Since September 1, 2011, employees have been able to store certain firearms in their vehicles on company property. The signing of Senate Bill 321, otherwise known as the "Parking Lot" law, by Governor Rick Perry amended the Texas Labor Code to expand legal rights for gun owners. The Parking Lot law provides that a public or private employer may not prohibit an employee who lawfully possesses a firearm from keeping the weapon in a locked, privately owned vehicle in parking areas provided by the employer.
The newly enacted statute has a few exceptions. First, it does not affect or attempt to override any state or federal law prohibiting the possession of a firearm or ammunition on certain property. Additionally, the law does not apply to (1) company owned or leased vehicles; (2) school districts; (3) open-enrollment charter schools; (4) private schools; (5) certain property owned by a person other than the employer, which is subject to an oil, gas, or other mineral lease prohibiting the possession of firearms on the property; and (6) under certain circumstances, property owned or leased by a chemical manufacturer or oil and gas refiner. Finally, the law does not restrict any statutory rights a public or private employer may have concerning its ability to prohibit persons from carrying concealed handguns in its building.
Employers are immune from any civil liability related to any occurrence involving a firearm or ammunition that the employer is required to allow on the employer's property unless gross negligence is shown. Further, employers do not have a duty to (1) patrol, inspect, or secure any parking area or any privately owned motor vehicle located in a parking area or (2) investigate an employee's compliance with gun-related laws. While this gives employers a good deal of protection, employers cannot ignore that they could still be a target for litigation.
Interestingly, there are no penalties enumerated for noncompliance with the law. Further, there is no guidance on whether an employer could be liable to an at-will employee that was terminated for exercising his or her rights under the law. Unlike other laws, the Parking Lot law does not specifically provide for a private right of action for an affected employee.
Employers should consider updating their policies to advise employees of the legal requirements for keeping firearms in their vehicles while on company property. Employers may also want to explain their immunity under the law and that employees could be personally liable for any damages that could occur. Finally, regardless of whether employees store firearms in their vehicles, reminding them to lock their vehicles and to report any suspicious activity on company property are prudent policies to have or implement.
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