1-1 By: Cain S.B. No. 846
1-2 (In the Senate - Filed February 21, 2001; February 26, 2001,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; April 9, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 April 9, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 846 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to municipal payroll deductions.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 141.008, Local Government Code, is
1-13 amended to read as follows:
1-14 Sec. 141.008. PAYROLL DEDUCTIONS IN CERTAIN MUNICIPALITIES.
1-15 (a) Except as provided by Subsection (b), the [The] governing body
1-16 of a municipality with a population of more than 10,000 may deduct
1-17 from a municipal employee's monthly salary or wages an amount
1-18 requested in writing by the employee in payment of membership dues
1-19 to a bona fide employees' association that is named by the employee
1-20 and that does not claim the right to strike.
1-21 (b) The governing body of a municipality with a population
1-22 of more than 50,000 shall make the payroll deduction described by
1-23 Subsection (a) if requested in writing by the employee and if the
1-24 municipality permits deductions for purposes other than deductions
1-25 for charity, health insurance, taxes, or other deductions required
1-26 by law.
1-27 (c) Participation in the payroll deduction program by a
1-28 municipal employee who is on active full-time duty is voluntary.
1-29 (d) [(c)] An employee's written request must:
1-30 (1) be set out in a form prescribed and provided by
1-31 the municipal treasurer or comptroller;
1-32 (2) state the amount to be deducted each month; and
1-33 (3) direct the municipal treasurer or comptroller to
1-34 transfer the deducted funds to the designated employees'
1-35 association.
1-36 (e) [(d)] The amount deducted each month may not exceed the
1-37 amount stated in the written request. However, the governing body
1-38 of a municipality having a program under this section may impose
1-39 and collect an administrative fee from each participating employee
1-40 in addition to the membership dues that are withheld. The fee must
1-41 be a reasonable amount to reimburse the municipality for the
1-42 administrative costs of collecting, accounting for, and disbursing
1-43 the membership dues.
1-44 (f) [(e)] A request under this section remains in effect
1-45 until the municipal treasurer or comptroller receives a written
1-46 notice of revocation in a form prescribed and provided by the
1-47 treasurer or comptroller and filed by the employee.
1-48 SECTION 2. This Act takes effect September 1, 2001.
1-49 * * * * *