85R2690 MCK-F
By: Parker H.B. No. 648
A BILL TO BE ENTITLED
AN ACT
relating to the effect of certain agreements with a collective
bargaining organization on certain state-funded public work
contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter T, Chapter 51, Education Code, is
amended by adding Section 51.7761 to read as follows:
Sec. 51.7761. AGREEMENT WITH COLLECTIVE BARGAINING
ORGANIZATION. (a) In this section, "public work contract" means a
contract for constructing, altering, or repairing a public building
or carrying out or completing any public work.
(b) An institution awarding a public work contract funded
with state money, including the issuance of debt guaranteed by this
state, may not:
(1) prohibit, require, discourage, or encourage a
person bidding on the public work contract, including a contractor
or subcontractor, from entering into or adhering to an agreement
with a collective bargaining organization relating to the project;
or
(2) discriminate against a person described by
Subdivision (1) based on the person's involvement in the agreement,
including the person's:
(A) status or lack of status as a party to the
agreement; or
(B) willingness or refusal to enter into the
agreement.
(c) This section may not be construed to:
(1) prohibit activity protected by the National Labor
Relations Act (29 U.S.C. Section 151 et seq.), including entering
into an agreement with a collective bargaining organization
relating to the project; or
(2) permit conduct prohibited under the National Labor
Relations Act (29 U.S.C. Section 151 et seq.).
SECTION 2. Subchapter B, Chapter 2269, Government Code, is
amended by adding Section 2269.0541 to read as follows:
Sec. 2269.0541. AGREEMENT WITH COLLECTIVE BARGAINING
ORGANIZATION. (a) A governmental entity awarding a public work
contract funded with state money, including the issuance of debt
guaranteed by this state, may not:
(1) prohibit, require, discourage, or encourage a
person bidding on the public work contract, including a contractor
or subcontractor, from entering into or adhering to an agreement
with a collective bargaining organization relating to the project;
or
(2) discriminate against a person described by
Subdivision (1) based on the person's involvement in the agreement,
including the person's:
(A) status or lack of status as a party to the
agreement; or
(B) willingness or refusal to enter into the
agreement.
(b) This section may not be construed to:
(1) prohibit activity protected by the National Labor
Relations Act (29 U.S.C. Section 151 et seq.), including entering
into an agreement with a collective bargaining organization
relating to the project; or
(2) permit conduct prohibited under the National Labor
Relations Act (29 U.S.C. Section 151 et seq.).
SECTION 3. Section 51.7761, Education Code, and Section
2269.0541, Government Code, as added by this Act, apply only to a
public work contract for which an invitation for offers, request
for proposals, request for qualifications, or other similar
solicitation is first published or distributed on or after the
effective date of this Act. A public work contract for which an
invitation for offers, request for proposals, request for
qualifications, or other similar solicitation is first published or
distributed before the effective date of this Act is governed by the
law in effect at the time the invitation, request, or other
solicitation is published or distributed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.