Rick Perry - The Second Amendment

Summary

Governor Perry strongly supports the second amendment. He has repeatedly supported legislation to ensure the protection of the second amendment and has stated that the right to keep and bear arms is a fundamental right of every law-abiding citizen of our country. Some of the legislation that Governor Perry has signed into law includes:

• SB 766 - prohibits lawsuits against gun ranges, gun manufacturers, and distributors for anything carried out in lawful operation
• House Bill 225 - extends the renewal period for a concealed handgun license from four to five years without an increase in renewal fee.
• House Bill 322 - reduces all fees for a concealed handgun license for military members and veterans by 50 percent and lowers the age from 21 to 18 for members of the military or veterans to obtain a concealed handgun license.
• House Bill 685 - exempts military members and veterans from taking the range portion of the concealed handgun licensing process if they had been weapons certified in the military within the past five years prior to application for the license.
• House Bill 1483 - expands methods by which applicants for a concealed handgun license may pay the fees to include personal check, cash, and credit card. Currently only cashiers checks and money orders are accepted.
• House Bill 823 - clarifies the current definition of “traveling” as it relates to someone carrying a firearm. Current law is ambiguous and is interpreted differently by courts and law enforcement.
• House Bill 1038 - reduces the fee for renewal of a canceled handgun permit for senior citizen by 50 percent. The current renewal fee for a senior citizen is $70 for a four-year renewal period and this bill will reduce that fee to $35 for those 60 years of age or older.
• SB 378 - Establishes the "Castle Doctrine" in Texas which states that occupants can use deadly force instead of fleeing when their home is attacked
• SB 321 - allows concealed handgun carriers to leave their firearm in a locked glove box while working

While in office, Governor Perry has also signed reciprocity agreements with Georgia and Montana allowing concealed handgun carriers in those states to carry a weapon in Texas. This brought the total number of agreements to 14.

Governor Perry has also supported the Supreme Court Ruling that overturned the DC gun ban, and opposed a 2011 rule change to require that multiple sales of rifles be recorded in Texas. 

SB 766

In 2001, Governor Perry signed Senate Bill 766. This legislation prohibited lawsuits against gun ranges, gun manufacturers, and distributors for anything carried out in lawful operation. 

A BILL TO BE ENTITLED AN ACT relating to regulation and enforcement of laws affecting sport shooting ranges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 128, Civil Practice and Remedies Code, is amended to read as follows:

CHAPTER 128. LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION, [OR] SELLER, OR SPORT SHOOTING RANGE 

Sec. 128.001. LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES.

(a) In this section, "governmental unit" means:

• (1) a political subdivision of the state, including a municipality or county; and
• (2) any other agency of government whose authority is derived from the laws or constitution of this state.

(b) Except as provided by Subsections (c) and (f), a governmental unit may not bring suit against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public, or against a sport shooting range, as defined in Section 250.001, Local Government Code, or the owners or operators of a sport shooting range, or the owners of real property on which a sport shooting range is operated, for the lawful discharge of firearms on the sport shooting range.
(c) A governmental unit on behalf of the state or any other governmental unit may bring a suit described by Subsection (b) if the suit is approved in advance by the legislature in a concurrent resolution or by enactment of a law. This subsection does not create a cause of action.
(d) Nothing in this section shall prohibit a governmental unit from bringing an action against a firearms manufacturer, trade association, or seller for recovery of damages for:
(1) breach of contract or warranty as to firearms or ammunition purchased by a governmental unit;
(2) damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition;
(3) personal injury or death, if such action arises from a governmental unit's claim for subrogation;

(4) injunctive relief to enforce a valid ordinance, statute, or regulation; or

(5) contribution under Chapter 33, Civil Practice and Remedies Code.

(e) Nothing in this section shall prohibit the attorney general from bringing a suit described by Subsection (b) on behalf of the state or any other governmental unit. This subsection does not create a cause of action.

(f) Nothing in this section shall prohibit a municipality from bringing an action against a sport shooting range, or the owners or operators of a sport shooting range, or the owners of real property on which a sport shooting range is operating, for injunctive relief to enforce a valid ordinance, statute or regulation, or to require a sport shooting range to comply with generally accepted standards followed in the sport shooting range industry in Texas at the time of the sport shooting range's construction, if the sport shooting range:

(1) began operation after September 1, 2011; and
(2) operates exclusively within the municipality's geographical limits, exclusive of its extraterritorial jurisdiction.

Sec. 128.002. LIMITATION ON PRIVATE SUITS AGAINST OR RECOVERY OF DAMAGES FROM A SPORT SHOOTING RANGE. (a) In this section,

(1) "private suit" means:
(A) a civil suit brought by a natural person; or
(B) a civil suit brought by an entity other than a natural person or governmental entity;

(2) "sport shooting range" has the same meaning assigned by Section 250.001, Local Government Code;

(3) "claimant" has the same meaning assigned by Section 41.001;

(4) "Clear and convincing evidence" has the same meaning assigned by Section 41.001.

(b) Except as provided by Subsection (c), a private suit may not be brought against a sport shooting range or its owners or operators, or the owners of the real property on which a sport shooting range is operated, for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to the lawful discharge of firearms.

(c) Nothing in this section shall prohibit a private suit against a sport shooting range or its owners or operators, or the owners of the real property on which a sport shooting range is operated, for recovery of damages for:

(1) breach of contract for use of the real property on which a sport shooting range is located;

(2) damage or harm to private property caused by the unlawful discharge of firearms on a sport shooting range;

(3) personal injury or death caused by the unlawful discharge of a firearm on a sport shooting range; or (4) injunctive relief to enforce a valid ordinance, statute, or regulation.

(d) Damages may be awarded, or an injunction may be obtained, in a private suit brought pursuant to Subsections (c)(2), (c)(3), and (c)(4) only if the claimant establishes a right to recovery by clear and convincing evidence. Section 2. Section 229.001, Local Government Code, is amended by amending Subsections (a) and (b) to read as follows:

Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration or firearms, ammunition, or firearm supplies, or the discharge of a firearm at, or the operation of, a "sport shooting range" as defined in Section 250.001.

(b) Subsection (a) does not affect the authority a municipality has under another law to:

(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;

(2) regulate the discharge of firearms within the limits of the municipality, other than at a "sport shooting range"  as defined in Section 250.001;

(3) regulate the use of property, the location of a business, or uses at a business under the municipality's fire code, zoning ordinance, or land-use regulations as long as the code, ordinance, or regulations are not used to circumvent the intent of Subsection (a) or Subdivision (5) of this subsection;

(4) regulate the use of firearms in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;

(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation; or

(6) regulate the carrying of a firearm by a person other than a person licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, [FN1] at a:

(A) public park;

(B) public meeting of a municipality, county, or other governmental body;

(C) political rally, parade, or official political meeting; or

(D) nonfirearms-related school, college, or professional athletic event. SECTION 3. Subtitle B, Title 7, Local Governmental Code, is amended by adding Chapter 236 to read as follows:

CHAPTER 236. COUNTY REGULATION OF FIREARMS, AMMUNITION AND SPORT SHOOTING RANGES

Sec. 236.001. FIREARMS; SPORT SHOOTING RANGES. (a) In this section, "sport shooting range" has the same meaning assigned in Section 250.001.

(b) A county by order of commissioners court may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies, or the discharge of a firearm at, or the operation of, a "sport shooting range" as defined in Section 250.001.

SECTION 4. Section 250.001, Local Government Code, is amended by adding Subsection (d) to read as follows: 

(d) In order to qualify as a "private club or an "association" within the meaning of subsection (a), at least twenty different individuals must discharge firearms at the private club or association each calendar year.

SECTION 5. 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, 2011.

Child Lock Programs

In June of 2002 Governor Perry released a press statement noting state programs to provide child safety locks to those who desire them.

AUSTIN - Gov. Rick Perry today reminded Texans that free gunlocks and safety kits are available through Project ChildSafe, a program funded by the Governor’s Office that distributed 750,000 free gunlocks in Texas last year.

“Project ChildSafe helps parents make their homes safer, and I encourage all gun owners to take advantage of this prevention program,” Perry said. “These safety kits include a free gunlock and important tips for safe handling and secure storage of firearms.”

The Governor’s Criminal Justice Division (CJD) funds Project ChildSafe through a grant to the National Shooting Sports Foundation, which provides gunlocks and firearm safety materials to police and sheriff’s departments across Texas for distribution to local residents.

The cable-style gunlocks, which work similar to bicycle locks, fit many different types of firearms. Texas residents can receive a free Project ChildSafe kit by contacting their local law enforcement agency.

Each year, CJD provides more than $130 million in grants to help Texans at the forefront of the fight against crime. CJD funds a variety of programs for juvenile justice, crime prevention and victim services grants – all aimed at making Texas a safer place.

Currently, CJD provides more than $13 million in crime prevention grants, $30 million to juvenile justice and prevention projects, $40 million for victim services and additional funding for a wide variety of other law enforcement projects.

CHL Reciprocity

In December of 2004, Governor Perry signed concealed handgun reciprocity agreements with Georgia and Montana. This allows those with concealed handgun licenses in those states to carry concealed weapons in Texas and vice versa. Texas also has reciprocity agreements with Arkansas, Arizona, Florida, Idaho, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, Tennessee, Utah and Wyoming.

Texas State Rifle Association Speech

In February of 2005, Governor Perry released a statement noting a speech he gave to the Texas State Rifle Association.

Gov. Rick Perry's Remarks to the Texas State Rifle Association
* Note: Gov. Perry frequently departs from prepared remarks.
Saturday, February 05, 2005 • Speech

Thank you, Mr. Speaker (Gob Lewis.) It’s good to see you, and it’s good to be here with so many fellow Texans who have worked so hard to protect our Second Amendment rights. As a gun owner and avid hunter, I appreciate the work you do day in and day out to protect our right to bear arms, although I don’t get to exercise that right as often as I’d like, especially during the legislative session. Right now there are some quail in south Texas that think they’ve got a pardon from the governor, but that will change soon enough.

You don’t hear as many politicians talking about gun control these days, and the reason for that is simple: Responsible gun owners, like those in this room, are not a threat to society, but a deterrent to crime. You have invested a vast amount of time and energy into educating the American people, and the American people in turn have sent a loud and clear message to their elected leaders: the Second Amendment is not a loophole, so stop trying to close it. And you know even the liberals are heeding that message when their presidential candidate, who got the lowest possible rating from the NRA, stages a goose hunting photo op. At least he wasn’t looking down the wrong end of the barrel!

The 2004 election was an important victory in the battle to protect the right to bear arms for all Americans, because the Second Amendment has one of its most ardent defenders in George W. Bush, second maybe only to Jerry Patterson. Like a lot of Texans, the president understands that gun ownership is an important part our Texas heritage, and through activities like hunting, parents pass on to their children the values that are so critical to our future. In recent years, Texas has taken important steps to protect the rights of gun owners, as well as strengthen penalties for those who use guns to commit crimes. As governor, I have been proud to sign into law every single piece of TSRA supported legislation that has reached my desk. We have protected Texas shooting ranges from junk lawsuits that tried to shut them down for making too much noise. We passed a law that allowed Texans to possess a handgun in a recreational vehicle. And because the NRA and TSRA have done such a tremendous job promoting safety with the Eddie Eagle Gun Safe program, I signed a law that requires visiting resource officers in public elementary schools to offer to teach the program at least once a year.

We have also worked hard to strengthen our right to carry law, because it is a good law that has made our people safer. Texans should have the right to protect themselves whether they are at home, at work or on the city bus in between. That’s why last session I signed a law that ended the prohibitions imposed by many cities and counties that prevented concealed handgun license holders from carrying on public property. We also cut license renewal fees in half for senior citizens, and sped up the process of applying for a license for folks who move to Texas. And in the past year alone, Texas has more than doubled the number of states where Texans can legally carry a concealed weapon, a total of 17 states. I’m committed to ensuring we have as many concealed handgun reciprocity agreements as possible with other states. In fact, I’m proud to announce that just yesterday I signed an executive order to recognize North Dakota concealed carry licenses, and they are committed to doing the same. And South Carolina is next.

I also think we can do more to improve Texas’ right to carry law in this session of the legislature. Most importantly, I think we should extend the term of a license from four to five years. This reform will reduce the average annual cost to permit-holders, cut down on paperwork for the Department of Public Safety, and it won’t cost taxpayers a dime. We ought to make it easier for military personnel and veterans to get a concealed handgun license by reducing the cost, lowering the minimum age requirement to 18, and eliminating the range instruction requirements for the men and women who have already received the best training in the world. And we should also reduce the replacement fee for a lost concealed handgun license from $25 to $10, the same rate someone would pay for a lost driver’s license. I support these reforms and others to our conceal and carry law because exercising your Second Amendment rights shouldn’t be a burden, and because they will make our streets and homes safer.

There were a lot of critics who thought otherwise a few years ago when Texas first passed our right to carry law. In fact, some made the argument that allowing Texans to carry a concealed handgun would lead to more crime. But today, the statistics tell a different story. A Texan who holds a concealed handgun license is far less likely to commit a violent crime, more than 7 times less likely, in fact. And it is no coincidence that states with right to carry laws had, on average, violent crime rates that were 27 percent lower than states without in 2003. We have changed the terms of debate when it comes to the right to carry, much as we have done with the debate on gun control. Even the most ardent anti-Second Amendment politicians are finding it harder and harder to argue for more gun control when gun ownership levels in America are at all-time high, and violent crime hit a 27 year low in 2003 according to the FBI.

The progress we have made is a tribute to your education efforts, and your support of leaders who understand that without the guarantee of the Second Amendment, there can be no guarantee of any of the others. I look forward to working with you all in the future to make sure that right is always protected for every Texan today and for every generation to come. Thank you, may God bless you, and may God bless Texas.

Pro-Gun Legislation

In June of 2005, Governor Perry issued a statement noting numerous pro-gun laws that he had signed into law while in office.

Gov. Perry Signs Bills to Protect Gun Owners' Rights
Friday, June 17, 2005 • Press Release

AUSTIN – Gov. Rick Perry today signed legislation aimed at clarifying existing firearm laws, enhancing protections for law-abiding gun owners and reducing barriers for gun ownership.

“The right to keep and bear arms is a fundamental right of every law-abiding citizen of our country,” Perry said. “This legislation will clarify existing firearm laws, enhance protections for law abiding gun owners and reduce barriers for gun ownership.”

The bills Gov. Perry has signed include:

• House Bill 225 (Driver) which extends the renewal period for a concealed handgun license from four to five years without an increase in renewal fee.
• House Bill 322 (Hupp) which reduces all fees for a concealed handgun license for military members and veterans by 50 percent and lowers the age from 21 to 18 for members of the military or veterans to obtain a concealed handgun license.
• House Bill 685 (Rose) which exempts military members and veterans from taking the range portion of the concealed handgun licensing process if they had been weapons certified in the military within the past five years prior to application for the license.
• House Bill 1483 (Frost) which will expand methods by which applicants for a concealed handgun license may pay the fees to include personal check, cash, and credit card. Currently only cashiers checks and money orders are accepted.
• House Bill 823 (Keel) which clarifies the current definition of “traveling” as it relates to someone carrying a firearm. Current law is ambiguous and is interpreted differently by courts and law enforcement.
• House Bill 1038 (Isett) which reduces the fee for renewal of a canceled handgun permit for senior citizen by 50 percent. The current renewal fee for a senior citizen is $70 for a four-year renewal period and this bill will reduce that fee to $35 for those 60 years of age or older.

All bills become effective Sept. 1, 2005.

The Castle Doctrine

In March of 2007, Governor Perry issued a press statement noting his support for legislation to enact the castle doctrine of self defense in Texas. The Governor signed SB 378 in March of 2007.

Gov. Rick Perry's Remarks Regarding the "Castle" Bill
* Note: Gov. Perry frequently departs from prepared remarks.
Tuesday, March 27, 2007 • Speech

Thank you. I am honored to be joined by legislators from the House and Senate in signing the first bill of the session, the so-called “castle” law authored by Senator Wentworth and sponsored by Representative Driver. The right to defend one’s self from an imminent act of harm should not only be clearly defined in Texas law, but is intuitive to human nature. And yet, for decades Texans have been liable for civil penalties if sued by a criminal or their family if they used deadly force outside of the home to defend themselves instead of retreating first from danger. If someone threatens you in your car or your place of work, the law should not force you to retreat when circumstances may dictate that you act. There are times, in the face of grave danger, that a person is justified in using deadly force to not only save their life, but the lives of others too.

Today I am proud to sign the castle law which allows Texans to not only protect themselves from criminals, but to receive the protection of state law when circumstances dictate that they use deadly force. This is reasonable legislation. It does not allow someone to use deadly force if they provoked their assailant first. It merely extends the right of self-defense beyond one’s residence to vehicles, businesses and places of employment, deeming each of these protected places. I am proud to sign it because it protects law-abiding citizens from unfair litigation, and further clarifies their right to self-defense.

To comment on this legislation further is its author, Senator Jeff Wentworth.

I would also like to invite Representative Driver to share his thoughts.

AN ACT
relating to the use of force or deadly force in defense of a person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.01, Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows:
(4) "Habitation" has the meaning assigned by Section 30.01.
(5) "Vehicle" has the meaning assigned by Section 30.01.
SECTION 2. Section 9.31, Penal Code, is amended by amending
Subsection (a) and adding Subsections (e) and (f) to read as follows:
(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.
(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

SECTION 3. Section 9.32, Penal Code, is amended to read as ollows:

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat. 

SECTION 4. Section 83.001, Civil Practice and Remedies Code, is amended to read as follows:

Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's [against a person who at the time of the] use of force or deadly force, as applicable.

SECTION 5. (a) Sections 9.31 and 9.32, Penal Code, as amended by this Act, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose. For the purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

(b) Section 83.001, Civil Practice and Remedies Code, as amended by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. An action that accrued before the effective date of this Act is governed by the law in effect at the time the action accrued, and that law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2007. 

The DC Gun Ban

In June of 2008, Governor Perry reacted to the supreme court ruling that the gun ban in Washington DC was illegal.

Statement by Gov. Rick Perry regarding the U.S. Supreme Court Ruling Upholding 2nd Amendment
Thursday, June 26, 2008 • Press Release

AUSTIN – Gov. Rick Perry today issued the following statement regarding the U.S. Supreme Court ruling upholding Americans' 2nd Amendment right to bear arms:

"Texans have long held that it is a fundamental right of every law-abiding citizen to keep and bear arms. Affirmation from our country's highest court should unquestionably cement this right for future generations of Texans and Americans."

Showdown with Coyote

In April of 2010, Governor Perry was jogging on trails around Austin, but within the city limits and encountered a coyote. Governor Perry used a pistol that was stuck into his belt to kill the coyote. Although the shooting took place within city limits, Governor Perry was not charged with a crime as the shooting was considered to be justified.

Firearm Locked in Glove Box

On June 19, 2011 Governor Perry signed Senate Bill 321. This legislation allows Texans with a concealed carry permit to keep their firearm in locked glove boxes in their automobile while they work.

A BILL TO BE ENTITLED AN ACT relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 52, Labor Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION

Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees. Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:

(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;

(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease executed before September 1, 2011, that contains a provision prohibiting the possession of firearms on the property; or

(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores the handgun in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area:

(i) that contains the physical plant;
(ii) that is not open to the public; and 
(iii) the ingress into which is constantly monitored by security personnel.

(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, 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. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

Sec. 52.063. IMMUNITY FROM CIVIL LIABILITY. Except in cases of gross negligence, a public or private employer or the employer's 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 transported or stored in accordance with Section 52.061, including an action for damages arising from the theft of the firearm or ammunition or the use of the firearm or ammunition by a person other than the employee authorized by Section 52.061 to transport or store the firearm or ammunition. The presence of a firearm or ammunition transported or stored in the manner and in a location described by Section 52.061 does not by itself constitute a failure by the employer to provide a safe workplace.

SECTION 2. Section 411.203, Government Code, is amended to read as follows:

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

SECTION 3. The change in law made by this Act applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before that date is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2011.

Reaction to Reporting Requirements

In July of 2011 the Justice Department enacted new rules requiring that states that border Mexico report the sale of more than one rifle. Governor Perry responded to that move with a press statement declaring that is would solve nothing.

Statement by Gov. Rick Perry on New Justice Department Rules
Wednesday, July 13, 2011 • Austin, Texas • Press Release

Gov. Rick Perry today issued the following statement regarding the new U.S. Department of Justice reporting requirements for multiple purchases of semiautomatic rifles within the four U.S. states bordering Mexico:

"Singling out border states and targeting legal gun sales and sellers will have little or no impact on the Mexican cartels transporting drugs, guns and cash to and from major cities throughout the U.S. These cartels - which are responsible for more than 40,000 deaths since 2006, including Americans like Border Patrol Agent Brian Terry - have various ways of obtaining weapons that don't include lawful purchases from legitimate gun sellers.

"Instead of arbitrarily implementing this misguided and constitutionally questionable policy, the Obama administration should target actual criminals rather than law-abiding citizens and immediately secure our southern border against the northbound and southbound illegal smuggling of drugs, humans, cash, guns, fugitives and stolen vehicles."

References

[1] Website: Houston Chronicle Article: PERRY VS. COYOTE Author: R.G. RATCLIFFE Accessed on: 07/27/2010

[2] Website: Texas Department of Public Safety Article: Texas Signs Concealed Handgun Reciprocity Agreements With Georgia And Montana Author: NA Accessed on: 07/26/2011

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