As we approach the holidays, I’d like to discuss a subject near and dear to the heart of many Texans: guns.

Traditionally, Texas law provided that an employer could prevent employees from bringing guns onto the employer’s property, including the employer’s parking lot. But did you know that in 2011, Texas passed a new law requiring employers to let employees keep legally-possessed firearms in their locked cars in the employer’s parking lot?

Exceptions:

• The law does not apply to company vehicles being used for work, unless gun-toting is part of the job;

• The law does not apply to school districts; private schools offering classes in one or more grades from prekindergarten through grade 12; or charter schools;

• The law does not apply to property subject to an oil and gas lease that prohibits weapons;

• The law does not apply to chemical manufacturers or oil and gas refineries, unless the parking area is outside of a secure and restricted area.

Employers are NOT required to let employees carry a gun on the employer’s “premises,” defined as “a building or a portion of a building.” Accordingly, to minimize risk and liability, all employers should consider (1) implementing policies that prohibit employees from bringing guns into the workplace; and (2) creating procedures for addressing violations of these policies.

Currently, the law provides no private cause of action for employees who are disciplined or terminated for keeping legally-possessed firearms in their locked cars in their employer’s parking lot. Accordingly, it is unclear what penalties, if any, an employer will suffer for not complying with the new law.