What Hospitality Employers Need to Know About the Impending Texas Open Carry Law

-
Last week the Texas House passed House Bill 910 (HB 910) which allows residents with concealed handgun licenses to carry their handguns in public, provided they are holstered.  A similar measure passed the Texas Senate last month, and the two bills must be reconciled before Governor Greg Abbott can weigh in.  Under current Texas law, citizens can open carry long guns but not handguns.

In its current form, HB 910 requires amendments to no less than twelve statutes, including the Texas Alcoholic Beverage Code, Code of Criminal Procedure, Education Code, Labor Code, Penal Code, Election Code, Family Code, Government Code, Health and Safety Code, Local Government Code, Occupations Code, and Parks and Wildlife Code.  

HB 910 legalizes the open carry of handguns (meaning in holsters) for those who, among other things: (i) are legal residents of the State of Texas for the 6-month period preceding the date of an application for an open-carry license; (ii) are at least 21 years of age; (iii) have not been convicted of a felony; (iv) are not charged with the commission of a Class A or Class B misdemeanor or equivalent offense; (v) are not fugitives from justice; (vi) are not chemically dependent; (vii) have not been finally determined to be delinquent in the payment of state taxes or child support; and (vii) are not currently restricted under a court protective or restraining order affecting the spousal relationship, other than property.  

For hospitality employers, HB 910 has three significant impacts that will more than likely be included in the new law:

  • First, nothing in the new law will change the existing "Guns in the Parking Lot" law which allows employees with concealed handgun permits to keep their firearms in their locked vehicles in the employer's parking lot.  
  • Second, nothing in the new law will prohibit an employer from prohibiting an employee who holds a license to carry a handgun, or who lawfully possesses a firearm, from possessing the firearm on the employer's premises.  The term "premises" is defined as "a building or portion of a building," but does not include public or private driveways, streets, sidewalks, walkways, parking lots, parking garages, or other parking areas. 
  • Third, the new law amends the Penal Code to make it a violation for a license holder to carry a handgun, whether it is concealed or carried in a shoulder or belt holster, onto the premises of a business that has a permit or license issued under specific chapters of the Alcoholic Beverage Code, if the business derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption.
Employers should have the option to post a specifically-worded notice prohibiting open carry on their premises, and should train their staff regarding methods of handling violators, as well as those who complain about other, open carry patrons.






Comments

Post a Comment

Popular posts from this blog

(Un)Intended Consequences? Can Employers be Sued Under the New Texas Heartbeat Act?

-
On September 1, 2021, the most restrictive abortion law in the country went into effect in Texas.  Known as the "Texas Heartbeat Act," the statute, which creates a new subchapter of Chapter 171 of the Texas Health and Safety Code, privatizes a right of action against people who aid and abet abortions in violation of the new law. More specifically, the statute provides that "any person" other than a state actor can bring an action against "any person" who: knowingly engages in [or intends to engage in] conduct that aids or abets the performance or   inducement of an abortion , including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter. ..(emphasis added). How could this affect employers?   First, how broadly will c...
Read more

Ten Things Texas Employers Need to Know About the New "No Need for a Firearm Carry Permit" Law

-
 At a time when gun violence is increasing across the country, and based on publicly available data, Texas currently ranks second in the nation (behind Illinois) in mass shootings for 2021, the Texas Legislature enacted the Firearm Carry Act of 2021.  Here's what Texas employers need to know: 1.     The effective date of the new law is September 1, 2021. 2.     The law applies to persons 21 years of age or older and not otherwise prohibited by state or federal law from possessing a firearm, and to those 18 years or older in the military. 3.    Persons who meet the criteria in #2 above will be able to carry a firearm without a government issued license or permit, which means they will not be required to take gun safety and handling courses as a prerequisite to carrying. 4.     The law does not prohibit an employer from prohibiting an employee who lawfully carries without a permit from possessing the firearm on the employer's premises. 5....
Read more

Are Private Employers Ready for the New Sexual Harassment Laws in Texas?

-
Texas is considered an employer-friendly state, so it may come as quite a surprise that several bills that significantly impact sex harassment law passed, without fanfare, in the last legislative session, and go into effect today, September 1, 2021.  More specifically, the legislature amended several sections of Chapter 21 of the Texas Labor Code, which includes the state's version of Title VII, to be more in line with the laws of California.  Here's what employers need to know: First, the legislature amended Chapter 21 to provide that with respect to sexual harassment , an "employer" is a person who employs 1 or more employees or "acts directly in the interest of an employer in relation to an employee."   What does this mean and why does it matter?   Until today, Chapter 21 has applied to employers with 15 or more employees; therefore, this amendment now covers virtually every employer with respect to sex harassment claims.  It also means that indivi...
Read more