2011 Legislative Changes to Concealed Handgun Licensing Act
Senate Bill 321 (82nd Leg. R.S.)
Senate Bill 321 amends the Labor Code to prohibit a public or private employer from prohibiting an employee who holds a concealed handgun license issued by the Department of Public Safety or who otherwise lawfully possesses a firearm or ammunition from transporting or storing a firearm or ammunition the employee is lawfully authorized to possess in a locked, privately owned motor vehicle in a parking area the employer provides for employees, with certain exceptions. The bill specifies that the prohibition does not prohibit an employer from prohibiting an employee who holds a concealed handgun license, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. “Premises” has the meaning provided in Penal Code Section 46.035(f)(3).
The bill provides immunity from civil liability for a public or private employer or the employer's principal, officer, director, employee, or agent for any damages resulting from or arising out of an occurrence involving a firearm or ammunition transported or stored in accordance with the bill's provisions, except in cases of gross negligence,and establishes that such immunity does not limit or alter the personal liability of an individual or employee who engages in certain actions involving a firearm or ammunition. The bill amends Section 411.203 of the Government Code (which addresses the rights of employers to prohibit employees from carrying on the premises of the business) to incorporate the definition of “premises” provided in Penal Code Section 46.035(f)(3)).
Senate Bill 321 amends the Labor Code to prohibit a public or private employer from prohibiting an employee who holds a concealed handgun license issued by the Department of Public Safety or who otherwise lawfully possesses a firearm or ammunition from transporting or storing a firearm or ammunition the employee is lawfully authorized to possess in a locked, privately owned motor vehicle in a parking area the employer provides for employees, with certain exceptions. The bill specifies that the prohibition does not prohibit an employer from prohibiting an employee who holds a concealed handgun license, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. “Premises” has the meaning provided in Penal Code Section 46.035(f)(3).
The bill provides immunity from civil liability for a public or private employer or the employer's principal, officer, director, employee, or agent for any damages resulting from or arising out of an occurrence involving a firearm or ammunition transported or stored in accordance with the bill's provisions, except in cases of gross negligence,and establishes that such immunity does not limit or alter the personal liability of an individual or employee who engages in certain actions involving a firearm or ammunition. The bill amends Section 411.203 of the Government Code (which addresses the rights of employers to prohibit employees from carrying on the premises of the business) to incorporate the definition of “premises” provided in Penal Code Section 46.035(f)(3)).
2009 Legislative Changes to Concealed Handgun Licensing Act
Gov’t Code Chapter 411, Subchapter H “The Concealed Handgun Licensing Act” 81st Legislative Session
Effective September 1, 2009 referenced from the TxDPS website
Effective September 1, 2009 referenced from the TxDPS website
1. Definitions of ‘Conviction’ and ‘Felony’
Section 411.171 is amended to exclude from the definition of „conviction‟ those convictions or orders of deferred adjudication that have been:
"vacated, set-aside, annulled, invalidated, voided, or sealed."
The most common situation is likely to be a conviction “set-aside,” which may (but need not) follow the successful completion of probation.
Section 411.172 is amended to classify an offense as a “felony” by reference to the law at the time it is committed (instead of the law at the time of application), unless, at the time of application, the classification has been reduced from a felony to a misdemeanor. In other words, if the individual was convicted of a felony, but the law now defines it as a misdemeanor, then it is a misdemeanor; in all other cases we look to the classification on the judgment.
2. Failure to Display
Failure to display the license upon demand for identification by peace officer will no longer be grounds for suspension of license (currently 90 day suspension).
3. Deferred Adjudication Felony Exemption
Section 411.1711, entitled “Certain Exemptions from Convictions,” currently disqualifies only those offenses provided in Title 5 and Chapter 29 of the Texas Penal Code from the application of this exemption for felony-level deferred adjudications over ten years old. The amendments add the following disqualifying offenses (precluding application of the exemption): Burglary of a Habitation or Shelter, and Violation of Protective Order Issued on Basis of Sexual Assault.
4. Student Loan Disqualifier
Subsection (12) of Section 411.172, “Eligibility” is repealed, thereby eliminating student loan defaults as a disqualifier.
5. Incompetence
The five-year limitation on the use of an involuntary commitment or hospitalization as evidence of a psychiatric disorder has been removed.
The two year limitation on an individual if who has received court-ordered, outpatient treatment has been removed.
Section 411.171 is amended to exclude from the definition of „conviction‟ those convictions or orders of deferred adjudication that have been:
"vacated, set-aside, annulled, invalidated, voided, or sealed."
The most common situation is likely to be a conviction “set-aside,” which may (but need not) follow the successful completion of probation.
Section 411.172 is amended to classify an offense as a “felony” by reference to the law at the time it is committed (instead of the law at the time of application), unless, at the time of application, the classification has been reduced from a felony to a misdemeanor. In other words, if the individual was convicted of a felony, but the law now defines it as a misdemeanor, then it is a misdemeanor; in all other cases we look to the classification on the judgment.
2. Failure to Display
Failure to display the license upon demand for identification by peace officer will no longer be grounds for suspension of license (currently 90 day suspension).
3. Deferred Adjudication Felony Exemption
Section 411.1711, entitled “Certain Exemptions from Convictions,” currently disqualifies only those offenses provided in Title 5 and Chapter 29 of the Texas Penal Code from the application of this exemption for felony-level deferred adjudications over ten years old. The amendments add the following disqualifying offenses (precluding application of the exemption): Burglary of a Habitation or Shelter, and Violation of Protective Order Issued on Basis of Sexual Assault.
4. Student Loan Disqualifier
Subsection (12) of Section 411.172, “Eligibility” is repealed, thereby eliminating student loan defaults as a disqualifier.
5. Incompetence
The five-year limitation on the use of an involuntary commitment or hospitalization as evidence of a psychiatric disorder has been removed.
The two year limitation on an individual if who has received court-ordered, outpatient treatment has been removed.
