Texas 2015 - 84th Regular

Texas Senate Bill SB1968 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, Hall S.B. No. 1968
2		-	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 15, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 3; April 15, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1968 By: Huffman
	1	+	By: Huffman, et al. S.B. No. 1968
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the organization of public employees.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. The heading to Section 403.0165, Government
16	9		Code, is amended to read as follows:
17	10		Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE
18	11		ORGANIZATION: CERTAIN FIREFIGHTERS, POLICE OFFICERS, AND
19	12		EMERGENCY MEDICAL SERVICES PERSONNEL.
20	13		SECTION 2. Sections 403.0165(a), (b), (c), and (d),
21	14		Government Code, are amended to read as follows:
22	15		(a) A covered [An] employee of a state agency may authorize
23	16		a transfer each pay period from the employee's salary or wage
24	17		payment for a membership fee in an eligible state employee
25	18		organization. The authorization shall remain in effect until the
26	19		[an] employee authorizes a change in the authorization.
27	20		Authorizations and changes in authorizations must be provided in
28	21		accordance with rules adopted by the comptroller.
29	22		(b) The comptroller shall adopt rules for transfers by
30	23		covered employees to a certified eligible state employee
31	24		organization. The rules may authorize electronic transfers of
32	25		amounts deducted from covered employees' salaries and wages under
33	26		this section.
34	27		(c) Participation by covered employees of state agencies in
35	28		the payroll deduction program authorized by this section is
36	29		voluntary.
37	30		(d) To be certified by the comptroller, a state employee
38	31		organization must have a current dues structure for covered state
39	32		employees in place and operating in this state for a period of at
40	33		least 18 months.
41	34		SECTION 3. Section 403.0165(l), Government Code, is amended
42	35		by adding Subdivision (3) to read as follows:
43	36		(3) "Covered employee of a state agency" means:
44	37		(A) an individual employed by a state agency in a
45	38		professional law enforcement or firefighting capacity; or
46	39		(B) an individual employed by a state agency in a
47	40		capacity that meets the definition of "emergency medical services
48	41		personnel," as that term is defined by Section 773.003, Health and
49	42		Safety Code.
50	43		SECTION 4. The heading to Chapter 617, Government Code, is
51	44		amended to read as follows:
52	45		CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
53	46		DEDUCTIONS
54	47		SECTION 5. Chapter 617, Government Code, is amended by
55	48		adding Section 617.006 to read as follows:
56	49		Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
57	50		ORGANIZATION DUES. Except as provided by Sections 403.0165 and
58	51		659.1031, Government Code, and Sections 141.008 and 155.001, Local
59	52		Government Code, the state or a political subdivision of the state
60	53		may not deduct or withhold, or contract to deduct or withhold, from
61	54		an employee's salary or wages payment of dues or membership fees to
62	55		a labor organization or other similar entity, including a trade
63	56		union, labor union, employees' association, or professional
64	57		organization.
65	58		SECTION 6. Section 659.1031(a), Government Code, is amended
66	59		to read as follows:
67	60		(a) An employee of a state agency employed in a professional
68	61		law enforcement capacity may authorize in writing a deduction each
69	62		pay period from the employee's salary or wage payment for payment to
70	63		an eligible state employee organization of a membership fee in the
71	64		organization.
72	65		SECTION 7. Section 101.002(b), Labor Code, is amended to
73	66		read as follows:
74	67		(b) A member of a trade union or other organization acting
75	68		in any capacity, including as otherwise authorized under other law
76	69		to perform an inspection of the premises, may not enter the premises
77	70		of another without the consent of the owner of the premises.
78	71		SECTION 8. Section 101.201(a), Labor Code, is amended to
79	72		read as follows:
80	73		(a) A person may not establish, call, participate in, or aid
81	74		picketing at or near the premises of an employer with whom a labor
82	75		dispute does not exist, regardless of whether the premises are
83	76		temporarily or permanently occupied by the employees of another
84	77		employer with whom a labor dispute does exist.
85	78		SECTION 9. The heading to Section 141.008, Local Government
86	79		Code, is amended to read as follows:
87	80		Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
88	81		FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES
89	82		PERSONNEL [IN CERTAIN MUNICIPALITIES].
90	83		SECTION 10. Section 141.008, Local Government Code, is
91	84		amended by amending Subsections (a), (a-1), and (a-2) and adding
92	85		Subsection (a-3) to read as follows:
93	86		(a) This section applies only to a municipal employee who
94	87		is:
95	88		(1) a member of the municipality's fire or police
96	89		department; or
97	90		(2) emergency medical services personnel, as defined
98	91		by Section 773.003, Health and Safety Code.
99	92		(a-1) The governing body of a municipality with a population
100	93		of more than 10,000 may deduct from a municipal employee's monthly
101	94		salary or wages an amount requested in writing by the employee in
102	95		payment of membership dues to a bona fide employees' association
103	96		named by the employee.
104	97		(a-2) [(a-1)] The governing body shall make the payroll
105	98		deduction described by Subsection (a-1) [(a)] if requested in
106	99		writing by an employee who is a member of the municipality's fire
107	100		department or emergency medical services personnel [employees who
108	101		are fire protection personnel as defined by Section 419.021,
109	102		Government Code,] if the municipality:
110	103		(1) receives revenue from the state;[,] and
111	104		(2) [if the municipality] permits deductions for
112	105		purposes other than charity, health insurance, taxes, or other
113	106		purposes for which the municipality is required by law to permit a
114	107		deduction.
115	108		(a-3) [(a-2)] The governing body of a municipality whose
116	109		police department is not covered by a collective bargaining
117	110		agreement or meet and confer agreement entered into under this code
118	111		shall make the payroll deduction described by Subsection (a-1)
119	112		[(a)] if:
120	113		(1) requested in writing by an employee who is a member
121	114		of the municipality's police department [employees who:
122	115		[(A) are peace officers as defined by Article
123	116		2.12, Code of Criminal Procedure; and
124	117		[(B) are not members of a police department
125	118		covered by a collective bargaining agreement or meet-and-confer
126	119		agreement entered into under this code]; and
127	120		(2) the municipality permits deductions for purposes
128	121		other than charity, health insurance, taxes, or other purposes for
129	122		which the municipality is required by law to permit a deduction.
130	123		SECTION 11. Section 146.002(2), Local Government Code, is
131	124		amended to read as follows:
132	125		(2) "Employee association" means an organization in
133	126		which municipal employees participate and that exists for the
134	127		purpose, wholly or partly, of dealing with one or more employers,
135	128		whether public or private, concerning grievances, labor disputes,
136	129		wages, rates of pay, hours of employment, or conditions of work
137	130		affecting public employees [and whose members pay dues by means of
138	131		an automatic payroll deduction].
139	132		SECTION 12. Section 146.003, Local Government Code, is
140	133		amended by adding Subsection (e) to read as follows:
141	134		(e) This chapter does not authorize an agreement for
142	135		deducting or withholding payment of dues, fees, or contributions to
143	136		a labor organization or other similar entity, including a trade
144	137		union, labor union, employees' association, or professional
145	138		organization in violation of Section 617.006, Government Code.
146	139		SECTION 13. Section 146.017, Local Government Code, is
147	140		amended to read as follows:
148	141		Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
149	142		(a) Except as provided by Subsection (b), a [A] written meet and
150	143		confer agreement ratified under this chapter preempts, during the
151	144		term of the agreement and to the extent of any conflict, all
152	145		contrary state statutes, local ordinances, executive orders, civil
153	146		service provisions, or rules adopted by this state or a political
154	147		subdivision or agent of this state, including a personnel board,
155	148		civil service commission, or home-rule municipality, other than a
156	149		statute, ordinance, executive order, civil service provision, or
157	150		rule regarding pensions or pension-related matters.
158	151		(b) A written meet and confer agreement ratified under this
159	152		chapter may not conflict with or preempt Section 617.006,
160	153		Government Code.
161	154		SECTION 14. Section 155.001(a), Local Government Code, is
162	155		amended to read as follows:
163	156		(a) The commissioners court, on the request of a county
164	157		employee, may authorize a payroll deduction to be made from the
165	158		employee's wages or salary for:
166	159		(1) payment to a credit union;
167	160		(2) payment of membership dues in a labor union or a
168	161		bona fide employees association if the requesting employee serves:
169	162		(A) in a professional law enforcement or
170	163		firefighting capacity; or
171	164		(B) in a capacity that meets the definition of
172	165		"emergency medical services personnel," as that term is defined by
173	166		Section 773.003, Health and Safety Code;
174	167		(3) payment of fees for parking in a county-owned
175	168		facility;
176	169		(4) payment to a charitable organization; or
177	170		(5) payment relating to an item not listed in this
178	171		subsection if the commissioners court determines that the payment
179	172		serves a public purpose, unless the deduction would violate another
180	173		law, including Section 617.006, Government Code, prohibiting the
181	174		deduction of labor organization dues.
182	175		SECTION 15. Section 22.001, Education Code, is repealed.
183	176		SECTION 16. This Act takes effect September 1, 2015.
184		-	* * * * *