By: Hancock, et al. S.B. No. 936
A BILL TO BE ENTITLED
AN ACT
relating to certain agreements with collective bargaining
organizations related to certain publicly funded public work
contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.7761(b), Education Code, is amended
to read as follows:
(b) An institution awarding a public work contract funded
in whole or in part with state or local governmental money or
governmentally administered financial assistance, including the
issuance of debt guaranteed by this state or a local governmental
entity, money from ratepayers, or money from user fees, may not:
(1) prohibit, require, discourage, or encourage a
person bidding on the public work contract, including a contractor
or subcontractor, from entering into or adhering to an agreement
with a collective bargaining organization relating to the project;
or
(2) discriminate against a person described by
Subdivision (1) based on the person's involvement in the agreement,
including the person's:
(A) status or lack of status as a party to the
agreement; or
(B) willingness or refusal to enter into the
agreement.
SECTION 2. Section 2269.0541(a), Government Code, is
amended to read as follows:
(a) A governmental entity awarding a public work contract
funded in whole or in part with state or local governmental money or
governmentally administered financial assistance, including the
issuance of debt guaranteed by this state or a local governmental
entity, money from ratepayers, or money from user fees, may not:
(1) prohibit, require, discourage, or encourage a
person bidding on the public work contract, including a contractor
or subcontractor, from entering into or adhering to an agreement
with a collective bargaining organization relating to the project;
or
(2) discriminate against a person described by
Subdivision (1) based on the person's involvement in the agreement,
including the person's:
(A) status or lack of status as a party to the
agreement; or
(B) willingness or refusal to enter into the
agreement.
SECTION 3. The changes made by this Act to Section 51.7761,
Education Code, and Section 2269.0541, Government Code, apply only
to a public work contract for which an invitation for offers,
request for proposals, request for qualifications, or other similar
solicitation is first published or distributed on or after the
effective date of this Act. A public work contract for which an
invitation for offers, request for proposals, request for
qualifications, or other similar solicitation is first published or
distributed before the effective date of this Act is governed by the
law in effect at the time the invitation, request, or other
solicitation is published or distributed, and the former law is
continued in effect for that purpose.
SECTION 4. 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.