Texas 2017 - 85th Regular

Texas House Bill HB510 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5054 JTS-F
2	2	By: Davis of Harris H.B. No. 510
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to payroll deductions for state and local government
8	8	employee organizations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.013(b), Education Code, is amended to
11	11	read as follows:
12	12	(b) A home-rule school district is subject to:
13	13	(1) a provision of this title establishing a criminal
14	14	offense;
15	15	(2) a provision of this title relating to limitations
16	16	on liability; and
17	17	(3) a prohibition, restriction, or requirement, as
18	18	applicable, imposed by this title or a rule adopted under this
19	19	title, relating to:
20	20	(A) the Public Education Information Management
21	21	System (PEIMS) to the extent necessary to monitor compliance with
22	22	this subchapter as determined by the commissioner;
23	23	(B) educator certification under Chapter 21 and
24	24	educator rights under Sections 21.407 and[,] 21.408[, and 22.001];
25	25	(C) criminal history records under Subchapter C,
26	26	Chapter 22;
27	27	(D) student admissions under Section 25.001;
28	28	(E) school attendance under Sections 25.085,
29	29	25.086, and 25.087;
30	30	(F) inter-district or inter-county transfers of
31	31	students under Subchapter B, Chapter 25;
32	32	(G) elementary class size limits under Section
33	33	25.112, in the case of any campus in the district that fails to
34	34	satisfy any standard under Section 39.054(e);
35	35	(H) high school graduation under Section 28.025;
36	36	(I) special education programs under Subchapter
37	37	A, Chapter 29;
38	38	(J) bilingual education under Subchapter B,
39	39	Chapter 29;
40	40	(K) prekindergarten programs under Subchapter E,
41	41	Chapter 29;
42	42	(L) safety provisions relating to the
43	43	transportation of students under Sections 34.002, 34.003, 34.004,
44	44	and 34.008;
45	45	(M) computation and distribution of state aid
46	46	under Chapters 31, 42, and 43;
47	47	(N) extracurricular activities under Section
48	48	33.081;
49	49	(O) health and safety under Chapter 38;
50	50	(P) public school accountability under
51	51	Subchapters B, C, D, E, and J, Chapter 39;
52	52	(Q) equalized wealth under Chapter 41;
53	53	(R) a bond or other obligation or tax rate under
54	54	Chapters 42, 43, and 45; and
55	55	(S) purchasing under Chapter 44.
56	56	SECTION 2. The heading to Section 403.0165, Government
57	57	Code, is amended to read as follows:
58	58	Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE
59	59	ORGANIZATION: CERTAIN FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY
60	60	MEDICAL SERVICES PERSONNEL.
61	61	SECTION 3. Sections 403.0165(a), (b), (c), and (d),
62	62	Government Code, are amended to read as follows:
63	63	(a) A covered [An] employee of a state agency may authorize
64	64	a transfer each pay period from the employee's salary or wage
65	65	payment for a membership fee in an eligible state employee
66	66	organization. The authorization shall remain in effect until the
67	67	[an] employee authorizes a change in the authorization.
68	68	Authorizations and changes in authorizations must be provided in
69	69	accordance with rules adopted by the comptroller.
70	70	(b) The comptroller shall adopt rules for transfers by
71	71	covered employees to a certified eligible state employee
72	72	organization. The rules may authorize electronic transfers of
73	73	amounts deducted from covered employees' salaries and wages under
74	74	this section.
75	75	(c) Participation by covered employees of state agencies in
76	76	the payroll deduction program authorized by this section is
77	77	voluntary.
78	78	(d) To be certified by the comptroller, a state employee
79	79	organization must have a current dues structure for covered state
80	80	employees in place and operating in this state for a period of at
81	81	least 18 months.
82	82	SECTION 4. Section 403.0165(l), Government Code, is amended
83	83	by adding Subdivision (3) to read as follows:
84	84	(3) "Covered employee of a state agency" means:
85	85	(A) an individual employed by a state agency in a
86	86	professional law enforcement or firefighting capacity; or
87	87	(B) an individual employed by a state agency in a
88	88	capacity that meets the definition of "emergency medical services
89	89	personnel," as that term is defined by Section 773.003, Health and
90	90	Safety Code.
91	91	SECTION 5. The heading to Chapter 617, Government Code, is
92	92	amended to read as follows:
93	93	CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
94	94	DEDUCTIONS
95	95	SECTION 6. Chapter 617, Government Code, is amended by
96	96	adding Section 617.006 to read as follows:
97	97	Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
98	98	ORGANIZATION DUES. (a) Except as provided by Sections 403.0165 and
99	99	659.1031, Government Code, and Sections 141.008 and 155.001(a)(2),
100	100	Local Government Code, the state or a political subdivision of the
101	101	state may not deduct or withhold, or contract to deduct or withhold,
102	102	from an employee's salary or wages payment of dues or membership
103	103	fees to a labor organization or other similar entity, including a
104	104	trade union, labor union, employees' association, or professional
105	105	organization.
106	106	(b) Subsection (a) does not affect the ability of the state
107	107	or a political subdivision of the state to deduct or withhold from
108	108	an employee's salary or wages an amount for donation to a charitable
109	109	organization determined to be eligible for participation in the
110	110	state employee charitable campaign under Subchapter I, Chapter 659,
111	111	Government Code.
112	112	SECTION 7. Section 659.1031(a), Government Code, is amended
113	113	to read as follows:
114	114	(a) An employee of a state agency employed in a professional
115	115	law enforcement capacity may authorize in writing a deduction each
116	116	pay period from the employee's salary or wage payment for payment to
117	117	an eligible state employee organization of a membership fee in the
118	118	organization.
119	119	SECTION 8. The heading to Section 141.008, Local Government
120	120	Code, is amended to read as follows:
121	121	Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
122	122	FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES
123	123	PERSONNEL [IN CERTAIN MUNICIPALITIES].
124	124	SECTION 9. Section 141.008, Local Government Code, is
125	125	amended by amending Subsections (a), (a-1), and (a-2) and adding
126	126	Subsection (a-3) to read as follows:
127	127	(a) This section applies only to a municipal employee who
128	128	is:
129	129	(1) a member of the municipality's fire or police
130	130	department; or
131	131	(2) emergency medical services personnel, as defined
132	132	by Section 773.003, Health and Safety Code.
133	133	(a-1) The governing body of a municipality with a population
134	134	of more than 10,000 may deduct from a municipal employee's monthly
135	135	salary or wages an amount requested in writing by the employee in
136	136	payment of membership dues to a bona fide employees' association
137	137	named by the employee.
138	138	(a-2) [(a-1)] The governing body shall make the payroll
139	139	deduction described by Subsection (a-1) [(a)] if requested in
140	140	writing by an employee who is a member of the municipality's fire
141	141	department or emergency medical services personnel [employees who
142	142	are fire protection personnel as defined by Section 419.021,
143	143	Government Code,] if the municipality:
144	144	(1) receives revenue from the state;[,] and
145	145	(2) [if the municipality] permits deductions for
146	146	purposes other than charity, health insurance, taxes, or other
147	147	purposes for which the municipality is required by law to permit a
148	148	deduction.
149	149	(a-3) [(a-2)] The governing body of a municipality whose
150	150	police department is not covered by a collective bargaining
151	151	agreement or meet and confer agreement entered into under this code
152	152	shall make the payroll deduction described by Subsection (a-1)
153	153	[(a)] if:
154	154	(1) requested in writing by an employee who is a member
155	155	of the municipality's police department [employees who:
156	156	[(A) are peace officers as defined by Article
157	157	2.12, Code of Criminal Procedure; and
158	158	[(B) are not members of a police department
159	159	covered by a collective bargaining agreement or meet-and-confer
160	160	agreement entered into under this code]; and
161	161	(2) the municipality permits deductions for purposes
162	162	other than charity, health insurance, taxes, or other purposes for
163	163	which the municipality is required by law to permit a deduction.
164	164	SECTION 10. Section 146.002(2), Local Government Code, is
165	165	amended to read as follows:
166	166	(2) "Employee association" means an organization in
167	167	which municipal employees participate and that exists for the
168	168	purpose, wholly or partly, of dealing with one or more employers,
169	169	whether public or private, concerning grievances, labor disputes,
170	170	wages, rates of pay, hours of employment, or conditions of work
171	171	affecting public employees [and whose members pay dues by means of
172	172	an automatic payroll deduction].
173	173	SECTION 11. Section 146.003, Local Government Code, is
174	174	amended by adding Subsection (e) to read as follows:
175	175	(e) This chapter does not authorize an agreement for
176	176	deducting or withholding payment of dues, fees, or contributions to
177	177	a labor organization or other similar entity, including a trade
178	178	union, labor union, employees' association, or professional
179	179	organization in violation of Section 617.006, Government Code.
180	180	SECTION 12. Section 146.017, Local Government Code, is
181	181	amended to read as follows:
182	182	Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
183	183	(a) Except as provided by Subsection (b), a [A] written meet and
184	184	confer agreement ratified under this chapter preempts, during the
185	185	term of the agreement and to the extent of any conflict, all
186	186	contrary state statutes, local ordinances, executive orders, civil
187	187	service provisions, or rules adopted by this state or a political
188	188	subdivision or agent of this state, including a personnel board,
189	189	civil service commission, or home-rule municipality, other than a
190	190	statute, ordinance, executive order, civil service provision, or
191	191	rule regarding pensions or pension-related matters.
192	192	(b) A written meet and confer agreement ratified under this
193	193	chapter may not conflict with or preempt Section 617.006,
194	194	Government Code.
195	195	SECTION 13. Section 155.001(a), Local Government Code, is
196	196	amended to read as follows:
197	197	(a) The commissioners court, on the request of a county
198	198	employee, may authorize a payroll deduction to be made from the
199	199	employee's wages or salary for:
200	200	(1) payment to a credit union;
201	201	(2) payment of membership dues in a labor union or a
202	202	bona fide employees association if the requesting employee serves:
203	203	(A) in a professional law enforcement or
204	204	firefighting capacity; or
205	205	(B) in a capacity that meets the definition of
206	206	"emergency medical services personnel," as that term is defined by
207	207	Section 773.003, Health and Safety Code;
208	208	(3) payment of fees for parking in a county-owned
209	209	facility;
210	210	(4) payment to a charitable organization; or
211	211	(5) payment relating to an item not listed in this
212	212	subsection if the commissioners court determines that the payment
213	213	serves a public purpose, unless the deduction would violate another
214	214	law, including Section 617.006, Government Code.
215	215	SECTION 14. Section 22.001, Education Code, is repealed.
216	216	SECTION 15. This Act takes effect September 1, 2017.