Texas 2021 - 87th Regular

Texas Senate Bill SB1660 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1264 JTS-D
2	2	By: Bettencourt S.B. No. 1660
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to payroll deductions for state and local government
8	8	employee organizations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.001(a), Education Code, is amended to
11	11	read as follows:
12	12	(a) A school district employee who is employed in a
13	13	professional law enforcement capacity is entitled to have an amount
14	14	deducted from the employee's salary for membership fees or dues to a
15	15	professional organization. The employee must:
16	16	(1) file with the district a signed written request
17	17	identifying the organization and specifying the number of pay
18	18	periods per year the deductions are to be made; and
19	19	(2) inform the district of the total amount of the fees
20	20	and dues for each year or have the organization notify the district
21	21	of the amount.
22	22	SECTION 2. The heading to Section 403.0165, Government
23	23	Code, is amended to read as follows:
24	24	Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE
25	25	ORGANIZATION: CERTAIN FIREFIGHTERS, POLICE OFFICERS, AND
26	26	EMERGENCY MEDICAL SERVICES PERSONNEL.
27	27	SECTION 3. Sections 403.0165(a), (b), (c), and (d),
28	28	Government Code, are amended to read as follows:
29	29	(a) A covered [An] employee [of a state agency] may
30	30	authorize a transfer each pay period from the employee's salary or
31	31	wage payment for a membership fee in an eligible state employee
32	32	organization. The authorization shall remain in effect until the
33	33	[an] employee authorizes a change in the authorization.
34	34	Authorizations and changes in authorizations must be provided in
35	35	accordance with rules adopted by the comptroller.
36	36	(b) The comptroller shall adopt rules for transfers by
37	37	covered employees to a certified eligible state employee
38	38	organization. The rules may authorize electronic transfers of
39	39	amounts deducted from covered employees' salaries and wages under
40	40	this section.
41	41	(c) Participation by covered employees [of state agencies]
42	42	in the payroll deduction program authorized by this section is
43	43	voluntary.
44	44	(d) To be certified by the comptroller, a state employee
45	45	organization must have a current dues structure for covered [state]
46	46	employees in place and operating in this state for a period of at
47	47	least 18 months.
48	48	SECTION 4. Section 403.0165(l), Government Code, is amended
49	49	by adding Subdivision (3) to read as follows:
50	50	(3) "Covered employee" means:
51	51	(A) an individual employed by a state agency in a
52	52	professional law enforcement or firefighting capacity; or
53	53	(B) an individual employed by a state agency in a
54	54	capacity that meets the definition of "emergency medical services
55	55	personnel," as that term is defined by Section 773.003, Health and
56	56	Safety Code.
57	57	SECTION 5. The heading to Chapter 617, Government Code, is
58	58	amended to read as follows:
59	59	CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
60	60	DEDUCTIONS
61	61	SECTION 6. Chapter 617, Government Code, is amended by
62	62	adding Section 617.006 to read as follows:
63	63	Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
64	64	ORGANIZATION DUES. (a) Except as provided by Subsection (b), the
65	65	state or a political subdivision of the state may not deduct or
66	66	withhold, or contract to deduct or withhold, from an employee's
67	67	salary or wages payment of dues or membership fees to a labor
68	68	organization or other similar entity, including a trade union,
69	69	labor union, employees' association, or professional organization.
70	70	(b) Subsection (a) does not apply to deductions or
71	71	withholdings by:
72	72	(1) a state agency under Section 403.0165 or 659.1031;
73	73	or
74	74	(2) a political subdivision:
75	75	(A) under Section 141.008 or 155.001(a)(2),
76	76	Local Government Code; or
77	77	(B) under the terms of an agreement entered into
78	78	under:
79	79	(i) Subchapter B or C, Chapter 142, Local
80	80	Government Code; or
81	81	(ii) Chapter 174, Local Government Code.
82	82	(c) Subsection (a) does not affect the ability of the state
83	83	or a political subdivision of the state to deduct or withhold from
84	84	an employee's salary or wages an amount for donation to a charitable
85	85	organization determined to be eligible for participation in the
86	86	state employee charitable campaign under Subchapter I, Chapter 659.
87	87	SECTION 7. Section 659.1031(a), Government Code, is amended
88	88	to read as follows:
89	89	(a) An employee of a state agency employed in a professional
90	90	law enforcement capacity may authorize in writing a deduction each
91	91	pay period from the employee's salary or wage payment for payment to
92	92	an eligible state employee organization of a membership fee in the
93	93	organization.
94	94	SECTION 8. The heading to Section 141.008, Local Government
95	95	Code, is amended to read as follows:
96	96	Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
97	97	FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES
98	98	PERSONNEL [IN CERTAIN MUNICIPALITIES].
99	99	SECTION 9. Section 141.008, Local Government Code, is
100	100	amended by amending Subsections (a), (a-1), and (a-2) and adding
101	101	Subsection (a-3) to read as follows:
102	102	(a) This section applies only to a municipal employee who
103	103	is:
104	104	(1) a member of the municipality's fire or police
105	105	department; or
106	106	(2) emergency medical services personnel, as defined
107	107	by Section 773.003, Health and Safety Code.
108	108	(a-1) The governing body of a municipality with a population
109	109	of more than 10,000 may deduct from a municipal employee's monthly
110	110	salary or wages an amount requested in writing by the employee in
111	111	payment of membership dues to a bona fide employees' association
112	112	named by the employee.
113	113	(a-2) [(a-1)] The governing body shall make the payroll
114	114	deduction described by Subsection (a-1) [(a)] if requested in
115	115	writing by an employee who is a member of the municipality's fire
116	116	department or emergency medical services personnel [employees who
117	117	are fire protection personnel as defined by Section 419.021,
118	118	Government Code,] if the municipality:
119	119	(1) receives revenue from the state;[,] and
120	120	(2) [if the municipality] permits deductions for
121	121	purposes other than charity, health insurance, taxes, or other
122	122	purposes for which the municipality is required by law to permit a
123	123	deduction.
124	124	(a-3) [(a-2)] The governing body of a municipality whose
125	125	police department is not covered by a collective bargaining
126	126	agreement or meet and confer agreement entered into under this code
127	127	shall make the payroll deduction described by Subsection (a-1)
128	128	[(a)] if:
129	129	(1) requested in writing by an employee who is a member
130	130	of the municipality's police department [employees who:
131	131	[(A) are peace officers as defined by Article
132	132	2.12, Code of Criminal Procedure; and
133	133	[(B) are not members of a police department
134	134	covered by a collective bargaining agreement or meet-and-confer
135	135	agreement entered into under this code]; and
136	136	(2) the municipality permits deductions for purposes
137	137	other than charity, health insurance, taxes, or other purposes for
138	138	which the municipality is required by law to permit a deduction.
139	139	SECTION 10. Section 146.002(2), Local Government Code, is
140	140	amended to read as follows:
141	141	(2) "Employee association" means an organization in
142	142	which municipal employees participate and that exists for the
143	143	purpose, wholly or partly, of dealing with one or more employers,
144	144	whether public or private, concerning grievances, labor disputes,
145	145	wages, rates of pay, hours of employment, or conditions of work
146	146	affecting public employees [and whose members pay dues by means of
147	147	an automatic payroll deduction].
148	148	SECTION 11. Section 146.003, Local Government Code, is
149	149	amended by adding Subsection (e) to read as follows:
150	150	(e) This chapter does not authorize an agreement for
151	151	deducting or withholding payment of dues, fees, or contributions to
152	152	a labor organization or other similar entity, including a trade
153	153	union, labor union, employees' association, or professional
154	154	organization in violation of Section 617.006, Government Code.
155	155	SECTION 12. Section 146.017, Local Government Code, is
156	156	amended to read as follows:
157	157	Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
158	158	(a) Except as provided by Subsection (b), a [A] written meet and
159	159	confer agreement ratified under this chapter preempts, during the
160	160	term of the agreement and to the extent of any conflict, all
161	161	contrary state statutes, local ordinances, executive orders, civil
162	162	service provisions, or rules adopted by this state or a political
163	163	subdivision or agent of this state, including a personnel board,
164	164	civil service commission, or home-rule municipality, other than a
165	165	statute, ordinance, executive order, civil service provision, or
166	166	rule regarding pensions or pension-related matters.
167	167	(b) A written meet and confer agreement ratified under this
168	168	chapter may not conflict with or preempt Section 617.006,
169	169	Government Code.
170	170	SECTION 13. Section 155.001(a), Local Government Code, is
171	171	amended to read as follows:
172	172	(a) The commissioners court, on the request of a county
173	173	employee, may authorize a payroll deduction to be made from the
174	174	employee's wages or salary for:
175	175	(1) payment to a credit union;
176	176	(2) payment of membership dues in a labor union or a
177	177	bona fide employees association if the requesting employee serves:
178	178	(A) in a professional law enforcement or
179	179	firefighting capacity; or
180	180	(B) in a capacity that meets the definition of
181	181	"emergency medical services personnel," as that term is defined by
182	182	Section 773.003, Health and Safety Code;
183	183	(3) payment of fees for parking in a county-owned
184	184	facility;
185	185	(4) payment to a charitable organization; or
186	186	(5) payment relating to an item not listed in this
187	187	subsection if the commissioners court determines that the payment
188	188	serves a public purpose, unless the deduction would violate another
189	189	law, including Section 617.006, Government Code.
190	190	SECTION 14. This Act takes effect September 1, 2021.