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by txinvestigator
Sun Jan 21, 2007 1:04 pm
Forum: 2007 Texas Legislative Session
Topic: Concern over HB220 and HB511
Replies: 33
Views: 6857

Re: Right to Work State

John R. Fuller wrote:Let us not forget that Texas is a Right to Work State. That means that an employer may discontinue your employment for any or no reason. You as the employee are allowed to discontinue your association with your employer for any or no reason.
Point of clarification. A Right to Work law secures the right of employees to decide for themselves whether or not to join or financially support a union. Texas IS a right to work state, but to what you are referring is at at will employment state.
by txinvestigator
Tue Jan 16, 2007 7:52 am
Forum: 2007 Texas Legislative Session
Topic: Concern over HB220 and HB511
Replies: 33
Views: 6857

Renegade wrote:
stevie_d_64 wrote:
Interesting...Need to digest this some more...Charles will say you're thinking like a law student...And I believe he means that in a nice way...

I'm not sure the "traveling exemption law" as we know it, is that warm a blanket to get totally comfortable with...
Yes, but you see the logic here. Same logic applies to gun shows that post 30.06. It does not really ban concealed carry of handguns by CHLs. I was carrying handguns into gun shows long before CHL law and it was legal under 46.15. Still is. We can save that oddity for another thread.
How is that under 46.15? I don't believe walking around show is a 'sporting activity where handguns are commonly used".
by txinvestigator
Mon Jan 15, 2007 2:49 pm
Forum: 2007 Texas Legislative Session
Topic: Concern over HB220 and HB511
Replies: 33
Views: 6857

Charles L. Cotton wrote:
Skiprr wrote:I could live with that just fine, but under the new bill, that would still be a misdemeanor if the employer posts the parking lot as off limits. Wouldn't be able to transport or store a concealed handgun in a vehicle in the parking lot, garage, etc. Wouldn't matter if I had it soldered underneath the muffler.
If the gun is in a locked trunk, then you would not be in violation of 30.06. That statute requires you to be carrying your handgun under the authority of your CHL. You are doing so only when it is "on or about your person" and that doesn't include in your trunk.

Chas.
:iagree:
by txinvestigator
Mon Jan 15, 2007 2:32 pm
Forum: 2007 Texas Legislative Session
Topic: Concern over HB220 and HB511
Replies: 33
Views: 6857

Re: Concern over HB220 and HB511

Skiprr wrote:First, am I going nuts or are HB220 and HB511 identical, word for word?

Second, I'm very concerned about them (both? either?). While on the one hand it's always a good thing to tighten down the wording and make things more explicit, on the other I know that for me, personally (and for a whole lot of other people who may not realize it yet), it's probably going to mean I'll have to stop carrying for well over 80% of the time I'm outside of my front door.

Why? It's the largest employers that are the ones with the wherewithal to meet the criteria for (b)(1) and (b)(2). For example, the company I work for has several different facilities in town that each house 2,000 or more employees. Today, all the buildings themselves are 30.06 posted. But the current statutes, I think, leave some interpretive room and, while all five of these facilities have parking lots that meet the new criteria and could be posted tomorrow (and, trust me; that posting will happen if the new bill passes), it isn't entirely clear if, today, an employee parking lot can be posted; so there are no signs at the entrances to the lots, only on the doors to the buildings. (Also keep in mind that employee parking lots of this size often mean there is no other parking option for employees within walking distance of the facility.)

The new bill(s) rewrite GC Section 411.203, which today simply reads:

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.

Penal Code Section 46.035 defines premises:

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
That definition of premise ONLY applies to the sections off limits in sections 46.03 and 46.035 of the penal code. Currently there is NOTHING preventing a private employer or business from posting in parking lots and making parking lots off limits for holders of CHL's.

What the new law does is restrict that ability for private employers.

If your employer currently posts 30.06 in the parking lot you are in violation of 30.06. Under the new law, you would not be in violation unless the employer met the requirements about fences, security, etc.

It is a step in the right direction.

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