Texas AG Opinion on Employer Parking Lot Bill

Gun, shooting and equipment discussions unrelated to CHL issues

Moderator: carlson1

User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 7
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Texas AG Opinion on Employer Parking Lot Bill

#1

Post by Charles L. Cotton »

In May, Senator Deuell (R, A+) made an official request for an AG opinion covering the rights of employees under SB321 (a/k/a "employer parking lot bill"). He did so in response to complaints made by employees about employers trying to assert absurd reasons to ignore the law that went into effect on Sept. 1, 2011.

Texas Attorney General Greg Abbott (R, A+) issued his AG Opinion (GA-0972) today and it is great! Employers trample the rights of gun owners at their peril. The entire opinion is attached, but the summary is as follows:
GA-0972 wrote:An employer subject to section 52.061 of the Labor Code may not ban the transport and storage of handguns in locked private vehicles by employees with concealed handgun licenses in employee parking areas by a posting the notice authorized by section 30.06 of the Penal Code.

A federally approved facility security plan under either the Maritime Transportation Security Act or the Chemical Facility Anti-Terrorism Standards is not federal law that would preempt section 52.061 of the Labor Code.

No statute of which we are aware provides a specific remedy for employees whose employers violate section 52.061. And the Legislature has not authorized this office or any other state agency to take corrective action. Despite the lack of a statutory remedy, an aggrieved employee may, depending upon the circumstances, have the ability to sue the offending employer under the Uniform Declaratory Judgments Act.
Thank you Senator Deuell and General Abbott!!

Chas.
Attachments
GA-0972 -Opinion on Parking Lots.pdf
(307.25 KiB) Downloaded 148 times
User avatar

Keith B
Moderator
Posts in topic: 3
Posts: 18502
Joined: Sat Aug 18, 2007 3:29 pm

Re: Texas AG Opinion on Employer Parking Lot Bill

#2

Post by Keith B »

:thumbs2: :hurry: :clapping:

Now tell me Texas doesn't have some very pro-gun folks in high places!
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
User avatar

Jumping Frog
Senior Member
Posts in topic: 1
Posts: 5488
Joined: Wed Aug 25, 2010 9:13 am
Location: Klein, TX (Houston NW suburb)

Re: Texas AG Opinion on Employer Parking Lot Bill

#3

Post by Jumping Frog »

Pretty clear and direct guidance. Glad to see it.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
User avatar

anygunanywhere
Senior Member
Posts in topic: 3
Posts: 7874
Joined: Fri Apr 01, 2005 9:16 am
Location: Richmond, Texas

Re: Texas AG Opinion on Employer Parking Lot Bill

#4

Post by anygunanywhere »

Jumping Frog wrote:Pretty clear and direct guidance. Glad to see it.
Already printed and in my desk droor.

Anygunanywhere
"When democracy turns to tyranny, the armed citizen still gets to vote." Mike Vanderboegh

"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand

Chris
Senior Member
Posts in topic: 3
Posts: 611
Joined: Sat Mar 12, 2005 10:32 pm
Location: DFW

Re: Texas AG Opinion on Employer Parking Lot Bill

#5

Post by Chris »

So typical of the government. Enact a law, and skirt it completely by having absolutely no means of enforcing it. We have so many laws like that it can't even be taken seriously anymore.
User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 7
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Texas AG Opinion on Employer Parking Lot Bill

#6

Post by Charles L. Cotton »

Chris wrote:So typical of the government. Enact a law, and skirt it completely by having absolutely no means of enforcing it. We have so many laws like that it can't even be taken seriously anymore.
That is not what happened, but I can't go into details. The DJA is available and we plan to fix it in 2013.

Chas.
User avatar

cbunt1
Senior Member
Posts in topic: 2
Posts: 812
Joined: Mon Feb 09, 2009 12:48 pm
Location: NW Houston, TX
Contact:

Re: Texas AG Opinion on Employer Parking Lot Bill

#7

Post by cbunt1 »

Chris wrote:So typical of the government. Enact a law, and skirt it completely by having absolutely no means of enforcing it. We have so many laws like that it can't even be taken seriously anymore.
That's not really the way I read it...it means that ANY AND ALL remedies are indeed available to one who is wronged, including possibly the Uniform Declaratory Judgements Act.

Of course, I am not a lawyer, don't play one on TV, and didn't stay in a Holiday Inn Express last night...
American by birth, Texan by the grace of God!
User avatar

cbunt1
Senior Member
Posts in topic: 2
Posts: 812
Joined: Mon Feb 09, 2009 12:48 pm
Location: NW Houston, TX
Contact:

Re: Texas AG Opinion on Employer Parking Lot Bill

#8

Post by cbunt1 »

Chas. answered faster than I could type :)

So there we have it...it's good, and it'll get better!

Remember, these things take time, and steps. We didn't lose so many of our rights overnight, and we won't get them back overnight either.
American by birth, Texan by the grace of God!
User avatar

Keith B
Moderator
Posts in topic: 3
Posts: 18502
Joined: Sat Aug 18, 2007 3:29 pm

Re: Texas AG Opinion on Employer Parking Lot Bill

#9

Post by Keith B »

Yeah, it's called 'baby steps' when you are working through these types of legislative changes. There was enough opposition to the bill as is when passed last session, so if there had been employer penalties tied to it I doubt it would have passed. When you have an elephant as big as regaining our lost gun rights is, you can't eat it all in one bite.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

cowboymd
Senior Member
Posts in topic: 1
Posts: 352
Joined: Sat Nov 01, 2008 8:25 am
Location: Grayson County

Re: Texas AG Opinion on Employer Parking Lot Bill

#10

Post by cowboymd »

Within the year prior to Parking Lot Carry being passed, a co-worker of mine inquired whether CHL carriers would be allowed to carry in their personal vehicles on the property. The head of security responded with "it would never be allowed". Since Parking Lot carry has been implemented, there hasn't been one word said or email sent concerning the change in the law, though the 30.06 signs remain at the entrances of the parking lots. Nice to know we have support if problems ever arise. Thank you Sen. Deuell and AG Abbott. :txflag:
TSRA Member
NRA Life Member
User avatar

Topic author
Charles L. Cotton
Site Admin
Posts in topic: 7
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Texas AG Opinion on Employer Parking Lot Bill

#11

Post by Charles L. Cotton »

The Senate Criminal Justice Committee held a public hearing in Austin on an Interim Study on the Implementation of SB321 (employer parking lot bill) this past Tuesday and I was invited to testify, along with Alice Tripp (TSRA) and Tara Micca (NRA lobbyist). Senator Hegar (SB321 author) was present and asked some excellent questions. It was clear to everyone that most companies, including many who strongly opposed SB321, are complying with the now law, but there are some who are not. A few of the noncompliant companies range from novel approaches to out-and-out violation of the law. However, most of the noncompliant companies are simply unaware of, or misinformed about, the requirements of SB321.

I recommended some changes and I suspect they will be included in a bill to strengthen the law. Senator Hegar also deserves our thanks and support for many years of working to pass this bill, and for not abandoning it once it passed! This truly is a labor of love for a Senator dedicated to preserving the rights of gun owners.

Chas.
User avatar

Big Bronze Rim
Member
Posts in topic: 1
Posts: 99
Joined: Mon Mar 08, 2010 4:27 pm
Location: San Antonio, TX

Re: Texas AG Opinion on Employer Parking Lot Bill

#12

Post by Big Bronze Rim »

Great news!

RHenriksen
Senior Member
Posts in topic: 1
Posts: 2058
Joined: Sun Mar 01, 2009 1:59 pm
Location: Houston

Re: Texas AG Opinion on Employer Parking Lot Bill

#13

Post by RHenriksen »

Great to hear, thanks
Charles L. Cotton wrote:The Senate Criminal Justice Committee held a public hearing in Austin on an Interim Study on the Implementation of SB321 (employer parking lot bill) this past Tuesday and I was invited to testify, along with Alice Tripp (TSRA) and Tara Micca (NRA lobbyist). Senator Hegar (SB321 author) was present and asked some excellent questions. It was clear to everyone that most companies, including many who strongly opposed SB321, are complying with the now law, but there are some who are not. A few of the noncompliant companies range from novel approaches to out-and-out violation of the law. However, most of the noncompliant companies are simply unaware of, or misinformed about, the requirements of SB321.

I recommended some changes and I suspect they will be included in a bill to strengthen the law. Senator Hegar also deserves our thanks and support for many years of working to pass this bill, and for not abandoning it once it passed! This truly is a labor of love for a Senator dedicated to preserving the rights of gun owners.

Chas.
I'll quit carrying a gun when they make murder and armed robbery illegal

Houston Technology Consulting
soup-to-nuts IT infrastructure design, deployment, and support for SMBs
User avatar

WildBill
Senior Member
Posts in topic: 1
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Texas AG Opinion on Employer Parking Lot Bill

#14

Post by WildBill »

Keith B wrote::thumbs2: :hurry: :clapping:

Now tell me Texas doesn't have some very pro-gun folks in high places!
Thanks for the post Charles. :thumbs2:
NRA Endowment Member

mrvmax
Senior Member
Posts in topic: 1
Posts: 2023
Joined: Tue Oct 25, 2005 7:16 pm
Location: Friendswood

Re: Texas AG Opinion on Employer Parking Lot Bill

#15

Post by mrvmax »

Whatever part you played in this, thanks Charles.I'm glad we have people advocating for our gun rights.
Post Reply

Return to “General Gun, Shooting & Equipment Discussion”