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by quidni
Fri Nov 17, 2006 9:38 pm
Forum: 2007 Texas Legislative Session
Topic: Discussion of Pending Bills
Replies: 50
Views: 8544

barres wrote:
quidni wrote:Would the State of Texas be considered a "public" or a "private" employer? I'm thinking "public" but I can see some admins trying to enforce this based on the "employees only, gated and monitored" clauses.
I don't know the answer to whether the State is a public or private employer, but I don't know of any State agency that doesn't at least allow their employees to carry to and from work and store their weapons in their vehicles. Even TDCJ (the prison system) has a policy allowing its employees with CHL's to store their guns in their vehicles, and carry into a prison facility is statutorily prohibited.
The DOT employee manual prohibits firearms in the office, and in any employee vehicle that's parked in a "DOT-owned" parking lot. The parking lot issue doesn't impact me personally, yet, but it will if our office is moved in a year or so when our current lease is up. Our District Office (which is where we'd relocate to) has a gated parking lot, and they're putting a security guard at the receptionist's counter by the public entrance.

I don't think the higher-ups at DOT realize that their "gunbuster" posting is unenforceable for the general public, either.
by quidni
Thu Nov 16, 2006 8:09 pm
Forum: 2007 Texas Legislative Session
Topic: Discussion of Pending Bills
Replies: 50
Views: 8544


Sec. 411.203. RIGHTS OF EMPLOYERS; LIMITATION ON LIABILITY.
(a) 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.
(b) Except as otherwise provided by this subsection, a
public or private employer may not establish, maintain, or enforce
any policy or rule that has the effect of prohibiting a person
licensed under this subchapter from transporting or storing a
concealed handgun in a locked vehicle in any parking lot, parking
garage, or other designated parking area.
A private employer may
prohibit an employee from transporting or storing a concealed
handgun in a vehicle in a parking lot, parking garage, or other
parking area the employer provides for employees if:
(1) the parking lot, garage, or other area is
completely surrounded by a gate and is not open to the public; and
(2) ingress to and egress from the parking lot,
garage, or other area are monitored by security personnel.
(c) A public or private employer is not liable in a civil
action for damages resulting from an occurrence involving the
possession of a concealed handgun by a person licensed under this
subchapter.
(d) This section does not authorize a person licensed under
this subchapter to carry a concealed handgun on any premises where
the carrying of a concealed handgun is prohibited by state or
federal law.


Would the State of Texas be considered a "public" or a "private" employer? I'm thinking "public" but I can see some admins trying to enforce this based on the "employees only, gated and monitored" clauses.

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