Texas 2025 - 89th Regular

Texas Senate Bill SB2330 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10269 CS-F
2	2	By: Parker S.B. No. 2330
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to payroll deductions for certain state and local
10	10	government employee organizations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.013(b), Education Code, is amended to
13	13	read as follows:
14	14	(b) A home-rule school district is subject to:
15	15	(1) a provision of this title establishing a criminal
16	16	offense;
17	17	(2) a provision of this title relating to limitations
18	18	on liability; and
19	19	(3) a prohibition, restriction, or requirement, as
20	20	applicable, imposed by this title or a rule adopted under this
21	21	title, relating to:
22	22	(A) the Public Education Information Management
23	23	System (PEIMS) to the extent necessary to monitor compliance with
24	24	this subchapter as determined by the commissioner;
25	25	(B) educator certification under Chapter 21 and
26	26	educator rights under Sections 21.407 and [,] 21.408[, and 22.001];
27	27	(C) criminal history records under Subchapter C,
28	28	Chapter 22;
29	29	(D) student admissions under Section 25.001;
30	30	(E) school attendance under Sections 25.085,
31	31	25.086, and 25.087;
32	32	(F) inter-district or inter-county transfers of
33	33	students under Subchapter B, Chapter 25;
34	34	(G) elementary class size limits under Section
35	35	25.112, in the case of any campus in the district that fails to
36	36	satisfy any standard under Section 39.054(e);
37	37	(H) high school graduation under Section 28.025;
38	38	(I) special education programs under Subchapter
39	39	A, Chapter 29;
40	40	(J) bilingual education under Subchapter B,
41	41	Chapter 29;
42	42	(K) prekindergarten programs under Subchapter E,
43	43	Chapter 29;
44	44	(L) safety provisions relating to the
45	45	transportation of students under Sections 34.002, 34.003, 34.004,
46	46	and 34.008;
47	47	(M) computation and distribution of state aid
48	48	under Chapters 31, 43, and 48;
49	49	(N) extracurricular activities under Section
50	50	33.081;
51	51	(O) health and safety under Chapter 38;
52	52	(P) the provisions of Subchapter A, Chapter 39;
53	53	(Q) public school accountability and special
54	54	investigations under Subchapters A, B, C, D, and J, Chapter 39, and
55	55	Chapter 39A;
56	56	(R) options for local revenue levels in excess of
57	57	entitlement under Chapter 49;
58	58	(S) a bond or other obligation or tax rate under
59	59	Chapters 43, 45, and 48;
60	60	(T) purchasing under Chapter 44; and
61	61	(U) parental options to retain a student under
62	62	Section 28.02124.
63	63	SECTION 2. The heading to Section 403.0165, Government
64	64	Code, is amended to read as follows:
65	65	Sec. 403.0165. PAYROLL DEDUCTION FOR ELIGIBLE STATE
66	66	EMPLOYEE ORGANIZATION.
67	67	SECTION 3. Section 403.0165(l)(1), Government Code, is
68	68	amended to read as follows:
69	69	(1) "Eligible state employee organization" means a
70	70	state employee organization:
71	71	(A) with a membership that consists exclusively
72	72	of individuals who are:
73	73	(i) peace officers, as defined by Article
74	74	2A.001, Code of Criminal Procedure;
75	75	(ii) fire protection personnel, as defined
76	76	by Section 419.021 of this code; or
77	77	(iii) emergency medical services
78	78	personnel, as defined by Section 773.003, Health and Safety Code;
79	79	(B) [of at least 4,000 state employees
80	80	continuously for the 18 months preceding a request for
81	81	certification from the comptroller] that conducts activities on a
82	82	statewide basis; and
83	83	(C) that the comptroller has certified under this
84	84	article.
85	85	SECTION 4. The heading to Chapter 617, Government Code, is
86	86	amended to read as follows:
87	87	CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
88	88	DEDUCTIONS
89	89	SECTION 5. Chapter 617, Government Code, is amended by
90	90	adding Section 617.006 to read as follows:
91	91	Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR
92	92	ORGANIZATION DUES; EXCEPTIONS. (a) Except as otherwise provided
93	93	by this section, the state or a political subdivision of the state
94	94	may not deduct, withhold, or transfer from an employee's salary or
95	95	wages payment of dues or membership fees to a labor organization or
96	96	other similar organization, including a trade union, labor union,
97	97	employees' association, or professional organization.
98	98	(b) Subsection (a) does not apply to deductions or
99	99	withholdings by:
100	100	(1) a state agency under Section 403.0165 or 659.1031;
101	101	or
102	102	(2) a political subdivision:
103	103	(A) under Section 141.008 or 155.001, Local
104	104	Government Code; or
105	105	(B) under the terms of an agreement entered into
106	106	under:
107	107	(i) Subchapter B or C, Chapter 142, Local
108	108	Government Code; or
109	109	(ii) Chapter 174, Local Government Code.
110	110	(c) Subsection (a) does not affect the ability of the state
111	111	or a political subdivision of the state to deduct or withhold from
112	112	an employee's salary or wages an amount for donation to a charitable
113	113	organization determined to be eligible for participation in the
114	114	state employee charitable campaign under Subchapter I, Chapter 659.
115	115	SECTION 6. Section 659.1031(b), Government Code, is amended
116	116	to read as follows:
117	117	(b) In this section, "eligible state employee organization"
118	118	has the meaning assigned by Section 403.0165(l) and includes
119	119	[means] a state employee organization with a membership of at least
120	120	2,000 active or retired state employees who hold or who have held
121	121	certification from the Texas Commission on Law Enforcement.
122	122	SECTION 7. The heading to Section 141.008, Local Government
123	123	Code, is amended to read as follows:
124	124	Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
125	125	POLICE OFFICERS, FIRE PROTECTION PERSONNEL, AND EMERGENCY MEDICAL
126	126	SERVICES PERSONNEL [IN CERTAIN MUNICIPALITIES].
127	127	SECTION 8. Section 141.008, Local Government Code, is
128	128	amended by amending Subsections (a), (a-1), and (a-2) and adding
129	129	Subsection (a-3) to read as follows:
130	130	(a) This section applies only to municipal employees who
131	131	are:
132	132	(1) peace officers, as defined by Article 2A.001, Code
133	133	of Criminal Procedure;
134	134	(2) fire protection personnel, as defined by Section
135	135	419.021, Government Code; or
136	136	(3) emergency medical services personnel, as defined
137	137	by Section 773.003, Health and Safety Code.
138	138	(a-1) The governing body of a municipality with a population
139	139	of more than 10,000 may deduct from the monthly salary or wages of a
140	140	municipal employee to which this section applies [employee's
141	141	monthly salary or wages] an amount requested in writing by the
142	142	employee in payment of membership dues to a bona fide employees'
143	143	association named by the employee.
144	144	(a-2) [(a-1)] The governing body shall make the payroll
145	145	deduction described by Subsection (a-1) [(a)] if requested in
146	146	writing by an employee who is a member of the municipality's fire
147	147	department or emergency medical services personnel [employees who
148	148	are fire protection personnel as defined by Section 419.021,
149	149	Government Code,] if the municipality:
150	150	(1) receives revenue from the state;[,] and
151	151	(2) [if the municipality] permits deductions for
152	152	purposes other than charity, health insurance, taxes, or other
153	153	purposes for which the municipality is required by law to permit a
154	154	deduction.
155	155	(a-3) [(a-2)] The governing body of a municipality whose
156	156	police department is not covered by a collective bargaining
157	157	agreement or meet and confer agreement entered into under this code
158	158	shall make the payroll deduction described by Subsection (a-1)
159	159	[(a)] if:
160	160	(1) requested in writing by an employee who is a member
161	161	of the municipality's police department [employees who:
162	162	[(A) are peace officers as defined by Article
163	163	2A.001, Code of Criminal Procedure; and
164	164	[(B) are not members of a police department
165	165	covered by a collective bargaining agreement or meet-and-confer
166	166	agreement entered into under this code]; and
167	167	(2) the municipality permits deductions for purposes
168	168	other than charity, health insurance, taxes, or other purposes for
169	169	which the municipality is required by law to permit a deduction.
170	170	SECTION 9. Section 146.002(2), Local Government Code, is
171	171	amended to read as follows:
172	172	(2) "Employee association" means an organization in
173	173	which municipal employees participate and that exists for the
174	174	purpose, wholly or partly, of dealing with one or more employers,
175	175	whether public or private, concerning grievances, labor disputes,
176	176	wages, rates of pay, hours of employment, or conditions of work
177	177	affecting public employees [and whose members pay dues by means of
178	178	an automatic payroll deduction].
179	179	SECTION 10. Section 146.003, Local Government Code, is
180	180	amended by adding Subsection (e) to read as follows:
181	181	(e) This chapter does not authorize an agreement for
182	182	deducting or withholding payment of dues, fees, or contributions to
183	183	a labor organization, as defined by Section 617.001, Government
184	184	Code, or any other similar entity, including a trade union, labor
185	185	union, employees' association, or professional organization in
186	186	violation of Section 617.006, Government Code.
187	187	SECTION 11. Section 146.017, Local Government Code, is
188	188	amended to read as follows:
189	189	Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
190	190	(a) Except as provided by Subsection (b), a [A] written meet and
191	191	confer agreement ratified under this chapter preempts, during the
192	192	term of the agreement and to the extent of any conflict, all
193	193	contrary state statutes, local ordinances, executive orders, civil
194	194	service provisions, or rules adopted by this state or a political
195	195	subdivision or agent of this state, including a personnel board,
196	196	civil service commission, or home-rule municipality, other than a
197	197	statute, ordinance, executive order, civil service provision, or
198	198	rule regarding pensions or pension-related matters.
199	199	(b) A written meet and confer agreement ratified under this
200	200	chapter may not conflict with or preempt Section 617.006,
201	201	Government Code.
202	202	SECTION 12. Section 155.001, Local Government Code, is
203	203	amended to read as follows:
204	204	Sec. 155.001. DEDUCTIONS AUTHORIZED IN COUNTIES; PURPOSES.
205	205	(a) The commissioners court, on the request of a county employee,
206	206	may authorize a payroll deduction to be made from the employee's
207	207	wages or salary for:
208	208	(1) payment to a credit union;
209	209	(2) payment of membership dues in [a labor union or] a
210	210	bona fide employees association;
211	211	(3) payment of fees for parking in a county-owned
212	212	facility;
213	213	(4) payment to a charitable organization; or
214	214	(5) payment relating to an item not listed in this
215	215	subsection if the commissioners court determines that the payment
216	216	serves a public purpose, unless the deduction would violate Section
217	217	617.006, Government Code.
218	218	(b) In this section:
219	219	(1) "Bona fide employees association" means an
220	220	employees association whose membership consists exclusively of:
221	221	(A) peace officers, as defined by Article 2A.001,
222	222	Code of Criminal Procedure;
223	223	(B) fire protection personnel, as defined by
224	224	Section 419.021, Government Code; or
225	225	(C) emergency medical services personnel, as
226	226	defined by Section 773.003, Health and Safety Code.
227	227	(2) "Charitable [, "charitable] organization" has the
228	228	meaning assigned by Section 659.131, Government Code.
229	229	SECTION 13. Section 155.003(b), Local Government Code, is
230	230	amended to read as follows:
231	231	(b) The credit union[, labor union,] or bona fide employees
232	232	association for whose benefit a deduction is made shall pay any
233	233	administrative costs for making the deduction. The commissioners
234	234	court shall determine the amount of the administrative costs.
235	235	SECTION 14. The following provisions are repealed:
236	236	(1) Section 22.001, Education Code; and
237	237	(2) Section 403.0165(k), Government Code.
238	238	SECTION 15. This Act takes effect September 1, 2025.