Texas 2025 - 89th Regular

Texas House Bill HB4525 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Tepper H.B. No. 4525
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to payroll deductions for certain state and local
7	9		government employee organizations.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. The heading to Section 403.0165, Government
10	12		Code, is amended to read as follows:
11	13		Sec. 403.0165. PAYROLL DEDUCTION FOR ELIGIBLE STATE
12	14		EMPLOYEE ORGANIZATION.
13	15		SECTION 2. Section 403.0165(l)(1), Government Code, is
14	16		amended to read as follows:
15	17		(1) "Eligible state employee organization" means a
16	18		state employee organization:
17	19		(A) with a membership that consists exclusively
18	20		of individuals who are:
19	21		(i) peace officers, as defined by Article
20	22		2A.001, Code of Criminal Procedure;
21	23		(ii) fire protection personnel, as defined
22	24		by Section 419.021 of this code; or
23	25		(iii) emergency medical services
24	26		personnel, as defined by Section 773.003, Health and Safety Code;
25	27		(B) [of at least 4,000 state employees
26	28		continuously for the 18 months preceding a request for
27	29		certification from the comptroller] that conducts activities on a
28	30		statewide basis; and
29	31		(C) that the comptroller has certified under this
30	32		article.
31	33		SECTION 3. The heading to Chapter 617, Government Code, is
32	34		amended to read as follows:
33	35		CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
34	36		DEDUCTIONS
35	37		SECTION 4. Chapter 617, Government Code, is amended by
36	38		adding Section 617.006 to read as follows:
37	39		Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
38	40		ORGANIZATION DUES; EXCEPTIONS. (a) Except as otherwise provided
39	41		by this section, the state or a political subdivision of the state
40	42		may not deduct, withhold, or transfer from an employee's salary or
41	43		wages payment of dues or membership fees to a labor organization or
42	44		other similar organization, including a trade union, labor union,
43	45		employees' association, or professional organization.
44	46		(b) Subsection (a) does not apply to deductions or
45	47		withholdings by:
46	48		(1) a state agency under Section 403.0165 or 659.1031;
47	49		or
48	50		(2) a political subdivision:
49	51		(A) under Section 141.008 or 155.001, Local
50	52		Government Code; or
51	53		(B) under the terms of an agreement entered into
52	54		under:
53	55		(i) Subchapter B or C, Chapter 142, Local
54	56		Government Code; or
55	57		(ii) Chapter 174, Local Government Code.
56	58		(c) Subsection (a) does not affect the ability of the state
57	59		or a political subdivision of the state to deduct or withhold from
58	60		an employee's salary or wages an amount for donation to a charitable
59	61		organization determined to be eligible for participation in the
60	62		state employee charitable campaign under Subchapter I, Chapter 659.
61	63		SECTION 5. Section 659.1031(b), Government Code, is amended
62	64		to read as follows:
63	65		(b) In this section, "eligible state employee organization"
64	66		has the meaning assigned by Section 403.0165(l) and includes
65	67		[means] a state employee organization with a membership of at least
66	68		2,000 active or retired state employees who hold or who have held
67	69		certification from the Texas Commission on Law Enforcement.
68	70		SECTION 6. The heading to Section 141.008, Local Government
69	71		Code, is amended to read as follows:
70	72		Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
71	73		POLICE OFFICERS, FIRE PROTECTION PERSONNEL, AND EMERGENCY MEDICAL
72	74		SERVICES PERSONNEL [IN CERTAIN MUNICIPALITIES].
73	75		SECTION 7. Section 141.008, Local Government Code, is
74	76		amended by amending Subsections (a), (a-1), and (a-2) and adding
75	77		Subsection (a-3) to read as follows:
76	78		(a) This section applies only to municipal employees who
77	79		are:
78	80		(1) peace officers, as defined by Article 2A.001, Code
79	81		of Criminal Procedure;
80	82		(2) fire protection personnel, as defined by Section
81	83		419.021, Government Code; or
82	84		(3) emergency medical services personnel, as defined
83	85		by Section 773.003, Health and Safety Code.
84	86		(a-1) The governing body of a municipality with a population
85	87		of more than 10,000 may deduct from the monthly salary or wages of a
86	88		municipal employee to which this section applies [employee's
87	89		monthly salary or wages] an amount requested in writing by the
88	90		employee in payment of membership dues to a bona fide employees'
89	91		association named by the employee.
90	92		(a-2) [(a-1)] The governing body shall make the payroll
91	93		deduction described by Subsection (a-1) [(a)] if requested in
92	94		writing by an employee who is a member of the municipality's fire
93	95		department or emergency medical services personnel [employees who
94	96		are fire protection personnel as defined by Section 419.021,
95	97		Government Code,] if the municipality:
96	98		(1) receives revenue from the state;[,] and
97	99		(2) [if the municipality] permits deductions for
98	100		purposes other than charity, health insurance, taxes, or other
99	101		purposes for which the municipality is required by law to permit a
100	102		deduction.
101	103		(a-3) [(a-2)] The governing body of a municipality whose
102	104		police department is not covered by a collective bargaining
103	105		agreement or meet and confer agreement entered into under this code
104	106		shall make the payroll deduction described by Subsection (a-1)
105	107		[(a)] if:
106	108		(1) requested in writing by an employee who is a member
107	109		of the municipality's police department [employees who:
108	110		[(A) are peace officers as defined by Article
109	111		2A.001, Code of Criminal Procedure; and
110	112		[(B) are not members of a police department
111	113		covered by a collective bargaining agreement or meet-and-confer
112	114		agreement entered into under this code]; and
113	115		(2) the municipality permits deductions for purposes
114	116		other than charity, health insurance, taxes, or other purposes for
115	117		which the municipality is required by law to permit a deduction.
116	118		SECTION 8. Section 146.002(2), Local Government Code, is
117	119		amended to read as follows:
118	120		(2) "Employee association" means an organization in
119	121		which municipal employees participate and that exists for the
120	122		purpose, wholly or partly, of dealing with one or more employers,
121	123		whether public or private, concerning grievances, labor disputes,
122	124		wages, rates of pay, hours of employment, or conditions of work
123	125		affecting public employees [and whose members pay dues by means of
124	126		an automatic payroll deduction].
125	127		SECTION 9. Section 146.003, Local Government Code, is
126	128		amended by adding Subsection (e) to read as follows:
127	129		(e) This chapter does not authorize an agreement for
128	130		deducting or withholding payment of dues, fees, or contributions to
129	131		a labor organization, as defined by Section 617.001, Government
130	132		Code, or any other similar entity, including a trade union, labor
131	133		union, employees' association, or professional organization in
132	134		violation of Section 617.006, Government Code.
133	135		SECTION 10. Section 146.017, Local Government Code, is
134	136		amended to read as follows:
135	137		Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING
136	138		PROVISIONS. (a) Except as provided by Subsection (b), a [A]
137	139		written meet and confer agreement ratified under this chapter
138	140		preempts, during the term of the agreement and to the extent of any
139	141		conflict, all contrary state statutes, local ordinances, executive
140	142		orders, civil service provisions, or rules adopted by this state or
141	143		a political subdivision or agent of this state, including a
142	144		personnel board, civil service commission, or home-rule
143	145		municipality, other than a statute, ordinance, executive order,
144	146		civil service provision, or rule regarding pensions or
145	147		pension-related matters.
146	148		(b) A written meet and confer agreement ratified under this
147	149		chapter may not conflict with or preempt Section 617.006,
148	150		Government Code.
149	151		SECTION 11. Section 155.001, Local Government Code, is
150	152		amended to read as follows:
151	153		Sec. 155.001. DEDUCTIONS AUTHORIZED IN COUNTIES;
152	154		PURPOSES. (a) The commissioners court, on the request of a county
153	155		employee, may authorize a payroll deduction to be made from the
154	156		employee's wages or salary for:
155	157		(1) payment to a credit union;
156	158		(2) payment of membership dues in [a labor union or] a
157	159		bona fide employees association;
158	160		(3) payment of fees for parking in a county-owned
159	161		facility;
160	162		(4) payment to a charitable organization; or
161	163		(5) payment relating to an item not listed in this
162	164		subsection if the commissioners court determines that the payment
163	165		serves a public purpose, unless the deduction would violate Section
164	166		617.006, Government Code.
165	167		(b) In this section:
166	168		(1) "Bona fide employees association" means an
167	169		employees association whose membership consists exclusively of:
168	170		(A) peace officers, as defined by Article 2A.001,
169	171		Code of Criminal Procedure;
170	172		(B) fire protection personnel, as defined by
171	173		Section 419.021, Government Code; or
172	174		(C) emergency medical services personnel, as
173	175		defined by Section 773.003, Health and Safety Code.
174	176		(2) "Charitable [, "charitable] organization" has the
175	177		meaning assigned by Section 659.131, Government Code.
176	178		SECTION 12. Section 155.003(b), Local Government Code, is
177	179		amended to read as follows:
178	180		(b) The credit union[, labor union,] or bona fide employees
179	181		association for whose benefit a deduction is made shall pay any
180	182		administrative costs for making the deduction. The commissioners
181	183		court shall determine the amount of the administrative costs.
182	184		SECTION 13. The following provisions are repealed:
183	185		(1) Section 22.001, Education Code; and
184	186		(2) Section 403.0165(k), Government Code.
185	187		SECTION 14. This Act takes effect September 1, 2025.