By:  Olivo                                                        H.B. No. 3543



A BILL TO BE ENTITLED

AN ACT

relating to the electronic payroll deduction for state employee 
dues.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 403.0165, Governmental Code is amended 
to read as follows:
	a)  An employee of a state agency may authorize a transfer 
each pay period from the employee's salary or wage payment for a 
membership fee in an eligible state employee organization.  The 
authorization shall remain in effect until an employee authorizes a 
change in the authorization.  Authorizations and changes in 
authorizations must be provided in accordance with rules adopted by 
the comptroller.
	(b)  The comptroller shall adopt rules for transfers by 
employees to a certified eligible state employee organization.  The 
rules may authorize electronic transfers of amounts deducted from 
employees' salaries and wages under this section.
	(c)  Participation by employees of state agencies in the 
payroll deduction program authorized by this section is voluntary.
	(d)  To be certified by the comptroller, a state employee 
organization must have a current dues structure for state employees 
in place and operating in this state for a period of at least 18 
months.
	(e)  Any organization requesting certification shall 
demonstrate that the fee structure proposed from state employees is 
equal to an average of not less than one-half of the fees for that 
organization nationwide.
	(f)  An organization not previously certified may submit an 
application for certification as an eligible state employee 
organization to the comptroller at any time except during the 
period after June 2 and before September 1.
	(g)  The comptroller may approve an application under 
Subsection (f) if a state employee organization demonstrates to the 
satisfaction of the comptroller that it qualifies as an eligible 
state employee organization by providing the documentation 
required by this section and applicable rules adopted by the 
comptroller.
	(i)  The comptroller may adopt rules for the administration 
of this section. 
	(j)  Repealed by Acts 1997, 75th Leg., ch. 1035, Sec. 90(a), 
eff. June 19, 1997.
	(k)  Any state employee organization that has a membership of 
at least [4,000] 200 state employee members on April 1, 1991, shall 
be certified by the comptroller as an eligible state employee 
organization.  Such an organization may not be required to meet any 
other eligibility requirements as set out in this section for 
certification, including requirements in the definition of 
eligible state employee organization under Subsection (l).
	(l)  In this section:                                                          
		(1)  "Eligible state employee organization" means a 
state employee organization with a membership of at least [4,000] 
200 state employees continuously for the 18 months preceding a 
request for certification from the comptroller that conducts 
activities on a statewide basis and that the comptroller has 
certified under this article.
		(2)  "State agency" means a department, commission, 
board, office, or any other state entity of state government.
	SECTION 2.  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.