Search found 7 matches

by Charles L. Cotton
Tue Nov 06, 2012 9:31 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Texas AG Opinion on Employer Parking Lot Bill
Replies: 42
Views: 7955

Re: Texas AG Opinion on Employer Parking Lot Bill

XinTX wrote:
Chris wrote:What remedies are there? Texas is an 'at will' state. If a company doesn't want you to carry on their property, they can still skirt the law by simply terminating the employee. I know one large company that has already issued that warning. I understand that it all has to start somewhere, but I just don't see any teeth.
Yep. Company basically says "open your car and permit a search". If you say 'no', it's bye-bye.
During the fight for the employer parking lot bill, I drafted a bill that would have made it a crime to require or even request to search an employee's car, or to require consent as a term of employment. It was not filed because it was a backup to the primary parking lot bill that passed.

Chas.
by Charles L. Cotton
Tue Nov 06, 2012 9:29 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Texas AG Opinion on Employer Parking Lot Bill
Replies: 42
Views: 7955

Re: Texas AG Opinion on Employer Parking Lot Bill

Chris wrote:What remedies are there? Texas is an 'at will' state. If a company doesn't want you to carry on their property, they can still skirt the law by simply terminating the employee. I know one large company that has already issued that warning. I understand that it all has to start somewhere, but I just don't see any teeth.


"Employment-at-will" does not allow the employer to violate any laws. Employers must comply with all state and federal laws and the new Labor Code sections created by SB321 are among those laws.

Currently, the only "teeth" is the Uniform Declaratory Judgment Act and it's not insignificant. Hopefully, the bite will get much worse in 2013, including a specific cause of action for employees, payment of the employee's attorney fees and expenses, and even a substantial civil fine. Since I testified to those items in the hearing last week, I'm not divulging any secrets.

Chas.
by Charles L. Cotton
Tue Nov 06, 2012 9:23 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Texas AG Opinion on Employer Parking Lot Bill
Replies: 42
Views: 7955

Re: Texas AG Opinion on Employer Parking Lot Bill

Send the name and contact information of your employer, along with their personnel policy, to Senator Hegar's office. Then wait until 2013 and see if we can put some very big teeth in the bill.

Chas.
C-dub wrote:Chris & XinTX, except for the 30.06 signs, my company and yours could be the same. I informed them of the new law two months before it became effective and inquired I could also be given permission to carry inside the building. Our employee handbook allows for such permission, but I don't know of anyone that has been granted that permission. I was told that they know the law and they are not going to change the policy and will not allow guns on the premises or property at all. They also forbid anyone from keeping their gun in their car in parking lots that don't belong to them and in our personal vehicles on any company related business.

We employ over 1,000 people and have multiple locations in North Texas. If one drives from one location to another in their personal vehicle they are forbidden to keep their gun in their vehicle. We were also required to sign a statement to the effect that we give them permission to search our vehicles whenever they want and if we refuse we may be terminated. This form is a condition of employment, but was not in effect when I was hired. It was implemented a few years latter and I was told I could either sign it or start looking for another job.

I have sent this information and a copy of the section from our employee handbook to the NRA person asking for this information.

Charles, I wish my company were one of those that just misunderstood or were unaware of the law, but I know they are aware of it and can only hope that they have been given bad advice from their corporate lawyer. However, based on the responses I have received I have my doubts and think they will have to be forced to comply. Just like any city that posts 30.06 on city property that is not otherwise prohibited, they are willing to take the risk that no one is going to challenge them except that they have one ace up their sleeve. They can fire me and a city can't fire a resident.

I will wait because I really like my job and I trust that when you say a remedy is in the works that there is a light at the end of the tunnel.


Thanks,
C-dub
by Charles L. Cotton
Mon Nov 05, 2012 10:59 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Texas AG Opinion on Employer Parking Lot Bill
Replies: 42
Views: 7955

Re: Texas AG Opinion on Employer Parking Lot Bill

doc540 wrote:What can we, Texas citizens, do to help?
Be ready to make phone calls and send faxes when the calls-to-action go out during the session. As always, timing is everything, not only in turning on the calls/faxes, but in turning them off when asked.

I'll open the 2013 Legislative thread when the first bills get pre-filed.

Chas.
by Charles L. Cotton
Mon Nov 05, 2012 3:14 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Texas AG Opinion on Employer Parking Lot Bill
Replies: 42
Views: 7955

Re: Texas AG Opinion on Employer Parking Lot Bill

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.
by Charles L. Cotton
Mon Nov 05, 2012 2:21 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Texas AG Opinion on Employer Parking Lot Bill
Replies: 42
Views: 7955

Re: Texas AG Opinion on Employer Parking Lot Bill

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.
by Charles L. Cotton
Mon Nov 05, 2012 2:00 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Texas AG Opinion on Employer Parking Lot Bill
Replies: 42
Views: 7955

Texas AG Opinion on Employer Parking Lot Bill

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.

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