New Gun Laws
You Need To Know
 Here is a quick note to let you know that Governor Perry has signed into law the bills passed by the Texas Legislature at the end of its 2011 regularly scheduled session. These new laws include the following:
Senate Bill 321 is the "Employer Parking Lot" bill, which will require private employers to recognize their CHL holding employees' right to keep firearms or ammunition in their locked vehicle on employer property. This new law took effect on September 1. So employers' current policies prohibiting firearms in automobiles were valid until that date. Also, remember that this bill only applies to parking lots and there are several exceptions to this law including the following: - Where possession of a firearm is prohibited by state or federal law
- The vehicle is owned or leased by the employer;
- The employer is a school district, charter school or private school
- Possession of a firearm is prohibited by an oil, gas or mineral lease on the property; or
- The property is in a secured area which contains the physical plant of a chemical manufacturer or oil and gas refiner, whose primary business is the manufacture, use, storage or transportation of hazardous, combustible or explosive material.
Further, a few concerns which we discussed in our earlier newsletter continue to be unresolved. First, the law appears to only apply to CHL holders and not to every lawful gun owner. Also, the legislature did not provide any specific remedies or causes of action for a CHL holder terminated for having a firearm in his locked vehicle. It will be up to the courts or future legislature to find a solution if this becomes an issue. House Bill 2560 is now law, effective immediately, and prevents the Texas Department of Family and Protective Services from prohibiting CHL holders from transporting foster children in a motor vehicle where a handgun is kept in the CHL holder's possession. House Bill 423 became law and is effective immediately, therefore, an urban or rural transportation district will not be allowed to make safety regulations effecting CHL holders. House Bill 25 will now allow anyone who can lawfully possess a handgun to have one on a watercraft under the same conditions as handguns are allowed in motor vehicles. Thus, you may have a handgun concealed in your boat or watercraft if you are not violating any law other than a Class C misdemeanor regulating boating. In addition, you must not be a person who is prohibited from owning a firearm or a member of a criminal street gang. This law becomes effective on September 1, 2011, so for this summer, you must keep the handguns off the boats unless you are a CHL holder.
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