By: Huffman S.B. No. 1968
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. Section 403.0165, Government Code, is amended to
read as follows:
Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE
ORGANIZATION.
(a) A [An] covered employee of a state agency, as defined by
Subsection (l), may authorize a transfer each pay period from the
employee's salary or wage payment for a membership fee in an
eligible state employee organization. The authorization shall
remain in effect until the [an] covered employee authorizes a
change in the authorization. Authorizations and changes in
authorizations must be provided in accordance with rules adopted by
the comptroller.
(b) The comptroller shall adopt rules for transfers by
covered employees to a certified eligible state employee
organization. The rules may authorize electronic transfers of
amounts deducted from covered employees' salaries and wages under
this section.
(c) Participation by covered employees of state agencies in
the payroll deduction program authorized by this section is
voluntary.
(d) To be certified by the comptroller, a state employee
organization must have a current dues structure for covered state
employees in place and operating in this state for a period of at
least 18 months.
(e) Any organization requesting certification shall
demonstrate that the fee structure proposed from state employees is
equal to an average of not less than one-half of the fees for that
organization nationwide.
(f) An organization not previously certified may submit an
application for certification as an eligible state employee
organization to the comptroller at any time except during the
period after June 2 and before September 1.
(g) The comptroller may approve an application under
Subsection (f) if a state employee organization demonstrates to the
satisfaction of the comptroller that it qualifies as an eligible
state employee organization by providing the documentation
required by this section and applicable rules adopted by the
comptroller.
(h) The comptroller may charge an administrative fee to
cover the costs incurred as a result of administering this section.
The administrative fees charged by the comptroller shall be paid by
each qualifying state employee organization on a pro rata basis to
be determined by the comptroller. The comptroller by rule shall
determine the most efficient and effective method of collecting the
fees.
(i) The comptroller may adopt rules for the administration
of this section.
(j) Repealed by Acts 1997, 75th Leg., ch. 1035, ยง 90(a),
eff. June 19, 1997.
(k) Any state employee organization that has a membership of
at least 4,000 state employee members on April 1, 1991, shall be
certified by the comptroller as an eligible state employee
organization. Such an organization may not be required to meet any
other eligibility requirements as set out in this section for
certification, including requirements in the definition of
eligible state employee organization under Subsection (l).
(l) In this section:
(1) "Eligible state employee organization" means a
state employee organization with a membership of at least 4,000
state employees continuously for the 18 months preceding a request
for certification from the comptroller that conducts activities on
a statewide basis and that the comptroller has certified under this
article.
(2) "State agency" means a department, commission,
board, office, or any other state entity of state government.
(3) "Covered employee of a state agency" means an
individual employed by a state agency in a professional law
enforcement or firefighting capacity, or an individual employed by
a state agency in a capacity that meets the definition of "emergency
medical services personnel" as that term is defined by Section
773.003, Health and Safety Code.
SECTION 2. The heading to Chapter 617, Government Code, is
amended to read as follows:
CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
DEDUCTIONS
SECTION 3. 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 Sections 141.008 and
155.001, Local Government Code, and Sections 403.0165 and 659.1031,
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 4. Section 659.1031(a), Government Code, is amended
to read as follows:
(a) An employee of a state agency employed in a professional
law enforcement capacity may authorize in writing a deduction each
pay period from the employee's salary or wage payment for payment to
an eligible state employee organization of a membership fee in the
organization.
SECTION 5. 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 6. Section 101.201(a), Labor Code, is amended to
read as follows:
(a) A person may not establish, call, participate in, or aid
picketing at or near the premises of an employer with whom a labor
dispute does not exist, regardless of whether the premises are
temporarily or permanently occupied by the employees of another
employer with whom a labor dispute does exist.
SECTION 7. 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 AND EMERGENCY MEDICAL SERVICES
PERSONNEL [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 or emergency medical
services personnel 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 a
member of the municipality's fire department or emergency medical
services personnel, as defined by Section 773.003, Health and
Safety Code, [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 or emergency medical
services provider [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 or emergency medical services provider
[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 or emergency medical services provider [employee].
SECTION 8. 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 9. 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 10. 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 Section 617.006,
Government Code.
SECTION 11. 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 if the requesting employee serves
in a professional law enforcement or firefighting capacity, or
serves in a capacity that meets the definition of "emergency
medical services personnel" as that term is defined by Section
773.003, Health and Safety Code;
(3) payment of fees for parking in a county-owned
facility;
(4) payment to a charitable organization; or
(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 12. The following provision is repealed:
(1) Section 22.001, Education Code.
SECTION 13. 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 14. This Act takes effect September 1, 2015.