Which State Agencies permit employees to carry?

[ELB]

Time for a little thread resurrection:

.... When I worked for TABC, they did not allow CHLs to carry, but I don't know if that has changed...

Looks like it changed:

But the attorney general’s office, the Texas Department of Transportation, the Texas Alcohol Beverage Commission and the Texas Commission on Environmental Quality join DPS in generally allowing it[concealed carry by employee with license].

http://trailblazersblog.dallasnews.com/ ... -job.html/

Time to update my original post.

[ELB]

Updated my original post to include HHSC.

[srothstein]

I was at a meeting for active shooter training (standard run, hide, fight stuff) the other day. Part of the discussion brought out that the Comptroller's office is getting a new firearms policy. I think, based on the Comptroller's election stances that it will probably include concealed carry in some form but will ban open carry (based on it being to great a change from the existing policy). That is just my guess though, since the people running the class did not know what it will have.

I was glad to note that I was not the only one who saw the 30.06 sign on the door in the video and commented that the active shooter couldn't happen there. We also noted that we wouldn't have to improvise weapons if they let us carry our own.

[ELB]

... I think, based on the Comptroller's election stances that it will probably include concealed carry in some form ....

Good to hear, I hope you are correct. Keep us posted.

[Breny414]

TxDOT employees can currently CC, and that will not change after January 1st. i.e., no OC for employees.

[ELB]

TxDOT employees can currently CC, and that will not change after January 1st. i.e., no OC for employees.

Thanks!

[ELB]

Just added the Office of the Governor. Per Alice Tripp's TSRA email:

Governor Abbott recently set the tone for the new law and the New Year by adopting a policy that individuals properly licensed under Chapter 411, Subchapter H, of the Texas Government Code may carry a handgun openly or concealed on the premises of the Office of the Governor in accordance with state law. Similarly, the Texas Legislature did not impose any new restrictions on carrying in the Capitol by individuals in possession of a valid License to Carry with passage of HB 910.

[mojo84]

Excellent news from the governor's office. Will interesting how many actually do it.

[Scott Farkus]

Doesn't the Governor have executive authority over most every agency other than those headed by another elected official? Is there any reason he can't issue that same directive to those agencies, or at least instruct his appointed agency heads to do so?

[ELB]

Just added the Office of the Governor. Per Alice Tripp's TSRA email:

Governor Abbott recently set the tone for the new law and the New Year by adopting a policy that individuals properly licensed under Chapter 411, Subchapter H, of the Texas Government Code may carry a handgun openly or concealed on the premises of the Office of the Governor in accordance with state law. Similarly, the Texas Legislature did not impose any new restrictions on carrying in the Capitol by individuals in possession of a valid License to Carry with passage of HB 910.

I just realized this doesn't actually say that employees of the Office of the Governor can carry. I may have to call them about this.

[ELB]

Doesn't the Governor have executive authority over most every agency other than those headed by another elected official? Is there any reason he can't issue that same directive to those agencies, or at least instruct his appointed agency heads to do so?

Interesting question, and I believe the answer may be that his executive authority may not reach all that far outside of the Office of the Governor even for the agencies that report to him.

I am a relative newcomer to Texas, having arrived for good in 1998, so my view of Texas government is not informed by whatever they teach in schools her, but from my perspective, the government is designed to diffuse power, to avoid concentrating it in anyone place --hence the number of top level executive positions that are elected rather than appointed.

It is further my working hypothesis that this diffusion is continued into the lower levels of executive governance. For example, the Department of Public Safety falls within the purview of the Governor. However, it appears to me that his direct control over the department is limited. By the Texas Constitution, "The Public Safety Commission controls the department." Period dot. The Governor appoints members of the Public Safety Commission, but only at the rate of one or two per year (six total members), and it does not appear he can remove them once appointed. He can choose and remove the commission chairman at his pleasure, but the members serve six year terms, and I don't think he can just replace them unless they die or are removed via legal process. (Non-relevant factoid: I was interested to note that you must be able to get a Secret-level security clearance from the Feds to serve on the PSC). I suspect this template of isolating the Governor's direct power over subordinate agencies is replicated throughout the government, given the (dizzying) number of commissions and boards there are supervising things.

Thus I don't think the Gov can just issue an "executive order" or any other order and just tell the various agencies to permit their personnel to carry under authority of the LTC. He certainly can influence things via appointments and budgetary power and bully pulpit, but I don't think direct intervention into personnel policies is within his legal powers.

I suspect at least part of this is by design, perhaps as a result of past battles in Texas history (such as when the Texas Rangers took sides in a gubernatorial dispute), and some it is probably old-fashioned power struggles between factions in and out of government and the legislature.

If there is anyone here who is schooled on the design (or lack thereof) of the Texas Constitution and how all this works, I am happy to be educated.

[rmr24]

Doesn't the Governor have executive authority over most every agency other than those headed by another elected official? Is there any reason he can't issue that same directive to those agencies, or at least instruct his appointed agency heads to do so?

In the email from TxDOT's Executive Director to TxDOT employees, he cited Government Code 411.203 as his authority to allow cancel carry, but not allow open carry by TxDOT employees.

Sec. 411.203. RIGHTS OF EMPLOYERS. 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 handgun on the premises of the business. In this section, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

[JP171]

the Texas state guard disallows weapons to be carried in uniform period absent orders to the contrary, they can and will process chapter 15 of the TCMJ or Texas code of military justice chapter 15 non judicial punishment. it doesn't matter if your in your own vehicle or not in the parking lot or not, you carry without orders you loose

Interesting. Who can issue such an order, and has he or she done so?

The governor or chain of command, yes it has been done but not very often and has a lot of restrictions on who can and when they can and the use of the weapon as much as 30 pages for ROE

update! shortly after this original post the TAG changed the weapons policy ALL members, employees and contractors may carry a privately owned firearm while in uniform and on duty. This does come with a few restrictions and they may change later but as of now the weapon must be concealed, cannot be carried if you have been issued your military weapon from the arms room and like we all know NOT on federal property. it is allowed to be carried on all state installations in state vehicles basically according to Texas law, commanders are not allowed to attempt to change this policy in any way shape or form, they may not ask to see a license, they may not attempt to confiscate the weapon, they may not force you to use your weapon in a military capacity, and they are n0ot allowed to tell those under their command that they cannot carry or how they may carry with the exception of it must be concealed and stay that way unless legally allowed to unconcealed. Thank you General Nichols.

edited to add the date on the policy is 17 dec 2015

[ELB]

...

update! shortly after this original post the TAG changed the weapons policy ALL members, employees and contractors may carry a privately owned firearm while in uniform and on duty. ...

Good! And thanks for the update!

Do you have a link to, or a copy of the new policy?

Thanks again!

[oljames3]

...

update! shortly after this original post the TAG changed the weapons policy ALL members, employees and contractors may carry a privately owned firearm while in uniform and on duty. ...

Good! And thanks for the update!

Do you have a link to, or a copy of the new policy?

Thanks again!

https://www.txmf.us/jftx-p15-08-persona ... rms-policy

I've known Major General Nichols since he was a bird colonel (O-6). He is a good officer, leader, and manager. One of the handful of officers I would gladly follow into combat.