Texas 2025 - 89th Regular

Texas House Bill HB5019 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Capriglione H.B. No. 5019
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to school district contracts with certain organizations
7	9		and payroll deductions for school district employees.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 11.159, Education Code, is amended by
10	12		adding Subsection (f) to read as follows:
11	13		(f) Any person, entity, or other provider offering training
12	14		under this section must have the training approved by the agency,
13	15		including approval of the content of the training, when the
14	16		training is provided, the manner the training is provided, and the
15	17		place the training is provided. The agency may not approve the
16	18		provision of training:
17	19		(1) at a meeting of a professional organization as
18	20		defined by Section 21.0001;
19	21		(2) by an association that primarily represents
20	22		political subdivisions of the state, which includes a person,
21	23		agent, or other entity affiliated or acting in coordination with
22	24		the association; or
23	25		(3) by a person, entity, or other provider of training
24	26		that engages in electioneering, political or issue advocacy.
25	27		(g) The agency shall provide an appeal process for a
26	28		determination under Subsection (f).
27	29		SECTION 2. Subchapter B, Chapter 21, Education Code, is
28	30		amended by adding Section 21.0544 to read as follows:
29	31		Sec. 21.0544. PROHIBITED CONTINUING EDUCATION CREDITS. No
30	32		training that counts towards continuing education under this
31	33		subchapter may include electioneering, political advocacy, or
32	34		issue advocacy or be provided in connection with an event that
33	35		includes electioneering, political advocacy, or issue advocacy.
34	36		SECTION 3. Subchapter A, Chapter 22, Education Code, is
35	37		amended by adding Sections 22.0001 to read as follows:
36	38		Sec. 22.0001. DEFINITIONS. In this subchapter
37	39		"Professional organization" means an organization, association,
38	40		union, or other advocacy group in which school district employees
39	41		participate and that exists, in whole or in part, to deal with one
40	42		or more public employers concerning grievances, labor disputes, or
41	43		conditions of employment affecting school district employees and
42	44		whose members pay fees or dues.
43	45		SECTION 4. This section takes effect for the 2026-2027
44	46		school year. The heading to Section 22.001, Education Code, is
45	47		amended to read as follows:
46	48		Sec. 22.001. SALARY DEDUCTIONS FOR STATE-SUPPORTED
47	49		EMPLOYEE SUPPORTS [PROFESSIONAL DUES].
48	50		SECTION 5. This section takes effect for the 2026-2027
49	51		school year. Section 22.001, Education Code, is amended by
50	52		amending Subsections (a) and (b) and adding Subsection (d) to read
51	53		as follows:
52	54		(a) A school district employee is entitled to have an amount
53	55		deducted from the employee's salary for [membership] fees [or dues]
54	56		to an entity providing services to school employees, including
55	57		classroom teachers, under Section 22.0011 [a professional
56	58		organization]. The employee must:
57	59		(1) file with the district a signed written request
58	60		identifying the entity [organization and specifying the number of
59	61		pay periods per year the deductions are to be made]; and
60	62		(2) inform the district of the total amount of the fees
61	63		[and dues] for each year or have the entity [organization] notify
62	64		the district of the amount.
63	65		(b) The district shall deduct the total amount of the fees
64	66		[or dues] for a year in equal amounts per pay period [for the number
65	67		of periods specified by the employee]. The district shall notify
66	68		the employee not later than the 45th day after the district receives
67	69		a request under Subsection (a) of the number of pay periods annually
68	70		from which the district will deduct the fees. The deductions shall
69	71		be made until the employee requests in writing that the deductions
70	72		be discontinued.
71	73		(d) For any employee with a payroll deduction during the
72	74		2025-2026 school year under this section as it existed on September
73	75		1, 2024 for dues or fees to a professional organization, the school
74	76		district shall automatically make a deduction for the 2026-2027
75	77		school year under this section for purposes of fees for the entity
76	78		under Section 22.0011 until the employee provides written notice to
77	79		discontinue the deduction. The school district shall provide
78	80		notice to employees prior to the beginning of the 2026-2027 school
79	81		year of the changes under this section for the 2026-2027 school year
80	82		and that previously exercised deductions will continue but with
81	83		enrollment in the entity under Section 22.0011 unless the employee
82	84		provides written notice to the district to cease deductions. The
83	85		agency may provide a model notice form for the notice under this
84	86		section. This section expires September 1, 2028.
85	87		SECTION 6. Subchapter A, Chapter 22, Education Code, is
86	88		amended by adding Section 22.0011 to read as follows:
87	89		Sec. 22.0011. RESOURCES, INCLUDING LIABILITY INSURANCE,
88	90		FOR SCHOOL EMPLOYEES. (a) From funds appropriated or otherwise
89	91		available for the purpose, the agency shall contract with one or
90	92		more third parties to provide the following services for school
91	93		employees, including classroom teachers employed under a
92	94		probationary, continuing, or term contract:
93	95		(1) assistance in understanding the employee's rights,
94	96		duties, and benefits; and
95	97		(2) liability insurance to protect a school employee
96	98		against liability to a third party based on conduct that the
97	99		employee allegedly engaged in during the course of the employee's
98	100		duties.
99	101		(b) A school district may not interfere with a school
100	102		employee's access to services provided under this section.
101	103		(c) A contract entered into by the agency to provide
102	104		services under Subsection (a) must prohibit the entity with which
103	105		the agency contracts from using funds received under the contract
104	106		to engage in:
105	107		(1) electioneering or services supportive of
106	108		electioneering;
107	109		(2) political advertising;
108	110		(3) conduct that a state agency using appropriated
109	111		money is prohibited from engaging in under Chapter 556, Government
110	112		Code; and
111	113		(4) political activities or advocacy addressing
112	114		issues regarding public schools, including for boards of trustees
113	115		of school districts or school districts.
114	116		(d) This section may not be interpreted to interfere with a
115	117		school district employee's exercise of a right protected by the
116	118		First Amendment to the United States Constitution or Section 27,
117	119		Article I, of the Texas Constitution.
118	120		(e) The third party may charge a fee to employees for
119	121		participation.
120	122		(f) A school district shall share information with the third
121	123		party provider.
122	124		SECTION 7. Subchapter A, Chapter 22, Education Code, is
123	125		amended by adding Section 22.0012 to read as follows:
124	126		Sec. 22.0012. PROHIBITION ON COLLECTION OF PROFESSIONAL
125	127		ORGANIZATION DUES. A school district may not deduct or withhold, or
126	128		contract to deduct or withhold, from an employee's salary or wages
127	129		payment of dues or membership fees to a professional organization
128	130		or association that is not established or managed by a governmental
129	131		entity.
130	132		SECTION 8. Subchapter B, Chapter 44, Education Code, is
131	133		amended by adding Sec. 44.0314 to read as follows:
132	134		Sec. 44.0314. PROHIBITED PURCHASING COOPERATIVES. (a) In
133	135		this section:
134	136		(1) a "prohibited organization" means an entity that:
135	137		(A) is a non-profit association or organization;
136	138		(B) represents political subdivisions of the
137	139		state in a private or contracted capacity; and
138	140		(C) employs, contracts with, or receives
139	141		services directly or indirectly from an individual required to
140	142		register as a lobbyist under Chapter 305, Government Code.
141	143		(2) An "affiliate entity" is an entity that directly,
142	144		or indirectly through one or more intermediaries, controls or is
143	145		controlled by, or is in common control with, a prohibited
144	146		organization.
145	147		(3) The definitions in this section do not include the
146	148		State of Texas or its agencies and instrumentalities, including the
147	149		comptroller of public accounts, the Texas treasury safekeeping
148	150		trust company, or a local government investment pool that is
149	151		operated by or overseen by the comptroller or the Texas treasury
150	152		safekeeping trust company.
151	153		(b) The agency shall maintain a list of prohibited
152	154		organizations who either directly or through their affiliate are
153	155		involved in purchasing cooperatives or investment pools. The
154	156		agency shall make available the list of prohibited organizations on
155	157		its website.
156	158		(c) A purchase of goods or services made through a
157	159		purchasing cooperative under Chapter 791, Government Code, is made
158	160		in violation of this section if the organization that oversees,
159	161		administers, advises, or otherwise supports the purchasing
160	162		cooperative is a prohibited organization or an affiliate of a
161	163		prohibited organization.
162	164		SECTION 9. Subchapter E, Chapter 45, Education Code, is
163	165		amended by adding Sec. 45.114 to read as follows:
164	166		Sec. 45.114. INVESTMENT POOLS. (a) A school district may
165	167		not invest its funds or funds under its control in an investment
166	168		pool under Section 2256.016, Government Code, that is overseen,
167	169		administered, advised, or otherwise supported by a prohibited
168	170		organization or an affiliate of a prohibited organization as those
169	171		terms are defined by Section 44.0314.
170	172		(c) Notwithstanding Section 2256.017, for any funds held in
171	173		an investment pool managed by a prohibited organization under Sec.
172	174		44.0314, Education Code, the school district shall develop a plan
173	175		to transfer the assets and publish the plan, and any updates, on its
174	176		public website. Such transfer plans shall include, at a minimum:
175	177		(1) a specific timeline of actions to complete the
176	178		transition;
177	179		(2) the roles and responsibilities of the school
178	180		district and any prohibited organization or affiliate of a
179	181		prohibited organization to execute the transition; and
180	182		(3) provisions for the safeguarding of confidential
181	183		information.
182	184		(d) The school district transfer plan must be approved by
183	185		the board of trustees of the applicable independent school district
184	186		and must be completed by September 1, 2026.
185	187		(e) Subsections (c), (d), and this subsection expire
186	188		September 1, 2031.
187	189		SECTION 10. A school district shall continue deductions of
188	190		fees or dues under Section 22.001 as it existed on September 1, 2024
189	191		until the required deductions for the 2025-2026 school year are
190	192		complete.
191	193		SECTION 11. This Act takes effect immediately if it
192	194		receives a vote of two-thirds of all the members elected to each
193	195		house, as provided by Section 39, Article III, Texas Constitution.
194	196		If this Act does not receive the vote necessary for immediate
195	197		effect, this Act takes effect September 1, 2025. Except as provided
196	198		elsewhere this act applies beginning with the 2025-2026 school
197	199		year.