07-12-21 Regular meeting of the La Porte City Council

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described above, unless the entity provides notice that doing so is prohibited using a Penal Code 30.06 and/or 30.07 sign. Id. § 46.03(a)(14); 46.15(b)(6); 30.06; & 30.07. 2. Premises of employment, government employer), but an employee may generally leave a handgun in a private, locked car in parking lot. T EX. G OVT C ODE § 411.203; T EX. L ABOR C ODE § 52.061 et seq.-0972 (2012). 3. Government court or offices utilized by the court: A person commits a third degree felony if the person intentionally, knowingly, or recklessly possesses or goes with any firearm on the premises of any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court. Id. § 46.03(a)(3). Pending litigation may eventually confirm whether an entire building that houses a court or court offices is off-limits or only the actual rooms that house those. 4. Polling place during voting: A person commits a third degree felony if the person intentionally, knowingly, or recklessly possesses or goes with any firearm on the premises of a polling place on the day of an election or while early voting is in progress. T EX. P ENAL C ODE § 46.03(a)(2). Handgun Carry by Local Government Employees Generally A local government can, but is not required to, prohibit employee (and volunteer and contractor) carry. A local government can also adopt a written policy expressly allowing it, and a decent number have done so. (Special legislation applies to first responders pursuant to T EX. C IV. P RAC. & R EM.C ODE§ 112.001 et seq.) Local officials who decide to allow carry may wish to consider requiring that an Always consult with local legal counsel and law enforcement prior to acting on a matter of this importance. Liability under Federal and State Law The licensed employees to carry should consult with local legal counsel related to the potential for liability if an employee injures or kill someone with a firearm while on duty. A person who is shot by a local government employee, or his family if the person dies, is likely to bring a lawsuit. Both federal and state laws could give rise to liability, but both also provide some protections. In no case should a local government employer tell an employee that his or her work area. In fact, it should be made clear that the exact opposite is true. Except in the rarest of circumstances when serious bodily injury or deadly force is imminent, the appropriate action is to retreat and summon law enforcement. A workplace violence policy and regular training should include actions employees should take in the event of an active shooter or similar event. Page 2 of 2