Texas 2019 - 86th Regular

Texas House Bill HB985 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 985
	1	+	By: Parker, et al. (Senate Sponsor - Hancock) H.B. No. 985
	2	+	(In the Senate - Received from the House April 30, 2019;
	3	+	May 1, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 10, 2019, reported favorably by the following vote:
	5	+	Yeas 6, Nays 1; May 10, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the effect of certain agreements with a collective
6	12		bargaining organization on certain state-funded public work
7	13		contracts.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subchapter T, Chapter 51, Education Code, is
10	16		amended by adding Section 51.7761 to read as follows:
11	17		Sec. 51.7761. AGREEMENT WITH COLLECTIVE BARGAINING
12	18		ORGANIZATION. (a) In this section, "public work contract" means a
13	19		contract for constructing, altering, or repairing a public building
14	20		or carrying out or completing any public work.
15	21		(b) An institution awarding a public work contract funded
16	22		with state money, including the issuance of debt guaranteed by this
17	23		state, may not:
18	24		(1) prohibit, require, discourage, or encourage a
19	25		person bidding on the public work contract, including a contractor
20	26		or subcontractor, from entering into or adhering to an agreement
21	27		with a collective bargaining organization relating to the project;
22	28		or
23	29		(2) discriminate against a person described by
24	30		Subdivision (1) based on the person's involvement in the agreement,
25	31		including the person's:
26	32		(A) status or lack of status as a party to the
27	33		agreement; or
28	34		(B) willingness or refusal to enter into the
29	35		agreement.
30	36		(c) This section may not be construed to:
31	37		(1) prohibit activity protected by the National Labor
32	38		Relations Act (29 U.S.C. Section 151 et seq.), including entering
33	39		into an agreement with a collective bargaining organization
34	40		relating to the project; or
35	41		(2) permit conduct prohibited under the National Labor
36	42		Relations Act (29 U.S.C. Section 151 et seq.).
37	43		SECTION 2. Subchapter B, Chapter 2269, Government Code, is
38	44		amended by adding Section 2269.0541 to read as follows:
39	45		Sec. 2269.0541. AGREEMENT WITH COLLECTIVE BARGAINING
40	46		ORGANIZATION. (a) A governmental entity awarding a public work
41	47		contract funded with state money, including the issuance of debt
42	48		guaranteed by this state, may not:
43	49		(1) prohibit, require, discourage, or encourage a
44	50		person bidding on the public work contract, including a contractor
45	51		or subcontractor, from entering into or adhering to an agreement
46	52		with a collective bargaining organization relating to the project;
47	53		or
48	54		(2) discriminate against a person described by
49	55		Subdivision (1) based on the person's involvement in the agreement,
50	56		including the person's:
51	57		(A) status or lack of status as a party to the
52	58		agreement; or
53	59		(B) willingness or refusal to enter into the
54	60		agreement.
55	61		(b) This section may not be construed to:
56	62		(1) prohibit activity protected by the National Labor
57	63		Relations Act (29 U.S.C. Section 151 et seq.), including entering
58	64		into an agreement with a collective bargaining organization
59	65		relating to the project; or
60	66		(2) permit conduct prohibited under the National Labor
61	67		Relations Act (29 U.S.C. Section 151 et seq.).
62	68		SECTION 3. Section 51.7761, Education Code, and Section
63	69		2269.0541, Government Code, as added by this Act, apply only to a
64	70		public work contract for which an invitation for offers, request
65	71		for proposals, request for qualifications, or other similar
66	72		solicitation is first published or distributed on or after the
67	73		effective date of this Act. A public work contract for which an
68	74		invitation for offers, request for proposals, request for
69	75		qualifications, or other similar solicitation is first published or
70	76		distributed before the effective date of this Act is governed by the
71	77		law in effect at the time the invitation, request, or other
72	78		solicitation is published or distributed, and the former law is
73	79		continued in effect for that purpose.
74	80		SECTION 4. This Act takes effect immediately if it receives
75	81		a vote of two-thirds of all the members elected to each house, as
76	82		provided by Section 39, Article III, Texas Constitution. If this
77	83		Act does not receive the vote necessary for immediate effect, this
78	84		Act takes effect September 1, 2019.
79		-	______________________________ ______________________________
80		-	President of the Senate Speaker of the House
81		-	I certify that H.B. No. 985 was passed by the House on April
82		-	30, 2019, by the following vote: Yeas 93, Nays 54, 1 present, not
83		-	voting.
84		-	______________________________
85		-	Chief Clerk of the House
86		-	I certify that H.B. No. 985 was passed by the Senate on May
87		-	16, 2019, by the following vote: Yeas 19, Nays 12.
88		-	______________________________
89		-	Secretary of the Senate
90		-	APPROVED: _____________________
91		-	Date
92		-	_____________________
93		-	Governor
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