TITLE: Relating to restricting employers from prohibiting certain employees from carrying, transporting, storing, or using handguns or ammunition.

SUMMARY: Relating to restricting employers from prohibiting certain employees from carrying, transporting, storing, or using handguns or ammunition.

FULL TEXT:
AN ACT relating to restricting employers from prohibiting certain employees from carrying, transporting, storing, or using handguns or ammunition. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Subchapter G, Chapter 52, Labor Code, is amended to read as follows: SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION,CARRYING, USE, OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION SECTION 2. Section 52.063, Labor Code, is amended to read as follows: 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 an employee to carry, transport, or store [on the employer's property] under this subchapter. (b) The presence of a firearm or ammunition on an employer's property,in an employee's vehicle, or on an employee's person 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:(A) whether an employee is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; or (B) 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. SECTION 3. Subchapter G, Chapter 52, Labor Code, is amended by adding Sections 52.065, 52.066, 52.067, and 52.068 to read as follows: Sec. 52.065. RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES FROM TRANSPORTING HANDGUNS IN CERTAIN VEHICLES. A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or ammunition the employee is authorized by law to possess in a motor vehicle that is owned or leased by the employee when the vehicle is not located on property owned or leased by the employer, regardless of whether the employee is engaged in performing duties on behalf of the employer. Sec. 52.066. RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES FROM CARRYING HANDGUNS. A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from carrying a concealed handgun or ammunition the employee is authorized by law to possess on the employee's person when the employee is not on property owned or leased by the employer, regardless of whether the employee is engaged in performing duties on behalf of the employer. Sec. 52.067. RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES FROM USING HANDGUNS IN SELF-DEFENSE. A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from using a firearm or ammunition under circumstances that justify the use pursuant to Sections 9.04, 9.31, or 9.32, Penal Code. Sec. 52.068. REMEDIES; INJUNCTION; ATTORNEY'S FEES. (a) A public or private employer who violates this subchapter is liable for reasonable damages and attorney's fees incurred by the employee as a result of the violation. (b) An employee discharged in violation of this subchapter is entitled to reinstatement in the employee's former position of employment. (c) A district court may restrain, for cause shown, a violation of this subchapter. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.