TexasCHLforum.com

oohrah wrote:Turns out I was mis-informed. As of the 2011 law ( 52.061), my school's policy is now "employees who hold valid concealed handgun licenses may store a concealed firearm in a locked, privately owned motor vehicle parked in a (school) parking lot or parking garage."

Aggie_engr wrote: Keith,

Would the new law that goes into effect Sept 1st (SB1907) specifically protect anyone that parks their vehicle on the campus of an institution of higher education by prohibiting the institution from enforcing any rule, regulation including posting the parking lot with 30.06? The law specifies any person, including students enrolled at said insitution are protected. It would seem that faculty and staff would be included in that.

  "...independent institution of higher education in this state may not
  adopt or enforce any rule, regulation, or other provision or take
  any other action, including posting notice under Section 30.06,
  Penal Code, prohibiting or placing restrictions on the storage or
  transportation of a firearm or ammunition in a locked, privately
  owned or leased motor vehicle by a person, including a student
  enrolled at that institution, who holds a license to carry a
  concealed handgun under this subchapter and lawfully possesses the
  firearm or ammunition:
               (1)  on a street or driveway located on the campus of
  the institution; or
               (2)  in a parking lot, parking garage, or other parking
  area located on the campus of the institution.
         SECTION 2.  This Act takes effect September 1, 2013."

nightmare69 wrote:

Keith B wrote:

oohrah wrote:Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

The TSRA wants to know about employers who are not following the law and still prohibit employees from legally possessing a firearm in their vehicle. I would suggest you contact them with details.

What about the Gun free zone act of 1990, would that federal law be enforceable in Texas?

oohrah wrote:Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

oohrah wrote:I teach at a private university. It is their policy that all firearms are prohibited on any of their property including parking lots. That is their right. As an employee, I have to obey their rules (or quit). They do recognize that they do not have legal authority over visitors who may have firearms in their vehicle in a parking lot (i.e, not legally "premises").

nobius wrote:What if you're a college employee? Can they prevent you from keeping your gun in your car?

.....
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) 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; or
(2) apply to:
(A) 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;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
.....

jsenner wrote:

jmra wrote:I work at a high school. Handbook says no guns on property. I am reluctant to ignore this policy as several times a year dogs are brought in to sniff out drugs in parked cars. Don't know if they are trained for detecting firearms/ammo but not willing to risk it.
If I worked at the elementary campus, no brainer.

Have you thought about saving the rags/etc from cleaning your guns and tossing them in the glovebox or trunk as a test? if the dogs light on it, you'll know and no foul...

nightmare69 wrote:

Keith B wrote:

nightmare69 wrote:
Actually, this is not 100% correct. MPA does not exempt a person carrying in their vehicle from the Gun Free School Zone Act. They can be arrested and charged under federal law if they are within 1000' of a school and unlicensed. However, the question comes up if local law enforcement can actually enforce that federal law. Either way, the school can ask the person to leave and if they don't then they can be charged with criminal trespass.

We have had high school kids bring rifles and shotguns in their vehicles on school property. Our school LEO says there is nothing he can do about it but tell them to go home and put the gun away. The DA will not prosecute them so he won't arrest them.

nightmare69 wrote:The only people they could ban carrying are employees. I told them there is nothing they can do if a unlicensed visitor has a firearm in their vehicle carrying under the MPA act. Also any visitor who has a CHL can carry anywhere off premise. They most they could do is ask them to leave but they would never know if the person is armed anyway.

Arming teachers/staff will never happen at my ISD, they have the money to hire LEOs.

Banning employees from keeping a firearm in their personal vehicle leaves them defenseless from their commute to and from work and anywhere in between they may travel. During said commute is out of the scope of the employer.

nightmare69 wrote:

PREMISES
EXCEPTION

It is an exception to the application of this law that the property on
which the license holder carries a handgun is owned or leased by
the District and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
Penal Code 30.06 [See also FNCG]

nightmare69 wrote:I work for a public school also who prohibits weapons on school property. I found out though from the school attorney that if you have a valid CHL then you CAN have a firearm in your personal vehicle on school property. This is state law. I did some more research and found a article from Texas attorney general....

https://www.oag.state.tx.us/opinions/op ... ga0972.htm" onclick="window.open(this.href);return false;

From the summary...

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 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 on the circumstances, have the ability to sue an offending employer under the Uniform Declaratory Judgments Act.

So if you have a CHL and work for a ISD in Texas you can have a firearm in your personal vehicle on school property and there is nothing the school can do about it. School policy does CANNOT supercede state law.

After what I and the attorney told the school they went in and added in their school policy that if you have a CHL then you can keep your firearm in your personal vehicle on property.

S.B. No. 321

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 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.
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:(1) 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; or
(2) apply to:
(A) 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;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or
(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores 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 that is outside of a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly monitored by security personnel.
(b) Section 52.061 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.
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 on the employer's property under this subchapter.
(b) The presence of a firearm or ammunition on an employer's property 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 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.
Sec. 52.064. CONSTRUCTION OF PROVISION RELATING TO IMMUNITY FROM CIVIL LIABILITY. Section 52.063 does not limit or alter the personal liability of:
(1) an individual who causes harm or injury by using a firearm or ammunition;
(2) an individual who aids, assists, or encourages another individual to cause harm or injury by using a firearm or ammunition; or
(3) an employee who transports or stores a firearm or ammunition on the property of the employee's employer but who fails to comply with the requirements of Section 52.061.
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 section, "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, 2011.