HB 992 Committee report sent to Calendars 03/27/2007

[fadlan12]

H Committee report sent to Calendars 03/27/2007
H Committee report printed and distributed 03/26/2007 11:19 PM
H Comte report filed with Committee Coordinator 03/26/2007


I do like the law except having to file a statement:
Sec. 52.061. PENALIZING EMPLOYEE FOR STORAGE OF A CONCEALED
HANDGUN IN MOTOR VEHICLE. (a) A public or private employer may not
discharge, discipline, or penalize in any manner an employee
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code, because the employee transported or stored a
handgun in the employee's locked motor vehicle in a parking lot,
parking garage, or other parking area the employer provides for
employees if the employee has filed with the employee's immediate
supervisor:
(1) a written statement signed by the employee stating
that the employee:
(A) is licensed to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code;
(B) intends to store a concealed handgun in the
employee's locked motor vehicle while parked in a parking lot,
parking garage, or other parking area the employer provides for
employees; and (C) may not remove the handgun from the
employee's vehicle for any purpose other than self-defense in the
immediate parking area; and
(2) a copy of the employee's license to carry a
concealed handgun issued to the employee by the Department of
Public Safety under Subchapter H, Chapter 411, Government Code.

where I work there is not much discretion, this would be known buy the whole workplace in 5 mins.

[SC1903A3]

ditto on not liking 1, 1b and 2. I work at a University and I don't know that being able to store my pistol in my vehicle would be worth the grief.

[Liberty]

My company has no clear written policy about a CHL carrying. Once he was presented with such documents and letters he would immediately install a no gun policy I know he would. Actions and reactions.. Push and expect to be pushed back.

[RKirby]

As soon as the insurance company and the legal department catch wind of this, anyone that files the necessary notification will be on borrowed time.

Remember...Texas is an "at will" employment state. They don't need to give a reason to show you the door. IANAL but, it might be hard to prove a violation of this law on the employers part.

One other aspect of this law that I don't care for is the fact that providing intent of storing a firearm in your vehicle to your employer would also be providing a gun shopping list to a thief if that list or database were to fall into the wrong hands.

I think I'll stay with the current unofficial "don't ask, don't tell" policy that seems to work at my place of employment.

[Freedom4All]

Because of perceived fallout at work, the disclosure requirements will effectively prevent me from being able to store my handgun in my locked vehicle at work.

There must be some expectation that this information will benefit at least one of the parties involved but I just don't see what real value the notification adds. What is expected of the immediate supervisor? Seems to me the disclosure requirement only serves as a built in deterent for the employee.

[jrosto]

There is so much wrong with the notification requirement of this bill that given the choice, I would prefer no parking lot legislation this sesson over the chance that this one gets passed.

[KBCraig]

The notification requirement might be required for passage, but it also makes passage meaningless for most people. Any company that would fire someone for having a gun in the car, will find a way to fire them after receiving notification.

The bill only applies to CHLs, not to those who legally carry while "traveling", nor to long guns carried by non-CHL hunters or target shooters. It doesn't even apply to someone who bought a handgun on their lunch hour, and stored it securely in the trunk, with no ammunition available.

I know lots of people worked hard on this. Since I object to the basic premise (telling property owners what they must allow on their property), I was never in favor of passage, but I was willing to be happy for the proponents if a good bill stood a chance of passing. But even if I was 100% in favor of the basic premise, I wouldn't care if the bill as-is died an ugly death.

Kevin

[kauboy]

Whether it passes of fails is of little concern to me. This only applies if you:
1.) Have a CHL
2.) Give your employer notice
3.) Want to only have it in your car

I meet #1, but thats it. I won't be giving my employer notice, and I certainly won't be leaving it in my car. What good does that do me? I got my CHL to protect myself wherever I could, legally. Since my employer is not posted, nor incorporated 30.06 in the handbook, and verbal notice has never been given, then I will continue to have it right with me everyday.

This bill won't be protecting me from being fired, but since we are in an "at will" state, it won't help anyways.

Besides, my employer will never know, until its needed.

[O6nop]

Whether it passes of fails is of little concern to me. This only applies if you:
1.) Have a CHL
2.) Give your employer notice
3.) Want to only have it in your car

I meet #1, but thats it. I won't be giving my employer notice, and I certainly won't be leaving it in my car. What good does that do me? I got my CHL to protect myself wherever I could, legally. Since my employer is not posted, nor incorporated 30.06 in the handbook, and verbal notice has never been given, then I will continue to have it right with me everyday.

This bill won't be protecting me from being fired, but since we are in an "at will" state, it won't help anyways.

Besides, my employer will never know, until its needed.

4) have an employer who restricts weapons on property

I think it's really intended to give CHL holders the opportunity to have a gun with them before they enter the work parking lot and after. Since my employee restricts handguns on premises, including in the car in the parking lot, I will be unarmed if I decide to stop at the store on my way home from work. Since your employer doesn't forbid legal gun carry then it wouldn't apply directly to you. Just like minimum wage laws don't directly affect you if you are making $100,000 a year.

[mrvmax]

My employer specifically forbids ammo, handguns etc. anywhere on their property. I will have to think hard about this one when it it signed and into effect. I didn't realze it would involve giving notice to them. I have an exemplary record, so if I gave them this notice and they fired me, it would be pretty apparant why I was fired. I have considered leaving them, but it would cause a few problems. I would have to settle for lower pay, lose vaction time etc. I'll see how it works out. Does the law state that written notice has to be given prior? It seems that after I was caught I could give them this written notice and still comply, what do you think?

[Freedom4All]

My employer specifically forbids ammo, handguns etc. anywhere on their property. I will have to think hard about this one when it it signed and into effect. I didn't realze it would involve giving notice to them. I have an exemplary record, so if I gave them this notice and they fired me, it would be pretty apparant why I was fired. I have considered leaving them, but it would cause a few problems. I would have to settle for lower pay, lose vaction time etc. I'll see how it works out. Does the law state that written notice has to be given prior? It seems that after I was caught I could give them this written notice and still comply, what do you think?

mrvmax,

I think part (e) of the bill addresses your point:

(e) This section does not prohibit an employer from
discharging, disciplining, or penalizing an employee who stores a
handgun in the employee's motor vehicle in a parking area of the
employer without having satisfied the requirements of Subsection
(a).

[jrosto]

Giving written notice does several not so good things:

1. Most anti's are virulently anti. If your boss is an anti, at the minimum your future evaluations will be effected, at the most a reason to let you go will be found.

2. Every secretary in the office will know about it. At every company function, or function with co-workers, folks will be wondering if you are "packing".

3. Your car just became target #1 for the co-worker who needs a little extra cash or just wants a gun of his own.

I can not think of any good thing that notifying your employer in writing will do for you. Next you will have to notify them if you have a bible in the glove box, or a copy of Pravda under the seat.

[kauboy]

4) have an employer who restricts weapons on property

I think it's really intended to give CHL holders the opportunity to have a gun with them before they enter the work parking lot and after. Since my employee restricts handguns on premises, including in the car in the parking lot, I will be unarmed if I decide to stop at the store on my way home from work. Since your employer doesn't forbid legal gun carry then it wouldn't apply directly to you. Just like minimum wage laws don't directly affect you if you are making $100,000 a year.

Actually, my employee's handbook does forbid firearms. But, since I have a CHL, it has to include the exact wording of 30.06 to affect me. Since it doesn't, then legally I'm golden. I could always be fired for it, but not charged.
Even if this law passes, legally I don't have to inform them at all. So I won't be doing so.

[charlie]

I read that the big business lobbies are fighting this bill. They don't want employees to be able to bring guns on business property, even locked up in cars. With their ownership of our legislators through campaign financing, I'm afraid the business lobby will win.

Between this and their wanting to keep the border open to illegal workers, I think I see a pattern. They are not even trying to hide their desire for total control of the government and citizens.

[anygunanywhere]

We need to become the most vocal component that the congresscritters hear.

Congress answers to THE PEOPLE, not business.

Anygun