Texas Law Regarding Company Policies

This is a discussion on Texas Law Regarding Company Policies within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Has Texas Law changed concerning having a firearm on company property? I know it is not against the law to have a firearm at your ...

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Thread: Texas Law Regarding Company Policies

  1. #1
    Member Array brandy_easttx's Avatar
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    Texas Law Regarding Company Policies

    Has Texas Law changed concerning having a firearm on company property? I know it is not against the law to have a firearm at your work location of the company policy states you can not have a firearm on the property, it's just against the policy and you can be disciplined over having one if you get caught. My question is, has there been something recently or ever adopted that someone can have a firearm in their vehicle on company property and the company can't do anything about it?

    Please help if you know of anything that would help someone that was caught with an unloaded shotgun, in a case, in the backseat of their their truck at work.

    Thanks. Not a scenario, this is actual situation.

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  3. #2
    New Member Array cowboyrob's Avatar
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    Texas gun owners protected at work

    If legally owned and ocurring after 9/1/09, your friend should be ok

    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.

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    Sounds like they are covered if it happened after 9/1/09... depending on the particular details of the incident...
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    VIP Member Array dukalmighty's Avatar
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    You might advise your friend in the future that any gun in a vehicle in plain sight would be a great incentive for a criminal to break in their car and put another stolen gun on the streets,but as far as penal code looks like they may be legally ok
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  6. #5
    Member Array jamullinstx's Avatar
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    Texas employer parking lot bill

    The bill quoted below, unfortunately, did not pass in the legislature. It, along with many other bills, were the victim of "chubbing" by Democrats in the legislature in order to prevent consideration of the voter ID bill.

    A few good provisions of interest to CHL holders were included in the DPS Sunset bill at the close of the session, but the employer parking lot bill provisions were not.

    So, employers can still prohibit possession of a firearm in your automobile on their property, fire you if found in violation with no recourse available to you, the employee.


    Quote Originally Posted by cowboyrob View Post
    If legally owned and ocurring after 9/1/09, your friend should be ok

    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.

  7. #6
    Member Array 3dfxMM's Avatar
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    They can also post their property, including the parking facilities, with 30.06 signage which would make it illegal for you to enter with a handgun in your car if you have a Texas CHL.

  8. #7
    Member Array MBtech87's Avatar
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    What if you drive a company vehicle, and that is your PRIMARY mode of transportation for the time being on-call (24/7) while working.. It's not your vehicle sure, but if pulled over and handed LEO insurance, DL, and CHL... would there be an issue??
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  9. #8
    Member Array 3dfxMM's Avatar
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    I am not sure what you are asking. The LEO won't care about it being a work vehicle, nor will the LEO know or care whether or not your company has a policy against weapons being in the vehicle. If your company does have such a policy then you can be fired for breaking that policy. Regardless of company policy, if you have a CHL and you carry past a valid 30.06 sign, you are in violation of the law.

  10. #9
    Member Array jamullinstx's Avatar
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    Posting parking lot with 30.06

    Yes, they could post the parking lot with 30.06, but then it affects their customers, too. Companies are loathe to do that.


    Quote Originally Posted by 3dfxMM View Post
    They can also post their property, including the parking facilities, with 30.06 signage which would make it illegal for you to enter with a handgun in your car if you have a Texas CHL.

  11. #10
    Member Array 3dfxMM's Avatar
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    Unfortunately, not all of them are. My employer has both a policy against firearms on company property and valid 30.06 signs at the entrances to the property.

  12. #11
    VIP Member Array farronwolf's Avatar
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    Don't think there is any way around it for the fellow. If the employer notified the employee, as in verbally or in the employee handbook then they have there rear ends in a crack.

    30.06 signs have nothing to do with it, since a 30.06 sign have no bearing on a person without a CHL. The shotgun in the back seat doesn't fall anywhere under concealed carry laws or discussion.

    Friend can be fired, and possibly be charged with criminal tresspass for bringing the gun onto property when they were told not to.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  13. #12
    New Member Array bigmojo's Avatar
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    Time to look for a new employer! - Well, maybe when things turn around.

    Quote Originally Posted by 3dfxMM View Post
    Unfortunately, not all of them are. My employer has both a policy against firearms on company property and valid 30.06 signs at the entrances to the property.

  14. #13
    Member Array brandy_easttx's Avatar
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    My husband is a union rep for the guy in trouble. He asked me to ask yall here. So the laws stated above are...or are not in effect?

  15. #14
    Member Array brandy_easttx's Avatar
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    He won't lose his job. But he will be on probation. Chalk one up for unions. They told him to never return to the property, but within 4 hours my husband had his job back with stiff probation and a level of discipline on his record unless he can find a loophole

  16. #15
    Member Array brandy_easttx's Avatar
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    Oh. And thank yall very much. The guy was headed out when he got off work for opening day of dove season.

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