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Here is the Committee Substitute for HB681...at last

Posted: Sat Mar 19, 2011 10:54 am
by CWOOD
Here is the added section to HB681 as the Committee Substitute. Wonder why it took so long to make it available? Suspicious?
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(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.

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Basically, what it seems to be saying is that, unless you have a CHL you cannot keep any firearm locked in your vehicle on company owned property if your employer is a chemical plant, refinery or other facility for the manufacture, storage use or transportation of hazardous, combustible, or explosive material. The facility must have an air authorization permit under Chapter 382 of the Health and Safety Code.

If you have a CHL you may lock your appropriate handgun in your vehicle if you have an employer provided parking area OUTSIDE of a secured and restricted area that contains the physical plant, not open to the public and has 24/7 monitoring by security personal.

It looks like they made an effort to deal with one main thrust of our goal to keep CHL'ers from having to disarm all day and on travel to and from work on work days. Certainly MPA carriers and hunters, etc. are out of luck.

Some questions come to mind.
Does a gas station qualify as a 'facility'?
Do these plants and refineries, etc., actually provide much available parking open to the public?
Will the employers act in good faith or will they use this as an excuse for business as usual?
Who all is covered by a permit under Chapter 382 of the Health and Safety Code.?

I am sure other questions will arise, so for you folks in the 'Industry"...what is your take?

Summary, better that it was before but it certainly leaves out a lot of folks.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sat Mar 19, 2011 1:07 pm
by WildBill
CWOOD wrote:I am sure other questions will arise, so for you folks in the 'Industry"...what is your take?
I am not in the "Industry", but I understand that this particular industry have always been the main group opposing a parking lot bill. By the nature of their business, many of the chemical plants are in "bad areas" and many of the plant workers work and commute during the night. I seriously doubt that their primary objection has to do with the nature of their product or business.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sat Mar 19, 2011 1:28 pm
by Liberty
WildBill wrote:
CWOOD wrote:I am sure other questions will arise, so for you folks in the 'Industry"...what is your take?
I am not in the "Industry", but I understand that this particular industry have always been the main group opposing a parking lot bill. By the nature of their business, many of the chemical plants are in "bad areas" and many of the plant workers work and commute during the night. I seriously doubt that their primary objection has to do with the nature of their product or business.
I visit a lot of different refinaries and chemical plants. Most have outside the gate parking, where people park. Some have addition inside the gate parking for workers.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sat Mar 19, 2011 3:11 pm
by CWOOD
I have been around/in several in the Texas City area and around Corpus Christi and realize that there is some parking outside the secure area, but I believe that is generally for vendors and other short term visitors. It has been a while and I don't really recall if there was enough space for employees.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sat Mar 19, 2011 4:11 pm
by cbr600
CWOOD wrote:Some questions come to mind.
Does a gas station qualify as a 'facility'?
Most gas stations are open to the public.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sat Mar 19, 2011 4:30 pm
by flintknapper
CWOOD wrote:I have been around/in several in the Texas City area and around Corpus Christi and realize that there is some parking outside the secure area, but I believe that is generally for vendors and other short term visitors. It has been a while and I don't really recall if there was enough space for employees.
That is correct, there may be small areas (unsecured) for general parking, but for the most part...Refineries and Chemical Plants have their regular employees park in a secured and guarded area (not open to the public). That is the 'norm".

My older Brother is a chemical engineer...and has been dealing with this every place he has ever worked.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sat Mar 19, 2011 5:19 pm
by CWOOD
cbr600 wrote:
CWOOD wrote:Some questions come to mind.
Does a gas station qualify as a 'facility'?
Most gas stations are open to the public.
This is, of course, true. Someone with a CHL would be fine. However, would those who don't have a CHL, such as hunters or other citizens in possession per the MPA, be affected?

Re: Here is the Committee Substitute for HB681...at last

Posted: Sat Mar 19, 2011 10:20 pm
by gwashorn
I have worked my last 35 years in the industrial plants. there was a time, and not that long ago we were allowed to drive our personal vehicles into the plant. In the last several years, since "9-11" that has changed more and more. Most plants, the many I go to and work, have parking lots under their control HOWEVER, they are not INSIDE the Guarded and gate controlled areas. while we usually have to have a sticker or something if we are normal employees parking there day to day, these lots are NOT inside the area considered the controlled area under guard for entry permited and such. Most of these lots are basically accessible from public roads and we park there. there are also normal visitors parking etc as well for sales persons. Plus federal law as I understand it, and I will be corrected here if wrong, prevented CHL persons from entering these controlled areas of industrial refineries and chemical plants.

So it is my hope this addition still allows CHL's to have their weapons locked up in our vehicles in our normal parking areas at our normal working places.

Now for a strange event that happened to me last week. I went for safety training at an industrial plant. Normal parking lot and public access to the security guard office etc. NOT inside the gate controlled badge accessed area of the plant. I go in and fill out my papers to take the 2 hours training for my badge. they ask for my photo ID, and my drivers and CHL are together. There are many people in the office area and the guard asks, in a quiet voice, "is it with you?" I turn and say, "Excuse Me?", They say, "do you have it with you?", looking at my license. I said "no, no, I am not allowed in my company." They say, "is it in your vehicle in the parking lot?" and again I say no, it is not. I ask why? and they say.... wait for it...... You won't believe the answer...... "we have lock up boxes here for people who want us to secure it while they are in the plant.". My jaw drops! I said, "WHAT! Your are kidding me!" they said we get lots of travelers and we understand. I smiled and said well, thank you and I appreciate your understanding but alass, I do not carry at work. but thank you for offering and that it was the first time I had ever been offered that.

So let's hope the bills get through this time as we need them.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sun Mar 20, 2011 6:31 am
by Liberty
gwashorn wrote:I have worked my last 35 years in the industrial plants. there was a time, and not that long ago we were allowed to drive our personal vehicles into the plant. In the last several years, since "9-11" that has changed more and more. Most plants, the many I go to and work, have parking lots under their control HOWEVER, they are not INSIDE the Guarded and gate controlled areas. while we usually have to have a sticker or something if we are normal employees parking there day to day, these lots are NOT inside the area considered the controlled area under guard for entry permited and such. Most of these lots are basically accessible from public roads and we park there. there are also normal visitors parking etc as well for sales persons. Plus federal law as I understand it, and I will be corrected here if wrong, prevented CHL persons from entering these controlled areas of industrial refineries and chemical plants.

So it is my hope this addition still allows CHL's to have their weapons locked up in our vehicles in our normal parking areas at our normal working places.

Now for a strange event that happened to me last week. I went for safety training at an industrial plant. Normal parking lot and public access to the security guard office etc. NOT inside the gate controlled badge accessed area of the plant. I that go in and fill out my papers to take the 2 hours training for my badge. they ask for my photo ID, and my drivers and CHL are together. There are many people in the office area and the guard asks, in a quiet voice, "is it with you?" I turn and say, "Excuse Me?", They say, "do you have it with you?", looking at my license. I said "no, no, I am not allowed in my company." They say, "is it in your vehicle in the parking lot?" and again I say no, it is not. I ask why? and they say.... wait for it...... You won't believe the answer...... "we have lock up boxes here for people who want us to secure it while they are in the plant.". My jaw drops! I said, "WHAT! Your are kidding me!" they said we get lots of travelers and we understand. I smiled and said well, thank you and I appreciate your understanding but alass, I do not carry at work. but thank you for offering and that it was the first time I had ever been offered that.

So let's hope the bills get through this time as we need them.
Most plants it is legal for a CHL to bring a handgun into a plant. Most don't have proper 30.06 warning. It is against Policy for almost all plants. and most times in the films there is a no firearms or ammo warning but it isn't proper 30.06 warning.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sun Mar 20, 2011 6:41 am
by RandyM
It is very specific at the Shell Chemical Plant and Refinery in Deer Park, get caught with one in your vehicle, you are terminated.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sun Mar 20, 2011 6:50 am
by Liberty
RandyM wrote:It is very specific at the Shell Chemical Plant and Refinery in Deer Park, get caught with one in your vehicle, you are terminated.
As is with most plant.

Re: Here is the Committee Substitute for HB681...at last

Posted: Sun Mar 20, 2011 6:20 pm
by gwashorn
Liberty wrote:
gwashorn wrote:I have worked my last 35 years in the industrial plants. there was a time, and not that long ago we were allowed to drive our personal vehicles into the plant. In the last several years, since "9-11" that has changed more and more. Most plants, the many I go to and work, have parking lots under their control HOWEVER, they are not INSIDE the Guarded and gate controlled areas. while we usually have to have a sticker or something if we are normal employees parking there day to day, these lots are NOT inside the area considered the controlled area under guard for entry permited and such. Most of these lots are basically accessible from public roads and we park there. there are also normal visitors parking etc as well for sales persons. Plus federal law as I understand it, and I will be corrected here if wrong, prevented CHL persons from entering these controlled areas of industrial refineries and chemical plants.

So it is my hope this addition still allows CHL's to have their weapons locked up in our vehicles in our normal parking areas at our normal working places.

Now for a strange event that happened to me last week. I went for safety training at an industrial plant. Normal parking lot and public access to the security guard office etc. NOT inside the gate controlled badge accessed area of the plant. I that go in and fill out my papers to take the 2 hours training for my badge. they ask for my photo ID, and my drivers and CHL are together. There are many people in the office area and the guard asks, in a quiet voice, "is it with you?" I turn and say, "Excuse Me?", They say, "do you have it with you?", looking at my license. I said "no, no, I am not allowed in my company." They say, "is it in your vehicle in the parking lot?" and again I say no, it is not. I ask why? and they say.... wait for it...... You won't believe the answer...... "we have lock up boxes here for people who want us to secure it while they are in the plant.". My jaw drops! I said, "WHAT! Your are kidding me!" they said we get lots of travelers and we understand. I smiled and said well, thank you and I appreciate your understanding but alass, I do not carry at work. but thank you for offering and that it was the first time I had ever been offered that.

So let's hope the bills get through this time as we need them.
Most plants it is legal for a CHL to bring a handgun into a plant. Most don't have proper 30.06 warning. It is against Policy for almost all plants. and most times in the films there is a no firearms or ammo warning but it isn't proper 30.06 warning.
I am assuming this bill and the added change for industrial complexes and such is dealing with termination of employees parking in lots outside of the penal code reference to critical infrastrures which includes refineries, chemical plants, power generation facilities etc.

Re: Here is the Committee Substitute for HB681...at last

Posted: Tue Mar 29, 2011 3:20 pm
by Gambit
Im a little confused; as its written, am I still NOT allowed to lock my pistol in my car if there is a fenced in parking lot with 24/7 security Guards? :headscratch

Re: Here is the Committee Substitute for HB681...at last

Posted: Tue Mar 29, 2011 3:25 pm
by Keith B
Gambit wrote:Im a little confused; as its written, am I still NOT allowed to lock my pistol in my car if there is a fenced in parking lot with 24/7 security Guards? :headscratch
Not if you work for company on 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,

AND, if you do NOT have a CHL, then you are not exempt from being fired for parking on their property OUTSIDE of the fenced area. So MPA would not be protected. Additionaly, even a CHL'er can only have a handgun in the car and not a long gun outside of the fence, as the verbiage specifies handgun. :banghead:

Re: Here is the Committee Substitute for HB681...at last

Posted: Tue Mar 29, 2011 3:41 pm
by Gambit
Gambit wrote:
Im a little confused; as its written, am I still NOT allowed to lock my pistol in my car if there is a fenced in parking lot with 24/7 security Guards?
Not if you work for company on 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,

AND, if you do NOT have a CHL, then you are not exempt from being fired for parking on their property OUTSIDE of the fenced area. So MPA would not be protected. Additionaly, even a CHL'er can only have a handgun in the car and not a long gun outside of the fence, as the verbiage specifies handgun.
Oh I see. I do have a CHL so it is ok to.. My Company is a heavy metal material and manufacture large heavy oil refinery "Stuff"; now i need to find out if the slag they used for the Giant CNC machines would be considerd "hazardouse, combustible, or explosive."