willfullyconcerned wrote:I work on a college campus in Houston and the police chief has already said they want to opt out. It makes absolutely no sense to me, especially with everything that has been happening. My gun is literally 40 feet away in my car, but i cannot carry inside my building.
Don't get caught with it in your car...they might not be able to get you in trouble for breaking the law, but they can "discipline" you for violating policy. Be careful.
I don't believe that's correct. Texas Labor Code, Chapter 52, Subchapter G, Section 52.061 states that an ""employer may not prohibit an employee who holds a license to carry a concealed handgun (3) . . . who otherwise lawfully possesses a firearm, . . . from transporting or storing a firearm . . . in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees." This clearly prohibits the employer from adopting an employee policy that bans firearms from the parking lot.
The Attorney General responded to a request from Senator Deuell for clarification of the meaning of the law. https://www.oag.state.tx.us/opinions/op ... ga0972.htm
" onclick="window.open(this.href);return false; They can't do it through 30.06 either.
For these reasons, we conclude that the exception set out in subsection 52.062(a)(1) does not include a notice posted under the authority of section 30.06. Accordingly, under section 52.061 of the Labor Code, an employer may not ban the transport and storage of firearms in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting notice under section 30.06 of the Penal Code.
If the employer takes action (such as discipline or termination) the employee would have a civil cause of action.
Your third question asks about the legal options available to employees whose employers violate section 52.061. See Request Letter at 2. Neither section 52.061 nor any other statute of which we are aware provides a specific remedy for employees. 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, which provides a mechanism for district courts to determine the parties' legal rights and obligations under a statute. See Tex. Civ. Prac. & Rem. Code Ann. §§ 37.001-.011 (West 2008). You also ask whether the Attorney General's Office or another state agency may seek corrective action against an employer who violates section 52.061. See Request Letter at 2. The Legislature has not authorized this office or any other state agency to take such action.
So rather than the employee worrying about violating policy, the employer should be worried about violating the law. I'm pretty sure a lawyer would take such a case on contingency since winning would be almost certain.