89R10269 CS-F
By: Parker S.B. No. 2330
A BILL TO BE ENTITLED
AN ACT
relating to payroll deductions for certain state and local
government employee organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.013(b), Education Code, is amended to
read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407 and [,] 21.408[, and 22.001];
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that fails to
satisfy any standard under Section 39.054(e);
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 43, and 48;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) the provisions of Subchapter A, Chapter 39;
(Q) public school accountability and special
investigations under Subchapters A, B, C, D, and J, Chapter 39, and
Chapter 39A;
(R) options for local revenue levels in excess of
entitlement under Chapter 49;
(S) a bond or other obligation or tax rate under
Chapters 43, 45, and 48;
(T) purchasing under Chapter 44; and
(U) parental options to retain a student under
Section 28.02124.
SECTION 2. The heading to Section 403.0165, Government
Code, is amended to read as follows:
Sec. 403.0165. PAYROLL DEDUCTION FOR ELIGIBLE STATE
EMPLOYEE ORGANIZATION.
SECTION 3. Section 403.0165(l)(1), Government Code, is
amended to read as follows:
(1) "Eligible state employee organization" means a
state employee organization:
(A) with a membership that consists exclusively
of individuals who are:
(i) peace officers, as defined by Article
2A.001, Code of Criminal Procedure;
(ii) fire protection personnel, as defined
by Section 419.021 of this code; or
(iii) emergency medical services
personnel, as defined by Section 773.003, Health and Safety Code;
(B) [of at least 4,000 state employees
continuously for the 18 months preceding a request for
certification from the comptroller] that conducts activities on a
statewide basis; and
(C) that the comptroller has certified under this
article.
SECTION 4. The heading to Chapter 617, Government Code, is
amended to read as follows:
CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
DEDUCTIONS
SECTION 5. Chapter 617, Government Code, is amended by
adding Section 617.006 to read as follows:
Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
ORGANIZATION DUES; EXCEPTIONS. (a) Except as otherwise provided
by this section, the state or a political subdivision of the state
may not deduct, withhold, or transfer from an employee's salary or
wages payment of dues or membership fees to a labor organization or
other similar organization, including a trade union, labor union,
employees' association, or professional organization.
(b) Subsection (a) does not apply to deductions or
withholdings by:
(1) a state agency under Section 403.0165 or 659.1031;
or
(2) a political subdivision:
(A) under Section 141.008 or 155.001, Local
Government Code; or
(B) under the terms of an agreement entered into
under:
(i) Subchapter B or C, Chapter 142, Local
Government Code; or
(ii) Chapter 174, Local Government Code.
(c) Subsection (a) does not affect the ability of the state
or a political subdivision of the state to deduct or withhold from
an employee's salary or wages an amount for donation to a charitable
organization determined to be eligible for participation in the
state employee charitable campaign under Subchapter I, Chapter 659.
SECTION 6. Section 659.1031(b), Government Code, is amended
to read as follows:
(b) In this section, "eligible state employee organization"
has the meaning assigned by Section 403.0165(l) and includes
[means] a state employee organization with a membership of at least
2,000 active or retired state employees who hold or who have held
certification from the Texas Commission on Law Enforcement.
SECTION 7. The heading to Section 141.008, Local Government
Code, is amended to read as follows:
Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
POLICE OFFICERS, FIRE PROTECTION PERSONNEL, AND EMERGENCY MEDICAL
SERVICES PERSONNEL [IN CERTAIN MUNICIPALITIES].
SECTION 8. Section 141.008, Local Government Code, is
amended by amending Subsections (a), (a-1), and (a-2) and adding
Subsection (a-3) to read as follows:
(a) This section applies only to municipal employees who
are:
(1) peace officers, as defined by Article 2A.001, Code
of Criminal Procedure;
(2) fire protection personnel, as defined by Section
419.021, Government Code; or
(3) emergency medical services personnel, as defined
by Section 773.003, Health and Safety Code.
(a-1) The governing body of a municipality with a population
of more than 10,000 may deduct from the monthly salary or wages of a
municipal employee to which this section applies [employee's
monthly salary or wages] an amount requested in writing by the
employee in payment of membership dues to a bona fide employees'
association named by the employee.
(a-2) [(a-1)] The governing body shall make the payroll
deduction described by Subsection (a-1) [(a)] if requested in
writing by an employee who is a member of the municipality's fire
department or emergency medical services personnel [employees who
are fire protection personnel as defined by Section 419.021,
Government Code,] if the municipality:
(1) receives revenue from the state;[,] and
(2) [if the municipality] permits deductions for
purposes other than charity, health insurance, taxes, or other
purposes for which the municipality is required by law to permit a
deduction.
(a-3) [(a-2)] The governing body of a municipality whose
police department is not covered by a collective bargaining
agreement or meet and confer agreement entered into under this code
shall make the payroll deduction described by Subsection (a-1)
[(a)] if:
(1) requested in writing by an employee who is a member
of the municipality's police department [employees who:
[(A) are peace officers as defined by Article
2A.001, Code of Criminal Procedure; and
[(B) are not members of a police department
covered by a collective bargaining agreement or meet-and-confer
agreement entered into under this code]; and
(2) the municipality permits deductions for purposes
other than charity, health insurance, taxes, or other purposes for
which the municipality is required by law to permit a deduction.
SECTION 9. Section 146.002(2), Local Government Code, is
amended to read as follows:
(2) "Employee association" means an organization in
which municipal employees participate and that exists for the
purpose, wholly or partly, of dealing with one or more employers,
whether public or private, concerning grievances, labor disputes,
wages, rates of pay, hours of employment, or conditions of work
affecting public employees [and whose members pay dues by means of
an automatic payroll deduction].
SECTION 10. Section 146.003, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) This chapter does not authorize an agreement for
deducting or withholding payment of dues, fees, or contributions to
a labor organization, as defined by Section 617.001, Government
Code, or any other similar entity, including a trade union, labor
union, employees' association, or professional organization in
violation of Section 617.006, Government Code.
SECTION 11. Section 146.017, Local Government Code, is
amended to read as follows:
Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) Except as provided by Subsection (b), a [A] written meet and
confer agreement ratified under this chapter preempts, during the
term of the agreement and to the extent of any conflict, all
contrary state statutes, local ordinances, executive orders, civil
service provisions, or rules adopted by this state or a political
subdivision or agent of this state, including a personnel board,
civil service commission, or home-rule municipality, other than a
statute, ordinance, executive order, civil service provision, or
rule regarding pensions or pension-related matters.
(b) A written meet and confer agreement ratified under this
chapter may not conflict with or preempt Section 617.006,
Government Code.
SECTION 12. Section 155.001, Local Government Code, is
amended to read as follows:
Sec. 155.001. DEDUCTIONS AUTHORIZED IN COUNTIES; PURPOSES.
(a) The commissioners court, on the request of a county employee,
may authorize a payroll deduction to be made from the employee's
wages or salary for:
(1) payment to a credit union;
(2) payment of membership dues in [a labor union or] a
bona fide employees association;
(3) payment of fees for parking in a county-owned
facility;
(4) payment to a charitable organization; or
(5) payment relating to an item not listed in this
subsection if the commissioners court determines that the payment
serves a public purpose, unless the deduction would violate Section
617.006, Government Code.
(b) In this section:
(1) "Bona fide employees association" means an
employees association whose membership consists exclusively of:
(A) peace officers, as defined by Article 2A.001,
Code of Criminal Procedure;
(B) fire protection personnel, as defined by
Section 419.021, Government Code; or
(C) emergency medical services personnel, as
defined by Section 773.003, Health and Safety Code.
(2) "Charitable [, "charitable] organization" has the
meaning assigned by Section 659.131, Government Code.
SECTION 13. Section 155.003(b), Local Government Code, is
amended to read as follows:
(b) The credit union[, labor union,] or bona fide employees
association for whose benefit a deduction is made shall pay any
administrative costs for making the deduction. The commissioners
court shall determine the amount of the administrative costs.
SECTION 14. The following provisions are repealed:
(1) Section 22.001, Education Code; and
(2) Section 403.0165(k), Government Code.
SECTION 15. This Act takes effect September 1, 2025.