By: Estes	S.B. No. 1448

	A BILL TO BE ENTITLED
	AN ACT
	relating to restricting employers from prohibiting certain
	employees from carrying, transporting, storing, or using handguns
	or ammunition.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter G, Chapter 52, Labor
	Code, is amended to read as follows:
	SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE
	TRANSPORTATION, CARRYING, USE, OR STORAGE OF CERTAIN FIREARMS OR
	AMMUNITION
	SECTION 2.  Section 52.063, Labor Code, is amended to read as
	follows:
	Sec. 52.063.  IMMUNITY FROM CIVIL LIABILITY. (a) Except in
	cases of gross negligence, a public or private employer, or the
	employer's principal, officer, director, employee, or agent, is not
	liable in a civil action for personal injury, death, property
	damage, or any other damages resulting from or arising out of an
	occurrence involving a firearm or ammunition that the employer is
	required to allow an employee to carry, transport, or store [on the
	employer's property] under this subchapter.
	(b)  The presence of a firearm or ammunition on an employer's
	property, in an employee's vehicle, or on an employee's person under
	the authority of this subchapter does not by itself constitute a
	failure by the employer to provide a safe workplace.
	(c)  For purposes of this section, a public or private
	employer, or the employer's principal, officer, director,
	employee, or agent, does not have a duty:
	(1)  to patrol, inspect, or secure:
	(A)  any parking lot, parking garage, or other
	parking area the employer provides for employees; or
	(B)  any privately owned motor vehicle located in
	a parking lot, parking garage, or other parking area described by
	Paragraph (A); or
	(2)  to investigate, confirm, or determine:
	(A)  whether an employee is licensed to carry a
	handgun under Subchapter H, Chapter 411, Government Code; or
	(B)  an employee's compliance with laws related to
	the ownership or possession of a firearm or ammunition or the
	transportation and storage of a firearm or ammunition.
	SECTION 3.  Subchapter G, Chapter 52, Labor Code, is amended
	by adding Sections 52.065, 52.066, 52.067, and 52.068 to read as
	follows:
	Sec. 52.065.  RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES
	FROM TRANSPORTING HANDGUNS IN CERTAIN VEHICLES. A public or
	private employer may not prohibit an employee who holds a license to
	carry a handgun under Subchapter H, Chapter 411, Government Code,
	from transporting or storing a handgun or ammunition the employee
	is authorized by law to possess in a motor vehicle that is owned or
	leased by the employee when the vehicle is not located on property
	owned or leased by the employer, regardless of whether the employee
	is engaged in performing duties on behalf of the employer.
	Sec. 52.066.  RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES
	FROM CARRYING HANDGUNS. A public or private employer may not
	prohibit an employee who holds a license to carry a handgun under
	Subchapter H, Chapter 411, Government Code, from carrying a
	concealed handgun or ammunition the employee is authorized by law
	to possess on the employee's person when the employee is not on
	property owned or leased by the employer, regardless of whether the
	employee is engaged in performing duties on behalf of the employer.
	Sec. 52.067.  RESTRICTION ON PROHIBITING CERTAIN EMPLOYEES
	FROM USING HANDGUNS IN SELF-DEFENSE. A public or private employer
	may not prohibit an employee who holds a license to carry a handgun
	under Subchapter H, Chapter 411, Government Code, from using a
	firearm or ammunition under circumstances that justify the use
	pursuant to Sections 9.04, 9.31, or 9.32, Penal Code.
	Sec. 52.068.  REMEDIES; INJUNCTION; ATTORNEY'S FEES. (a) A
	public or private employer who violates this subchapter is liable
	for reasonable damages and attorney's fees incurred by the employee
	as a result of the violation.
	(b)  An employee discharged in violation of this subchapter
	is entitled to reinstatement in the employee's former position of
	employment.
	(c)  A district court may restrain, for cause shown, a
	violation of this subchapter.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2017.