Texas 2017 - 85th Regular

Texas Senate Bill SB13 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Huffman, et al. S.B. No. 13
2		-	(In the Senate - Filed December 16, 2016; January 24, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	February 21, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 2;
6		-	February 21, 2017, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 13 By: Birdwell
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to payroll deductions for state and local government
14	7		employee organizations.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16		-	SECTION 1. Section 12.~~013~~(b), Education Code, is amended to
	9	+	SECTION 1. Section 22.001(a), Education Code, is amended to
17	10		read as follows:
18		-	(b) A home-rule school district is subject to:
19		-	(1) a provision of this title establishing a criminal
20		-	offense;
21		-	(2) a provision of this title relating to limitations
22		-	on liability; and
23		-	(3) a prohibition, restriction, or requirement, as
24		-	applicable, imposed by this title or a rule adopted under this
25		-	title, relating to:
26		-	(A) the Public Education Information Management
27		-	System (PEIMS) to the extent necessary to monitor compliance with
28		-	this subchapter as determined by the commissioner;
29		-	(B) educator certification under Chapter 21 and
30		-	educator rights under Sections 21.407 and[,] 21.408[, and 22.001];
31		-	(C) criminal history records under Subchapter C,
32		-	Chapter 22;
33		-	(D) student admissions under Section 25.001;
34		-	(E) school attendance under Sections 25.085,
35		-	25.086, and 25.087;
36		-	(F) inter-district or inter-county transfers of
37		-	students under Subchapter B, Chapter 25;
38		-	(G) elementary class size limits under Section
39		-	25.112, in the case of any campus in the district that fails to
40		-	satisfy any standard under Section 39.054(e);
41		-	(H) high school graduation under Section 28.025;
42		-	(I) special education programs under Subchapter
43		-	A, Chapter 29;
44		-	(J) bilingual education under Subchapter B,
45		-	Chapter 29;
46		-	(K) prekindergarten programs under Subchapter E,
47		-	Chapter 29;
48		-	(L) safety provisions relating to the
49		-	transportation of students under Sections 34.002, 34.003, 34.004,
50		-	and 34.008;
51		-	(M) computation and distribution of state aid
52		-	under Chapters 31, 42, and 43;
53		-	(N) extracurricular activities under Section
54		-	33.081;
55		-	(O) health and safety under Chapter 38;
56		-	(P) public school accountability under
57		-	Subchapters B, C, D, E, and J, Chapter 39;
58		-	(Q) equalized wealth under Chapter 41;
59		-	(R) a bond or other obligation or tax rate under
60		-	Chapters 42, 43, and 45; and
61		-	(S) purchasing under Chapter 44.
	11	+	(a) A school district employee who is employed in a
	12	+	professional law enforcement capacity is entitled to have an amount
	13	+	deducted from the employee's salary for membership fees or dues to a
	14	+	professional organization. The employee must:
	15	+	(1) file with the district a signed written request
	16	+	identifying the organization and specifying the number of pay
	17	+	periods per year the deductions are to be made; and
	18	+	(2) inform the district of the total amount of the fees
	19	+	and dues for each year or have the organization notify the district
	20	+	of the amount.
62	21		SECTION 2. The heading to Section 403.0165, Government
63	22		Code, is amended to read as follows:
64	23		Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE
65	24		ORGANIZATION: CERTAIN FIREFIGHTERS, POLICE OFFICERS, AND
66	25		EMERGENCY MEDICAL SERVICES PERSONNEL.
67	26		SECTION 3. Sections 403.0165(a), (b), (c), and (d),
68	27		Government Code, are amended to read as follows:
69	28		(a) A covered [An] employee of a state agency may authorize
70	29		a transfer each pay period from the employee's salary or wage
71	30		payment for a membership fee in an eligible state employee
72	31		organization. The authorization shall remain in effect until the
73	32		[an] employee authorizes a change in the authorization.
74	33		Authorizations and changes in authorizations must be provided in
75	34		accordance with rules adopted by the comptroller.
76	35		(b) The comptroller shall adopt rules for transfers by
77	36		covered employees to a certified eligible state employee
78	37		organization. The rules may authorize electronic transfers of
79	38		amounts deducted from covered employees' salaries and wages under
80	39		this section.
81	40		(c) Participation by covered employees of state agencies in
82	41		the payroll deduction program authorized by this section is
83	42		voluntary.
84	43		(d) To be certified by the comptroller, a state employee
85	44		organization must have a current dues structure for covered state
86	45		employees in place and operating in this state for a period of at
87	46		least 18 months.
88	47		SECTION 4. Section 403.0165(l), Government Code, is amended
89	48		by adding Subdivision (3) to read as follows:
90	49		(3) "Covered employee of a state agency" means:
91	50		(A) an individual employed by a state agency in a
92	51		professional law enforcement or firefighting capacity; or
93	52		(B) an individual employed by a state agency in a
94	53		capacity that meets the definition of "emergency medical services
95	54		personnel," as that term is defined by Section 773.003, Health and
96	55		Safety Code.
97	56		SECTION 5. The heading to Chapter 617, Government Code, is
98	57		amended to read as follows:
99	58		CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
100	59		DEDUCTIONS
101	60		SECTION 6. Chapter 617, Government Code, is amended by
102	61		adding Section 617.006 to read as follows:
103	62		Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
104	63		ORGANIZATION DUES. (a) Except as provided by Subsection (b), the
105	64		state or a political subdivision of the state may not deduct or
106	65		withhold, or contract to deduct or withhold, from an employee's
107	66		salary or wages payment of dues or membership fees to a labor
108	67		organization or other similar entity, including a trade union,
109	68		labor union, employees' association, or professional organization.
110	69		(b) Subsection (a) does not apply to deductions or
111	70		withholdings by:
112	71		(1) a state agency under Section 403.0165 or 659.1031;
113	72		or
114	73		(2) a political subdivision:
115	74		(A) under Section 141.008 or 155.001(a)(2),
116	75		Local Government Code; or
117	76		(B) under the terms of an agreement entered into
118	77		under:
119	78		(i) Subchapter B or C, Chapter 142, Local
120	79		Government Code; or
121	80		(ii) Chapter 174, Local Government Code.
122	81		(c) Subsection (a) does not affect the ability of the state
123	82		or a political subdivision of the state to deduct or withhold from
124	83		an employee's salary or wages an amount for donation to a charitable
125	84		organization determined to be eligible for participation in the
126	85		state employee charitable campaign under Subchapter I, Chapter 659.
127	86		SECTION 7. Section 659.1031(a), Government Code, is amended
128	87		to read as follows:
129	88		(a) An employee of a state agency employed in a professional
130	89		law enforcement capacity may authorize in writing a deduction each
131	90		pay period from the employee's salary or wage payment for payment to
132	91		an eligible state employee organization of a membership fee in the
133	92		organization.
134	93		SECTION 8. The heading to Section 141.008, Local Government
135	94		Code, is amended to read as follows:
136	95		Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
137	96		FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES
138	97		PERSONNEL [IN CERTAIN MUNICIPALITIES].
139	98		SECTION 9. Section 141.008, Local Government Code, is
140	99		amended by amending Subsections (a), (a-1), and (a-2) and adding
141	100		Subsection (a-3) to read as follows:
142	101		(a) This section applies only to a municipal employee who
143	102		is:
144	103		(1) a member of the municipality's fire or police
145	104		department; or
146	105		(2) emergency medical services personnel, as defined
147	106		by Section 773.003, Health and Safety Code.
148	107		(a-1) The governing body of a municipality with a population
149	108		of more than 10,000 may deduct from a municipal employee's monthly
150	109		salary or wages an amount requested in writing by the employee in
151	110		payment of membership dues to a bona fide employees' association
152	111		named by the employee.
153	112		(a-2) [(a-1)] The governing body shall make the payroll
154	113		deduction described by Subsection (a-1) [(a)] if requested in
155	114		writing by an employee who is a member of the municipality's fire
156	115		department or emergency medical services personnel [employees who
157	116		are fire protection personnel as defined by Section 419.021,
158	117		Government Code,] if the municipality:
159	118		(1) receives revenue from the state;[,] and
160	119		(2) [if the municipality] permits deductions for
161	120		purposes other than charity, health insurance, taxes, or other
162	121		purposes for which the municipality is required by law to permit a
163	122		deduction.
164	123		(a-3) [(a-2)] The governing body of a municipality whose
165	124		police department is not covered by a collective bargaining
166	125		agreement or meet and confer agreement entered into under this code
167	126		shall make the payroll deduction described by Subsection (a-1)
168	127		[(a)] if:
169	128		(1) requested in writing by an employee who is a member
170	129		of the municipality's police department [employees who:
171	130		[(A) are peace officers as defined by Article
172	131		2.12, Code of Criminal Procedure; and
173	132		[(B) are not members of a police department
174	133		covered by a collective bargaining agreement or meet-and-confer
175	134		agreement entered into under this code]; and
176	135		(2) the municipality permits deductions for purposes
177	136		other than charity, health insurance, taxes, or other purposes for
178	137		which the municipality is required by law to permit a deduction.
179	138		SECTION 10. Section 146.002(2), Local Government Code, is
180	139		amended to read as follows:
181	140		(2) "Employee association" means an organization in
182	141		which municipal employees participate and that exists for the
183	142		purpose, wholly or partly, of dealing with one or more employers,
184	143		whether public or private, concerning grievances, labor disputes,
185	144		wages, rates of pay, hours of employment, or conditions of work
186	145		affecting public employees [and whose members pay dues by means of
187	146		an automatic payroll deduction].
188	147		SECTION 11. Section 146.003, Local Government Code, is
189	148		amended by adding Subsection (e) to read as follows:
190	149		(e) This chapter does not authorize an agreement for
191	150		deducting or withholding payment of dues, fees, or contributions to
192	151		a labor organization or other similar entity, including a trade
193	152		union, labor union, employees' association, or professional
194	153		organization in violation of Section 617.006, Government Code.
195	154		SECTION 12. Section 146.017, Local Government Code, is
196	155		amended to read as follows:
197	156		Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
198	157		(a) Except as provided by Subsection (b), a [A] written meet and
199	158		confer agreement ratified under this chapter preempts, during the
200	159		term of the agreement and to the extent of any conflict, all
201	160		contrary state statutes, local ordinances, executive orders, civil
202	161		service provisions, or rules adopted by this state or a political
203	162		subdivision or agent of this state, including a personnel board,
204	163		civil service commission, or home-rule municipality, other than a
205	164		statute, ordinance, executive order, civil service provision, or
206	165		rule regarding pensions or pension-related matters.
207	166		(b) A written meet and confer agreement ratified under this
208	167		chapter may not conflict with or preempt Section 617.006,
209	168		Government Code.
210	169		SECTION 13. Section 155.001(a), Local Government Code, is
211	170		amended to read as follows:
212	171		(a) The commissioners court, on the request of a county
213	172		employee, may authorize a payroll deduction to be made from the
214	173		employee's wages or salary for:
215	174		(1) payment to a credit union;
216	175		(2) payment of membership dues in a labor union or a
217	176		bona fide employees association if the requesting employee serves:
218	177		(A) in a professional law enforcement or
219	178		firefighting capacity; or
220	179		(B) in a capacity that meets the definition of
221	180		"emergency medical services personnel," as that term is defined by
222	181		Section 773.003, Health and Safety Code;
223	182		(3) payment of fees for parking in a county-owned
224	183		facility;
225	184		(4) payment to a charitable organization; or
226	185		(5) payment relating to an item not listed in this
227	186		subsection if the commissioners court determines that the payment
228	187		serves a public purpose, unless the deduction would violate another
229	188		law, including Section 617.006, Government Code.
230		-	SECTION 14. Section 22.001, Education Code, is repealed.
231		-	SECTION 15. This Act takes effect September 1, 2017.
232		-	* * * * *
	189	+	SECTION 14. This Act takes effect September 1, 2017.