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78R1305 CAS-D

By:  Madden                                                       H.B. No. 1698



A BILL TO BE ENTITLED

AN ACT

relating to public school employee participation in professional 
organizations and assignment, transfer, or pledge of compensation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 22.001, Education Code, is amended to 
read as follows:  
	Sec. 22.001.  RIGHT TO CONTROL SALARY [DEDUCTIONS FOR 
PROFESSIONAL DUES].  [(a)] A school district employee is entitled, 
as are other employees in this state, to control the use of [have an 
amount deducted from] the employee's salary in the manner the 
employee determines and may not be coerced into joining any type of
[for membership fees or dues to a] professional organization 
through an automatic salary deduction program.  [The employee must:
		[(1)  file with the district a signed written request 
identifying the organization and specifying the number of pay 
periods per year the deductions are to be made; and
		[(2)  inform the district of the total amount of the 
fees and dues for each year or have the organization notify the 
district of the amount.
	[(b)  The district shall deduct the total amount of the fees 
or dues for a year in equal amounts per pay period for the number of 
periods specified by the employee.  The deductions shall be made 
until the employee requests in writing that the deductions be 
discontinued.
	[(c)  The school district may charge an administrative fee 
for making the deduction.  A fee imposed for making a salary 
deduction under this section may not exceed either the actual 
administrative cost of making the deduction or the lowest fee the 
district charges for similar salary deductions, whichever is less.]
	SECTION 2.   Subchapter H, Chapter 21, Education Code, is 
amended by adding Section 21.3531 to read as follows:
	Sec. 21.3531.  APPRAISAL ON BASIS OF PARTICIPATION IN 
PROFESSIONAL ORGANIZATION PROHIBITED.  A school district may not 
consider a teacher's or administrator's participation or lack of 
participation in a professional organization in appraising the 
performance of the teacher or administrator.
	SECTION 3.  (a)  Section 22.002, Education Code, is 
repealed.                
	(b)  Section 63.002, Labor Code, is repealed.                                  
	SECTION 4.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.