Texas 2023 - 88th Regular

Texas House Bill HB4640 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Schatzline H.B. No. 4640
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to payroll deductions for certain school district
7	7	employees for membership in a professional organization or
8	8	association.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. SHORT TITLE. This Act shall be known as the
11	11	Paycheck Protection Act of 2023.
12	12	SECTION 2. Chapter 22, Education Code, is amended by adding
13	13	Sections 22.0001 to read as follows:
14	14	Sec. 22.0001. DEFINITIONS. In this subchapter:
15	15	(1) "Professional organization" means an
16	16	organization, association, or union in which school district
17	17	employees participate and that exists, in whole or in part, to deal
18	18	with one or more public employers concerning grievances, labor
19	19	disputes, or conditions of employment affecting school district
20	20	employees and whose members pay fees or dues.
21	21	(2) "Association" has the meaning assigned by Section
22	22	174.003, Local Government Code.
23	23	SECTION 3. Section 22.001, Education Code, is amended by
24	24	amending Subsection (a) and adding Subsection (a-1) to read as
25	25	follows:
26	26	(a) A school district employee, other than an employee who
27	27	is employed in a professional law enforcement capacity is not
28	28	entitled to have an amount deducted from the employee's salary for
29	29	membership fees or dues to a professional organization [. The
30	30	employee must:
31	31	[(1) file with the district a signed written request
32	32	identifying the organization and specifying the number of pay
33	33	periods per year the deductions are to be made; and
34	34	[(2) inform the district of the total amount of the
35	35	fees and dues for each year or have the organization notify the
36	36	district of the amount].
37	37	(a-1) A school district employee employed in a professional
38	38	law enforcement capacity is entitled to have an amount deducted
39	39	from the employee's salary for membership fees or dues to a
40	40	professional organization or association. The employee must:
41	41	(1) file with the district a signed written request
42	42	identifying the organization or association and specifying the
43	43	number of pay periods per year the deductions are to be made; and
44	44	(2) inform the district of the total amount of the fees
45	45	and dues for each year or have the organization or association
46	46	notify the district of the amount.
47	47	SECTION 4. Chapter 22, Education Code, is amended by adding
48	48	Section 22.0011 to read as follows:
49	49	Sec. 22.0011. PROHIBITION ON COLLECTION OF PROFESSIONAL
50	50	ORGANIZATION DUES. (a) Except as provided by Subsection (b), a
51	51	school district may not deduct or withhold, or contract to deduct or
52	52	withhold, from an employee's salary or wages payment of dues or
53	53	membership fees to a professional organization or association.
54	54	(b) Subsection (a) does not apply to an employee who is
55	55	employed in a professional law enforcement capacity.
56	56	(c) Subsection (a) does not affect the ability of a school
57	57	district to deduct or withhold from an employee's salary or wages an
58	58	amount for donation to an eligible charitable organization.
59	59	SECTION 5. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2023.