By: Capriglione H.B. No. 5019
A BILL TO BE ENTITLED
AN ACT
relating to school district contracts with certain organizations
and payroll deductions for school district employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.159, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) Any person, entity, or other provider offering training
under this section must have the training approved by the agency,
including approval of the content of the training, when the
training is provided, the manner the training is provided, and the
place the training is provided. The agency may not approve the
provision of training:
(1) at a meeting of a professional organization as
defined by Section 21.0001;
(2) by an association that primarily represents
political subdivisions of the state, which includes a person,
agent, or other entity affiliated or acting in coordination with
the association; or
(3) by a person, entity, or other provider of training
that engages in electioneering, political or issue advocacy.
(g) The agency shall provide an appeal process for a
determination under Subsection (f).
SECTION 2. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0544 to read as follows:
Sec. 21.0544. PROHIBITED CONTINUING EDUCATION CREDITS. No
training that counts towards continuing education under this
subchapter may include electioneering, political advocacy, or
issue advocacy or be provided in connection with an event that
includes electioneering, political advocacy, or issue advocacy.
SECTION 3. Subchapter A, Chapter 22, Education Code, is
amended by adding Sections 22.0001 to read as follows:
Sec. 22.0001. DEFINITIONS. In this subchapter
"Professional organization" means an organization, association,
union, or other advocacy group 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.
SECTION 4. This section takes effect for the 2026-2027
school year. The heading to Section 22.001, Education Code, is
amended to read as follows:
Sec. 22.001. SALARY DEDUCTIONS FOR STATE-SUPPORTED
EMPLOYEE SUPPORTS [PROFESSIONAL DUES].
SECTION 5. This section takes effect for the 2026-2027
school year. Section 22.001, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) A school district employee is entitled to have an amount
deducted from the employee's salary for [membership] fees [or dues]
to an entity providing services to school employees, including
classroom teachers, under Section 22.0011 [a professional
organization]. The employee must:
(1) file with the district a signed written request
identifying the entity [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 entity [organization] notify
the district of the amount.
(b) The district shall deduct the total amount of the fees
[or dues] for a year in equal amounts per pay period [for the number
of periods specified by the employee]. The district shall notify
the employee not later than the 45th day after the district receives
a request under Subsection (a) of the number of pay periods annually
from which the district will deduct the fees. The deductions shall
be made until the employee requests in writing that the deductions
be discontinued.
(d) For any employee with a payroll deduction during the
2025-2026 school year under this section as it existed on September
1, 2024 for dues or fees to a professional organization, the school
district shall automatically make a deduction for the 2026-2027
school year under this section for purposes of fees for the entity
under Section 22.0011 until the employee provides written notice to
discontinue the deduction. The school district shall provide
notice to employees prior to the beginning of the 2026-2027 school
year of the changes under this section for the 2026-2027 school year
and that previously exercised deductions will continue but with
enrollment in the entity under Section 22.0011 unless the employee
provides written notice to the district to cease deductions. The
agency may provide a model notice form for the notice under this
section. This section expires September 1, 2028.
SECTION 6. Subchapter A, Chapter 22, Education Code, is
amended by adding Section 22.0011 to read as follows:
Sec. 22.0011. RESOURCES, INCLUDING LIABILITY INSURANCE,
FOR SCHOOL EMPLOYEES. (a) From funds appropriated or otherwise
available for the purpose, the agency shall contract with one or
more third parties to provide the following services for school
employees, including classroom teachers employed under a
probationary, continuing, or term contract:
(1) assistance in understanding the employee's rights,
duties, and benefits; and
(2) liability insurance to protect a school employee
against liability to a third party based on conduct that the
employee allegedly engaged in during the course of the employee's
duties.
(b) A school district may not interfere with a school
employee's access to services provided under this section.
(c) A contract entered into by the agency to provide
services under Subsection (a) must prohibit the entity with which
the agency contracts from using funds received under the contract
to engage in:
(1) electioneering or services supportive of
electioneering;
(2) political advertising;
(3) conduct that a state agency using appropriated
money is prohibited from engaging in under Chapter 556, Government
Code; and
(4) political activities or advocacy addressing
issues regarding public schools, including for boards of trustees
of school districts or school districts.
(d) This section may not be interpreted to interfere with a
school district employee's exercise of a right protected by the
First Amendment to the United States Constitution or Section 27,
Article I, of the Texas Constitution.
(e) The third party may charge a fee to employees for
participation.
(f) A school district shall share information with the third
party provider.
SECTION 7. Subchapter A, Chapter 22, Education Code, is
amended by adding Section 22.0012 to read as follows:
Sec. 22.0012. PROHIBITION ON COLLECTION OF PROFESSIONAL
ORGANIZATION DUES. 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 that is not established or managed by a governmental
entity.
SECTION 8. Subchapter B, Chapter 44, Education Code, is
amended by adding Sec. 44.0314 to read as follows:
Sec. 44.0314. PROHIBITED PURCHASING COOPERATIVES. (a) In
this section:
(1) a "prohibited organization" means an entity that:
(A) is a non-profit association or organization;
(B) represents political subdivisions of the
state in a private or contracted capacity; and
(C) employs, contracts with, or receives
services directly or indirectly from an individual required to
register as a lobbyist under Chapter 305, Government Code.
(2) An "affiliate entity" is an entity that directly,
or indirectly through one or more intermediaries, controls or is
controlled by, or is in common control with, a prohibited
organization.
(3) The definitions in this section do not include the
State of Texas or its agencies and instrumentalities, including the
comptroller of public accounts, the Texas treasury safekeeping
trust company, or a local government investment pool that is
operated by or overseen by the comptroller or the Texas treasury
safekeeping trust company.
(b) The agency shall maintain a list of prohibited
organizations who either directly or through their affiliate are
involved in purchasing cooperatives or investment pools. The
agency shall make available the list of prohibited organizations on
its website.
(c) A purchase of goods or services made through a
purchasing cooperative under Chapter 791, Government Code, is made
in violation of this section if the organization that oversees,
administers, advises, or otherwise supports the purchasing
cooperative is a prohibited organization or an affiliate of a
prohibited organization.
SECTION 9. Subchapter E, Chapter 45, Education Code, is
amended by adding Sec. 45.114 to read as follows:
Sec. 45.114. INVESTMENT POOLS. (a) A school district may
not invest its funds or funds under its control in an investment
pool under Section 2256.016, Government Code, that is overseen,
administered, advised, or otherwise supported by a prohibited
organization or an affiliate of a prohibited organization as those
terms are defined by Section 44.0314.
(c) Notwithstanding Section 2256.017, for any funds held in
an investment pool managed by a prohibited organization under Sec.
44.0314, Education Code, the school district shall develop a plan
to transfer the assets and publish the plan, and any updates, on its
public website. Such transfer plans shall include, at a minimum:
(1) a specific timeline of actions to complete the
transition;
(2) the roles and responsibilities of the school
district and any prohibited organization or affiliate of a
prohibited organization to execute the transition; and
(3) provisions for the safeguarding of confidential
information.
(d) The school district transfer plan must be approved by
the board of trustees of the applicable independent school district
and must be completed by September 1, 2026.
(e) Subsections (c), (d), and this subsection expire
September 1, 2031.
SECTION 10. A school district shall continue deductions of
fees or dues under Section 22.001 as it existed on September 1, 2024
until the required deductions for the 2025-2026 school year are
complete.
SECTION 11. 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, 2025. Except as provided
elsewhere this act applies beginning with the 2025-2026 school
year.