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.