Return to “SB321: Employer parking lots”
Don't give up yet. Does your employer have "an air authorization under Chapter 382, Health and Safety Code" and, if they do, is "the primarycarpeneb wrote:Oh well, I guess I will just have to be a little more patient.
Thanks for the clarification.
Unless I'm reading it wrong, SB 321 as enrolled would not allow you to carry into the parking lot.carpeneb wrote:Yes. There is a larger fence that surrounds both the parking lot and the plant.
You have to badge into the parking lot, then badge through an employee turnstile to gain access to the plant proper.
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.