| 1 | 1 | | 85R2690 MCK-F |
|---|
| 2 | 2 | | By: Parker, Cook, et al. H.B. No. 648 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the effect of certain agreements with a collective |
|---|
| 8 | 8 | | bargaining organization on certain state-funded public work |
|---|
| 9 | 9 | | contracts. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter T, Chapter 51, Education Code, is |
|---|
| 12 | 12 | | amended by adding Section 51.7761 to read as follows: |
|---|
| 13 | 13 | | Sec. 51.7761. AGREEMENT WITH COLLECTIVE BARGAINING |
|---|
| 14 | 14 | | ORGANIZATION. (a) In this section, "public work contract" means a |
|---|
| 15 | 15 | | contract for constructing, altering, or repairing a public building |
|---|
| 16 | 16 | | or carrying out or completing any public work. |
|---|
| 17 | 17 | | (b) An institution awarding a public work contract funded |
|---|
| 18 | 18 | | with state money, including the issuance of debt guaranteed by this |
|---|
| 19 | 19 | | state, may not: |
|---|
| 20 | 20 | | (1) prohibit, require, discourage, or encourage a |
|---|
| 21 | 21 | | person bidding on the public work contract, including a contractor |
|---|
| 22 | 22 | | or subcontractor, from entering into or adhering to an agreement |
|---|
| 23 | 23 | | with a collective bargaining organization relating to the project; |
|---|
| 24 | 24 | | or |
|---|
| 25 | 25 | | (2) discriminate against a person described by |
|---|
| 26 | 26 | | Subdivision (1) based on the person's involvement in the agreement, |
|---|
| 27 | 27 | | including the person's: |
|---|
| 28 | 28 | | (A) status or lack of status as a party to the |
|---|
| 29 | 29 | | agreement; or |
|---|
| 30 | 30 | | (B) willingness or refusal to enter into the |
|---|
| 31 | 31 | | agreement. |
|---|
| 32 | 32 | | (c) This section may not be construed to: |
|---|
| 33 | 33 | | (1) prohibit activity protected by the National Labor |
|---|
| 34 | 34 | | Relations Act (29 U.S.C. Section 151 et seq.), including entering |
|---|
| 35 | 35 | | into an agreement with a collective bargaining organization |
|---|
| 36 | 36 | | relating to the project; or |
|---|
| 37 | 37 | | (2) permit conduct prohibited under the National Labor |
|---|
| 38 | 38 | | Relations Act (29 U.S.C. Section 151 et seq.). |
|---|
| 39 | 39 | | SECTION 2. Subchapter B, Chapter 2269, Government Code, is |
|---|
| 40 | 40 | | amended by adding Section 2269.0541 to read as follows: |
|---|
| 41 | 41 | | Sec. 2269.0541. AGREEMENT WITH COLLECTIVE BARGAINING |
|---|
| 42 | 42 | | ORGANIZATION. (a) A governmental entity awarding a public work |
|---|
| 43 | 43 | | contract funded with state money, including the issuance of debt |
|---|
| 44 | 44 | | guaranteed by this state, may not: |
|---|
| 45 | 45 | | (1) prohibit, require, discourage, or encourage a |
|---|
| 46 | 46 | | person bidding on the public work contract, including a contractor |
|---|
| 47 | 47 | | or subcontractor, from entering into or adhering to an agreement |
|---|
| 48 | 48 | | with a collective bargaining organization relating to the project; |
|---|
| 49 | 49 | | or |
|---|
| 50 | 50 | | (2) discriminate against a person described by |
|---|
| 51 | 51 | | Subdivision (1) based on the person's involvement in the agreement, |
|---|
| 52 | 52 | | including the person's: |
|---|
| 53 | 53 | | (A) status or lack of status as a party to the |
|---|
| 54 | 54 | | agreement; or |
|---|
| 55 | 55 | | (B) willingness or refusal to enter into the |
|---|
| 56 | 56 | | agreement. |
|---|
| 57 | 57 | | (b) This section may not be construed to: |
|---|
| 58 | 58 | | (1) prohibit activity protected by the National Labor |
|---|
| 59 | 59 | | Relations Act (29 U.S.C. Section 151 et seq.), including entering |
|---|
| 60 | 60 | | into an agreement with a collective bargaining organization |
|---|
| 61 | 61 | | relating to the project; or |
|---|
| 62 | 62 | | (2) permit conduct prohibited under the National Labor |
|---|
| 63 | 63 | | Relations Act (29 U.S.C. Section 151 et seq.). |
|---|
| 64 | 64 | | SECTION 3. Section 51.7761, Education Code, and Section |
|---|
| 65 | 65 | | 2269.0541, Government Code, as added by this Act, apply only to a |
|---|
| 66 | 66 | | public work contract for which an invitation for offers, request |
|---|
| 67 | 67 | | for proposals, request for qualifications, or other similar |
|---|
| 68 | 68 | | solicitation is first published or distributed on or after the |
|---|
| 69 | 69 | | effective date of this Act. A public work contract for which an |
|---|
| 70 | 70 | | invitation for offers, request for proposals, request for |
|---|
| 71 | 71 | | qualifications, or other similar solicitation is first published or |
|---|
| 72 | 72 | | distributed before the effective date of this Act is governed by the |
|---|
| 73 | 73 | | law in effect at the time the invitation, request, or other |
|---|
| 74 | 74 | | solicitation is published or distributed, and the former law is |
|---|
| 75 | 75 | | continued in effect for that purpose. |
|---|
| 76 | 76 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 80 | 80 | | Act takes effect September 1, 2017. |
|---|