Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB7 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes, et al. S.B. No. 7
	2	+	(In the Senate - Filed July 14, 2017; July 20, 2017, read
	3	+	first time and referred to Committee on Business & Commerce;
	4	+	July 23, 2017, reported favorably by the following vote: Yeas 6,
	5	+	Nays 3; July 23, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to payroll deductions for state and local government
7	12		employee organizations.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	14		SECTION 1. Section 22.001(a), Education Code, is amended to
10	15		read as follows:
11	16		(a) A school district employee who is employed in a
12	17		professional law enforcement capacity is entitled to have an amount
13	18		deducted from the employee's salary for membership fees or dues to a
14	19		professional organization. The employee must:
15	20		(1) file with the district a signed written request
16	21		identifying the organization and specifying the number of pay
17	22		periods per year the deductions are to be made; and
18	23		(2) inform the district of the total amount of the fees
19	24		and dues for each year or have the organization notify the district
20	25		of the amount.
21	26		SECTION 2. The heading to Section 403.0165, Government
22	27		Code, is amended to read as follows:
23	28		Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE
24	29		ORGANIZATION: CERTAIN FIREFIGHTERS, POLICE OFFICERS, AND
25	30		EMERGENCY MEDICAL SERVICES PERSONNEL.
26	31		SECTION 3. Sections 403.0165(a), (b), (c), and (d),
27	32		Government Code, are amended to read as follows:
28	33		(a) A covered [An] employee of a state agency may authorize
29	34		a transfer each pay period from the employee's salary or wage
30	35		payment for a membership fee in an eligible state employee
31	36		organization. The authorization shall remain in effect until the
32	37		[an] employee authorizes a change in the authorization.
33	38		Authorizations and changes in authorizations must be provided in
34	39		accordance with rules adopted by the comptroller.
35	40		(b) The comptroller shall adopt rules for transfers by
36	41		covered employees to a certified eligible state employee
37	42		organization. The rules may authorize electronic transfers of
38	43		amounts deducted from covered employees' salaries and wages under
39	44		this section.
40	45		(c) Participation by covered employees of state agencies in
41	46		the payroll deduction program authorized by this section is
42	47		voluntary.
43	48		(d) To be certified by the comptroller, a state employee
44	49		organization must have a current dues structure for covered state
45	50		employees in place and operating in this state for a period of at
46	51		least 18 months.
47	52		SECTION 4. Section 403.0165(l), Government Code, is amended
48	53		by adding Subdivision (3) to read as follows:
49	54		(3) "Covered employee of a state agency" means:
50	55		(A) an individual employed by a state agency in a
51	56		professional law enforcement or firefighting capacity; or
52	57		(B) an individual employed by a state agency in a
53	58		capacity that meets the definition of "emergency medical services
54	59		personnel," as that term is defined by Section 773.003, Health and
55	60		Safety Code.
56	61		SECTION 5. The heading to Chapter 617, Government Code, is
57	62		amended to read as follows:
58	63		CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
59	64		DEDUCTIONS
60	65		SECTION 6. Chapter 617, Government Code, is amended by
61	66		adding Section 617.006 to read as follows:
62	67		Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
63	68		ORGANIZATION DUES. (a) Except as provided by Subsection (b), the
64	69		state or a political subdivision of the state may not deduct or
65	70		withhold, or contract to deduct or withhold, from an employee's
66	71		salary or wages payment of dues or membership fees to a labor
67	72		organization or other similar entity, including a trade union,
68	73		labor union, employees' association, or professional organization.
69	74		(b) Subsection (a) does not apply to deductions or
70	75		withholdings by:
71	76		(1) a state agency under Section 403.0165 or 659.1031;
72	77		or
73	78		(2) a political subdivision:
74	79		(A) under Section 141.008 or 155.001(a)(2),
75	80		Local Government Code; or
76	81		(B) under the terms of an agreement entered into
77	82		under:
78	83		(i) Subchapter B or C, Chapter 142, Local
79	84		Government Code; or
80	85		(ii) Chapter 174, Local Government Code.
81	86		(c) Subsection (a) does not affect the ability of the state
82	87		or a political subdivision of the state to deduct or withhold from
83	88		an employee's salary or wages an amount for donation to a charitable
84	89		organization determined to be eligible for participation in the
85	90		state employee charitable campaign under Subchapter I, Chapter 659.
86	91		SECTION 7. Section 659.1031(a), Government Code, is amended
87	92		to read as follows:
88	93		(a) An employee of a state agency employed in a professional
89	94		law enforcement capacity may authorize in writing a deduction each
90	95		pay period from the employee's salary or wage payment for payment to
91	96		an eligible state employee organization of a membership fee in the
92	97		organization.
93	98		SECTION 8. The heading to Section 141.008, Local Government
94	99		Code, is amended to read as follows:
95	100		Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
96	101		FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES
97	102		PERSONNEL [IN CERTAIN MUNICIPALITIES].
98	103		SECTION 9. Section 141.008, Local Government Code, is
99	104		amended by amending Subsections (a), (a-1), and (a-2) and adding
100	105		Subsection (a-3) to read as follows:
101	106		(a) This section applies only to a municipal employee who
102	107		is:
103	108		(1) a member of the municipality's fire or police
104	109		department; or
105	110		(2) emergency medical services personnel, as defined
106	111		by Section 773.003, Health and Safety Code.
107	112		(a-1) The governing body of a municipality with a population
108	113		of more than 10,000 may deduct from a municipal employee's monthly
109	114		salary or wages an amount requested in writing by the employee in
110	115		payment of membership dues to a bona fide employees' association
111	116		named by the employee.
112	117		(a-2) [(a-1)] The governing body shall make the payroll
113	118		deduction described by Subsection (a-1) [(a)] if requested in
114	119		writing by an employee who is a member of the municipality's fire
115	120		department or emergency medical services personnel [employees who
116	121		are fire protection personnel as defined by Section 419.021,
117	122		Government Code,] if the municipality:
118	123		(1) receives revenue from the state;[,] and
119	124		(2) [if the municipality] permits deductions for
120	125		purposes other than charity, health insurance, taxes, or other
121	126		purposes for which the municipality is required by law to permit a
122	127		deduction.
123	128		(a-3) [(a-2)] The governing body of a municipality whose
124	129		police department is not covered by a collective bargaining
125	130		agreement or meet and confer agreement entered into under this code
126	131		shall make the payroll deduction described by Subsection (a-1)
127	132		[(a)] if:
128	133		(1) requested in writing by an employee who is a member
129	134		of the municipality's police department [employees who:
130	135		[(A) are peace officers as defined by Article
131	136		2.12, Code of Criminal Procedure; and
132	137		[(B) are not members of a police department
133	138		covered by a collective bargaining agreement or meet-and-confer
134	139		agreement entered into under this code]; and
135	140		(2) the municipality permits deductions for purposes
136	141		other than charity, health insurance, taxes, or other purposes for
137	142		which the municipality is required by law to permit a deduction.
138	143		SECTION 10. Section 146.002(2), Local Government Code, is
139	144		amended to read as follows:
140	145		(2) "Employee association" means an organization in
141	146		which municipal employees participate and that exists for the
142	147		purpose, wholly or partly, of dealing with one or more employers,
143	148		whether public or private, concerning grievances, labor disputes,
144	149		wages, rates of pay, hours of employment, or conditions of work
145	150		affecting public employees [and whose members pay dues by means of
146	151		an automatic payroll deduction].
147	152		SECTION 11. Section 146.003, Local Government Code, is
148	153		amended by adding Subsection (e) to read as follows:
149	154		(e) This chapter does not authorize an agreement for
150	155		deducting or withholding payment of dues, fees, or contributions to
151	156		a labor organization or other similar entity, including a trade
152	157		union, labor union, employees' association, or professional
153	158		organization in violation of Section 617.006, Government Code.
154	159		SECTION 12. Section 146.017, Local Government Code, is
155	160		amended to read as follows:
156	161		Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
157	162		(a) Except as provided by Subsection (b), a [A] written meet and
158	163		confer agreement ratified under this chapter preempts, during the
159	164		term of the agreement and to the extent of any conflict, all
160	165		contrary state statutes, local ordinances, executive orders, civil
161	166		service provisions, or rules adopted by this state or a political
162	167		subdivision or agent of this state, including a personnel board,
163	168		civil service commission, or home-rule municipality, other than a
164	169		statute, ordinance, executive order, civil service provision, or
165	170		rule regarding pensions or pension-related matters.
166	171		(b) A written meet and confer agreement ratified under this
167	172		chapter may not conflict with or preempt Section 617.006,
168	173		Government Code.
169	174		SECTION 13. Section 155.001(a), Local Government Code, is
170	175		amended to read as follows:
171	176		(a) The commissioners court, on the request of a county
172	177		employee, may authorize a payroll deduction to be made from the
173	178		employee's wages or salary for:
174	179		(1) payment to a credit union;
175	180		(2) payment of membership dues in a labor union or a
176	181		bona fide employees association if the requesting employee serves:
177	182		(A) in a professional law enforcement or
178	183		firefighting capacity; or
179	184		(B) in a capacity that meets the definition of
180	185		"emergency medical services personnel," as that term is defined by
181	186		Section 773.003, Health and Safety Code;
182	187		(3) payment of fees for parking in a county-owned
183	188		facility;
184	189		(4) payment to a charitable organization; or
185	190		(5) payment relating to an item not listed in this
186	191		subsection if the commissioners court determines that the payment
187	192		serves a public purpose, unless the deduction would violate another
188	193		law, including Section 617.006, Government Code.
189	194		SECTION 14. This Act takes effect December 1, 2017.
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