By: Schatzline H.B. No. 4640
A BILL TO BE ENTITLED
AN ACT
relating to payroll deductions for certain school district
employees for membership in a professional organization or
association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SHORT TITLE. This Act shall be known as the
Paycheck Protection Act of 2023.
SECTION 2. Chapter 22, Education Code, is amended by adding
Sections 22.0001 to read as follows:
Sec. 22.0001. DEFINITIONS. In this subchapter:
(1) "Professional organization" means an
organization, association, or union in which school district
employees participate and that exists, in whole or in part, to deal
with one or more public employers concerning grievances, labor
disputes, or conditions of employment affecting school district
employees and whose members pay fees or dues.
(2) "Association" has the meaning assigned by Section
174.003, Local Government Code.
SECTION 3. Section 22.001, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A school district employee, other than an employee who
is employed in a professional law enforcement capacity is not
entitled to have an amount deducted from the employee's salary for
membership fees or dues to a professional organization [. The
employee must:
[(1) file with the district a signed written request
identifying the organization and specifying the number of pay
periods per year the deductions are to be made; and
[(2) inform the district of the total amount of the
fees and dues for each year or have the organization notify the
district of the amount].
(a-1) A school district employee employed in a professional
law enforcement capacity is entitled to have an amount deducted
from the employee's salary for membership fees or dues to a
professional organization or association. The employee must:
(1) file with the district a signed written request
identifying the organization or association and specifying the
number of pay periods per year the deductions are to be made; and
(2) inform the district of the total amount of the fees
and dues for each year or have the organization or association
notify the district of the amount.
SECTION 4. Chapter 22, Education Code, is amended by adding
Section 22.0011 to read as follows:
Sec. 22.0011. PROHIBITION ON COLLECTION OF PROFESSIONAL
ORGANIZATION DUES. (a) Except as provided by Subsection (b), a
school district may not deduct or withhold, or contract to deduct or
withhold, from an employee's salary or wages payment of dues or
membership fees to a professional organization or association.
(b) Subsection (a) does not apply to an employee who is
employed in a professional law enforcement capacity.
(c) Subsection (a) does not affect the ability of a school
district to deduct or withhold from an employee's salary or wages an
amount for donation to an eligible charitable organization.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.