

    1. Even if there was not an "AND" with additional requirements it would not automatically mean you cannot park your car there with a gun in it. It would mean the empoyer COULD prohibit it by policy.

    2. You failed to include the "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.

    The section you quoted ONLY will apply if the employer does one of those two things.
     

    DCortez

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    Taken from an NRA email I received. My thanks where just sent.



    URGE YOUR STATE SENATOR DAN PATRICK
    TO SUPPORT SB 730, THE EMPLOYEE PROTECTION BILL
    Please contact your State Representative Today!

    This week, your State Senator Dan Patrick signed on as a co-author to Senate Bill 730, NRA-backed legislation to allow employees to store legally-owned firearms in their locked, private motor vehicles while parked at work.

    Please take a moment to email Sen. Patrick and thank him for supporting hard-working Texans' right to protect themselves and to transport legally-owned firearms in their cars and trucks.

    You may send an email to Sen. Patrick by visiting The Texas State Senate: District 7
     
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