84R7372 JTS-F
By: Elkins H.B. No. 1749
A BILL TO BE ENTITLED
AN ACT
relating to the organization of public employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 617, Government Code, is
amended to read as follows:
CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
DEDUCTIONS
SECTION 2. Chapter 617, Government Code, is amended by
adding Section 617.006 to read as follows:
Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
ORGANIZATION DUES. Except as provided by Section 141.008, Local
Government Code, the state or a political subdivision of the state
may not deduct or withhold, or contract to deduct or withhold, from
an employee's salary or wages payment of dues or membership fees to
a labor organization or other similar entity, including a trade
union, labor union, employees' association, or professional
organization.
SECTION 3. Section 101.002(b), Labor Code, is amended to
read as follows:
(b) A member of a trade union or other organization acting
in any capacity, including as otherwise authorized under other law
to perform an inspection of the premises, may not enter the premises
of another without the consent of the owner of the premises.
SECTION 4. Section 141.008, Local Government Code, is
amended to read as follows:
Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL FIRE
AND POLICE DEPARTMENT MEMBERS [IN CERTAIN MUNICIPALITIES]. (a)
The governing body of a municipality with a population of more than
10,000 may deduct from the [a municipal employee's] monthly salary
or wages of a member of the municipality's fire or police department
an amount requested in writing by the member [employee] in payment
of the member's [membership] dues to a bona fide employees'
association named by the member [employee].
(b) [(a-1)] The governing body shall make the payroll
deduction described by Subsection (a) if requested in writing by
members of the municipality's fire department [employees who are
fire protection personnel as defined by Section 419.021, Government
Code], if the municipality receives revenue from the state, and if
the municipality permits deductions for purposes other than
charity, health insurance, taxes, or other purposes for which the
municipality is required by law to permit a deduction.
(c) [(a-2)] The governing body shall make the payroll
deduction described by Subsection (a) if:
(1) requested in writing by members of the
municipality's police department [employees] who[:
[(A) are peace officers as defined by Article
2.12, Code of Criminal Procedure; and
[(B)] are not members of a police department
covered by a collective bargaining agreement or meet-and-confer
agreement entered into under this code; and
(2) the municipality permits deductions for purposes
other than charity, health insurance, taxes, or other purposes for
which the municipality is required by law to permit a deduction.
(d) [(b)] Participation in the payroll deduction program by
a municipal fire or police department member [municipal employee]
who is on active full-time duty is voluntary.
(e) A [(c) An employee's] written request under Subsection
(b) or (c) must:
(1) be set out in a form prescribed and provided by the
municipal treasurer or comptroller;
(2) state the amount to be deducted each month; and
(3) direct the municipal treasurer or comptroller to
transfer the deducted funds to the designated employees'
association.
(f) [(d)] The amount deducted each month may not exceed the
amount stated in the written request. However, the governing body
of a municipality having a program under this section may impose and
collect an administrative fee from each participating fire or
police department member [employee] in addition to the membership
dues that are withheld. The fee must be a reasonable amount to
reimburse the municipality for the administrative costs of
collecting, accounting for, and disbursing the membership dues.
(g) [(e)] A request under this section remains in effect
until the municipal treasurer or comptroller receives a written
notice of revocation in a form prescribed and provided by the
treasurer or comptroller and filed by the fire or police department
member [employee].
SECTION 5. Section 146.002(2), Local Government Code, is
amended to read as follows:
(2) "Employee association" means an organization in
which municipal employees participate and that exists for the
purpose, wholly or partly, of dealing with one or more employers,
whether public or private, concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of work
affecting public employees [and whose members pay dues by means of
an automatic payroll deduction].
SECTION 6. Section 146.003, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) This chapter does not authorize an agreement for
deducting or withholding payment of dues, fees, or contributions to
a labor organization or other similar entity, including a trade
union, labor union, employees' association, or professional
organization in violation of Section 617.006, Government Code.
SECTION 7. Section 146.005(a), Local Government Code, is
amended to read as follows:
(a) A [Except as provided by Subsection (b), a]
certification election ordered under Section 146.004(a)(3) to
determine whether an employee association represents a majority of
the covered employees shall be conducted according to procedures
specified by rules adopted by the Texas Workforce Commission, which
must include a requirement that the election be conducted by secret
ballot [agreeable to the parties].
SECTION 8. Section 146.006(c), Local Government Code, is
amended to read as follows:
(c) The ballot for an election ordered under this section
shall be printed to permit voting "yes" or "no" to the question [for
or against the proposition]: "Should [Authorizing] __________
(name of the municipality) be required to [operate under the state
law allowing a municipality to] meet and confer and make agreements
with the trade union [association] representing the __________
(name of division of municipal employees)? [as provided by state
law, preserving the prohibition against strikes and organized work
stoppages, and providing penalties for strikes and organized work
stoppages.]"
SECTION 9. Section 146.015(d), Local Government Code, is
amended to read as follows:
(d) The ballot for an election ordered under Subsection (b)
shall be printed to allow voting "yes" or "no" to the question [for
or against the proposition]: "Should [Authorizing] __________
(name of the municipality) be required [to continue to operate
under the state law allowing a municipality] to meet and confer and
make agreements with the trade union [association] representing the
__________ (name of division of municipal employees)? [as provided
by state law, preserving the prohibition against strikes and
organized work stoppages, and providing penalties for strikes and
organized work stoppages.]"
SECTION 10. Section 146.016(c), Local Government Code, is
amended to read as follows:
(c) An election called under Subsection (b)(2) may be held
as part of the next regularly scheduled general election for the
municipality or a special election called by the governing body for
that purpose. The ballot shall be printed to provide for voting
"yes" or "no" to the question [for or against the proposition]:
"Should [Repeal] the meet and confer agreement ratified on _____
(date agreement was ratified) by the __________ (name of the
governing body of the municipality) and the _____ (recognized
municipal trade union [employee association]) be repealed?
[concerning wages, salaries, rates of pay, hours of work, and other
terms of employment.]"
SECTION 11. Section 146.017, Local Government Code, is
amended to read as follows:
Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) Except as provided by Subsection (b), a [A] written meet and
confer agreement ratified under this chapter preempts, during the
term of the agreement and to the extent of any conflict, all
contrary state statutes, local ordinances, executive orders, civil
service provisions, or rules adopted by this state or a political
subdivision or agent of this state, including a personnel board,
civil service commission, or home-rule municipality, other than a
statute, ordinance, executive order, civil service provision, or
rule regarding pensions or pension-related matters.
(b) A written meet and confer agreement ratified under this
chapter may not conflict with or preempt:
(1) Chapter 88 (H.B. 1573), Acts of the 77th
Legislature, Regular Session, 2001 (Article 6243h, Vernon's Texas
Civil Statutes); or
(2) Section 617.006, Government Code.
SECTION 12. Section 155.001(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court, on the request of a county
employee, may authorize a payroll deduction to be made from the
employee's wages or salary for:
(1) payment to a credit union;
(2) [payment of membership dues in a labor union or a
bona fide employees association;
[(3)] payment of fees for parking in a county-owned
facility;
(3) [(4)] payment to a charitable organization; or
(4) [(5)] payment relating to an item not listed in
this subsection if the commissioners court determines that the
payment serves a public purpose, unless the deduction would violate
another law, including Section 617.006, Government Code,
prohibiting the deduction of labor organization dues.
SECTION 13. The following provisions are repealed:
(1) Section 22.001, Education Code; and
(2) Section 146.005(b), Local Government Code.
SECTION 14. The changes in law made by this Act to Chapter
146, Local Government Code:
(1) do not affect the validity of a meet and confer
agreement entered into under that chapter before the effective date
of this Act; and
(2) apply to a meet and confer agreement entered into,
proposed to be entered into, proposed to be renewed, or renewed on
or after the effective date of this Act.
SECTION 15. This Act takes effect September 1, 2015.