By Cain                                          S.B. No. 823

      75R3620 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to payroll deductions in certain municipalities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 141.008, Local Government Code, is

 1-5     amended to read as follows:

 1-6           Sec. 141.008.  Payroll Deductions in Certain Municipalities.

 1-7     (a)  Except as provided by Subsection (b), the [The] governing body

 1-8     of a municipality with a population of more than 10,000 may deduct

 1-9     from a municipal employee's monthly salary or wages an amount

1-10     requested in writing by the employee in payment of membership dues

1-11     to a bona fide employees' association named by the employee.

1-12           (b)  The governing body of a municipality with a population

1-13     of more than 50,000 shall make the payroll deduction described by

1-14     Subsection (a) if requested in writing by the employee and if the

1-15     municipality permits deductions for purposes other than charitable

1-16     donation, retirement plan contribution, deferred compensation,

1-17     insurance or tax payment, or garnishment.

1-18           (c)  Participation in the payroll deduction program by a

1-19     municipal employee who is on active full-time duty is voluntary.

1-20           (d) [(c)]  An employee's written request must:

1-21                 (1)  be set out in a form prescribed and provided by

1-22     the municipal treasurer or comptroller;

1-23                 (2)  state the amount to be deducted each month; and

1-24                 (3)  direct the municipal treasurer or comptroller to

 2-1     transfer the deducted funds to the designated employees'

 2-2     association.

 2-3           (e) [(d)]  The amount deducted each month may not exceed the

 2-4     amount stated in the written request.  However, the governing body

 2-5     of a municipality having a program under this section may impose

 2-6     and collect an administrative fee from each participating employee

 2-7     in addition to the membership dues that are withheld.  The fee must

 2-8     be a reasonable amount to reimburse the municipality for the

 2-9     administrative costs of collecting, accounting for, and disbursing

2-10     the membership dues.

2-11           (f) [(e)]  A request under this section remains in effect

2-12     until the municipal treasurer or comptroller receives a written

2-13     notice of revocation in a form prescribed and provided by the

2-14     treasurer or comptroller and filed by the employee.

2-15           SECTION 2.  This Act takes effect September 1, 1997.

2-16           SECTION 3.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.