By: Huffman S.B. No. 1968

A BILL TO BE ENTITLED

AN ACT

relating to the organization of public employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 403.0165, Government Code, is amended to read as follows:

Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE ORGANIZATION.

(a) A [An] covered employee of a state agency, as defined by Subsection (l), 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 the [an] covered 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 covered employees to a certified eligible state employee organization. The rules may authorize electronic transfers of amounts deducted from covered employees' salaries and wages under this section.

(c) Participation by covered 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 covered 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.

(h) The comptroller may charge an administrative fee to cover the costs incurred as a result of administering this section. The administrative fees charged by the comptroller shall be paid by each qualifying state employee organization on a pro rata basis to be determined by the comptroller. The comptroller by rule shall determine the most efficient and effective method of collecting the fees.

(i) The comptroller may adopt rules for the administration of this section.

(j) Repealed by Acts 1997, 75th Leg., ch. 1035, § 90(a), eff. June 19, 1997.

(k) Any state employee organization that has a membership of at least 4,000 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 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.

(3) "Covered employee of a state agency" means an individual employed by a state agency in a professional law enforcement or firefighting capacity, or an individual employed by a state agency in a capacity that meets the definition of "emergency medical services personnel" as that term is defined by Section 773.003, Health and Safety Code.

SECTION 2. The heading to Chapter 617, Government Code, is amended to read as follows:

CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL

DEDUCTIONS

SECTION 3. Chapter 617, Government Code, is amended by adding Section 617.006 to read as follows:

Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR ORGANIZATION DUES. Except as provided by Sections 141.008 and 155.001, Local Government Code, and Sections 403.0165 and 659.1031, Government Code, the state or a political subdivision of the state may not deduct or withhold, or contract to deduct or withhold, from an employee's salary or wages payment of dues or membership fees to a labor organization or other similar entity, including a trade union, labor union, employees' association, or professional organization.

SECTION 4. Section 659.1031(a), Government Code, is amended to read as follows:

(a) An employee of a state agency employed in a professional law enforcement capacity may authorize in writing a deduction each pay period from the employee's salary or wage payment for payment to an eligible state employee organization of a membership fee in the organization.

SECTION 5. Section 101.002(b), Labor Code, is amended to read as follows:

(b) A member of a trade union or other organization acting in any capacity, including as otherwise authorized under other law to perform an inspection of the premises, may not enter the premises of another without the consent of the owner of the premises.

SECTION 6. Section 101.201(a), Labor Code, is amended to read as follows:

(a) A person may not establish, call, participate in, or aid picketing at or near the premises of an employer with whom a labor dispute does not exist, regardless of whether the premises are temporarily or permanently occupied by the employees of another employer with whom a labor dispute does exist.

SECTION 7. Section 141.008, Local Government Code, is amended to read as follows:

Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL FIRE AND POLICE DEPARTMENT MEMBERS AND EMERGENCY MEDICAL SERVICES PERSONNEL [IN CERTAIN MUNICIPALITIES]. (a) The governing body of a municipality with a population of more than 10,000 may deduct from the [a municipal employee's] monthly salary or wages of a member of the municipality's fire or police department or emergency medical services personnel an amount requested in writing by the member [employee] in payment of the member's [membership] dues to a bona fide employees' association named by the member [employee].

(b) [(a-1)] The governing body shall make the payroll deduction described by Subsection (a) if requested in writing by a member of the municipality's fire department or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, [employees who are fire protection personnel as defined by Section 419.021, Government Code,] if the municipality receives revenue from the state, and if the municipality permits deductions for purposes other than charity, health insurance, taxes, or other purposes for which the municipality is required by law to permit a deduction.

(c) [(a-2)] The governing body shall make the payroll deduction described by Subsection (a) if:

(1) requested in writing by members of the municipality's police department [employees] who[:

[(A) are peace officers as defined by Article 2.12, Code of Criminal Procedure; and

[(B)] are not members of a police department covered by a collective bargaining agreement or meet-and-confer agreement entered into under this code; and

(2) the municipality permits deductions for purposes other than charity, health insurance, taxes, or other purposes for which the municipality is required by law to permit a deduction.

(d) [(b)] Participation in the payroll deduction program by a municipal fire or police department member or emergency medical services provider [municipal employee] who is on active full-time duty is voluntary.

(e) A [(c) An employee's] written request under Subsection (b) or (c) must:

(1) be set out in a form prescribed and provided by the municipal treasurer or comptroller;

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

(3) direct the municipal treasurer or comptroller to transfer the deducted funds to the designated employees' association.

(f) [(d)] The amount deducted each month may not exceed the amount stated in the written request. However, the governing body of a municipality having a program under this section may impose and collect an administrative fee from each participating fire or police department member or emergency medical services provider [employee] in addition to the membership dues that are withheld. The fee must be a reasonable amount to reimburse the municipality for the administrative costs of collecting, accounting for, and disbursing the membership dues.

(g) [(e)] A request under this section remains in effect until the municipal treasurer or comptroller receives a written notice of revocation in a form prescribed and provided by the treasurer or comptroller and filed by the fire or police department member or emergency medical services provider [employee].

SECTION 8. Section 146.002(2), Local Government Code, is amended to read as follows:

(2) "Employee association" means an organization in which municipal employees participate and that exists for the purpose, wholly or partly, of dealing with one or more employers, whether public or private, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work affecting public employees [and whose members pay dues by means of an automatic payroll deduction].

SECTION 9. Section 146.003, Local Government Code, is amended by adding Subsection (e) to read as follows:

(e) This chapter does not authorize an agreement for deducting or withholding payment of dues, fees, or contributions to a labor organization or other similar entity, including a trade union, labor union, employees' association, or professional organization in violation of Section 617.006, Government Code.

SECTION 10. Section 146.017, Local Government Code, is amended to read as follows:

Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) Except as provided by Subsection (b), a [A] written meet and confer agreement ratified under this chapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by this state or a political subdivision or agent of this state, including a personnel board, civil service commission, or home-rule municipality, other than a statute, ordinance, executive order, civil service provision, or rule regarding pensions or pension-related matters.

(b) A written meet and confer agreement ratified under this chapter may not conflict with or preempt Section 617.006, Government Code.

SECTION 11. Section 155.001(a), Local Government Code, is amended to read as follows:

(a) The commissioners court, on the request of a county employee, may authorize a payroll deduction to be made from the employee's wages or salary for:

(1) payment to a credit union;

(2) payment of membership dues in a labor union or a bona fide employees association if the requesting employee serves in a professional law enforcement or firefighting capacity, or serves in a capacity that meets the definition of "emergency medical services personnel" as that term is defined by Section 773.003, Health and Safety Code;

(3) payment of fees for parking in a county-owned facility;

(4) payment to a charitable organization; or

(5) payment relating to an item not listed in this subsection if the commissioners court determines that the payment serves a public purpose, unless the deduction would violate another law, including Section 617.006, Government Code, prohibiting the deduction of labor organization dues.

SECTION 12. The following provision is repealed:

(1) Section 22.001, Education Code.

SECTION 13. The changes in law made by this Act to Chapter 146, Local Government Code:

(1) do not affect the validity of a meet and confer agreement entered into under that chapter before the effective date of this Act; and

(2) apply to a meet and confer agreement entered into, proposed to be entered into, proposed to be renewed, or renewed on or after the effective date of this Act.

SECTION 14. This Act takes effect September 1, 2015.