By: Hancock S.B. No. 925
A BILL TO BE ENTITLED
AN ACT
relating to certain agreements with collective bargaining
organizations related to certain publicly funded public work
contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.7761(a) and (b), Education Code, are
amended to read as follows:
(a) In this section:
(1) "Collective bargaining organization" means any
group, association, or entity, including a labor union, that
represents employees in negotiations with an employer concerning
wages, hours, working conditions, or other terms of employment.
(2) "Federal match program" means a cooperative
agreement between a federal agency and a state or local
governmental entity in which the federal government provides funds
contingent on the state or local governmental entity providing
funds.
(3) "Governmentally administered financial
assistance" means financial assistance administered by a state or
local governmental entity in cooperation with a federal program
requiring the state or local governmental entity to contribute
funds to match or complement federal financial resources for the
purpose of implementing public projects, including infrastructure,
transportation, or other government supported initiatives.
(4) "Public[, "public] work contract" means a contract
for constructing, altering, or repairing a public building or
carrying out or completing any public work.
(b) An institution awarding a public work contract funded,
wholly or partly, with state, local governmental, or federal money,
including money provided through a federal match program,
governmentally administered financial assistance, or the issuance
of debt guaranteed by this state or a local governmental entity,
with money from ratepayers, or with money from user fees may not:
(1) prohibit, require, discourage, or encourage a
person bidding on the public work contract, including a contractor
or subcontractor, from entering into or adhering to an agreement
with a collective bargaining organization relating to the project;
or
(2) give preference to or discriminate against a
person described by Subdivision (1) based on the person's
involvement in the agreement, including the person's:
(A) status or lack of status as a party to the
agreement; or
(B) willingness or refusal to enter into the
agreement.
SECTION 2. Section 2269.0541, Government Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) In this section:
(1) "Collective bargaining organization" means any
group, association, or entity, including a labor union, that
represents employees in negotiations with an employer concerning
wages, hours, working conditions, or other terms of employment.
(2) "Federal match program" means a cooperative
agreement between a federal agency and a state or local
governmental entity in which the federal government provides funds
contingent on the state or local governmental entity providing
funds.
(3) "Governmentally administered financial
assistance" means financial assistance administered by a state or
local governmental entity in cooperation with a federal program
requiring the state or local governmental entity to contribute
funds to match or complement federal financial resources for the
purpose of implementing public projects, including infrastructure,
transportation, or other government supported initiatives.
(a-1) A governmental entity awarding a public work contract
funded, wholly or partly, with state, local governmental, or
federal money, including money provided through a federal match
program, governmentally administered financial assistance, or the
issuance of debt guaranteed by this state or a local governmental
entity, with money from ratepayers, or with money from user fees may
not:
(1) prohibit, require, discourage, or encourage a
person bidding on the public work contract, including a contractor
or subcontractor, from entering into or adhering to an agreement
with a collective bargaining organization relating to the project;
or
(2) give preference to or discriminate against a
person described by Subdivision (1) based on the person's
involvement in the agreement, including the person's:
(A) status or lack of status as a party to the
agreement; or
(B) willingness or refusal to enter into the
agreement.
SECTION 3. The changes made by this Act to Section 51.7761,
Education Code, and Section 2269.0541, Government Code, apply only
to a public work contract for which an invitation for offers,
request for proposals, request for qualifications, or other similar
solicitation is first published or distributed on or after the
effective date of this Act. A public work contract for which an
invitation for offers, request for proposals, request for
qualifications, or other similar solicitation is first published or
distributed before the effective date of this Act is governed by the
law in effect at the time the invitation, request, or other
solicitation is published or distributed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.