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A BILL TO BE ENTITLED
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AN ACT
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relating to payroll deductions for state and local government |
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employee organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.001(a), Education Code, is amended to |
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read as follows: |
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(a) A school district employee who is employed in a |
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professional law enforcement capacity is entitled to have an amount |
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deducted from the employee's salary for membership fees or dues to a |
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professional organization. The employee must: |
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(1) file with the district a signed written request |
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identifying the organization and specifying the number of pay |
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periods per year the deductions are to be made; and |
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(2) inform the district of the total amount of the fees |
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and dues for each year or have the organization notify the district |
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of the amount. |
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SECTION 2. The heading to Section 403.0165, Government |
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Code, is amended to read as follows: |
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Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE |
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ORGANIZATION: CERTAIN FIREFIGHTERS, POLICE OFFICERS, AND |
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EMERGENCY MEDICAL SERVICES PERSONNEL. |
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SECTION 3. Sections 403.0165(a), (b), (c), and (d), |
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Government Code, are amended to read as follows: |
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(a) A covered [An] employee of a state agency may authorize |
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a transfer each pay period from the employee's salary or wage |
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payment for a membership fee in an eligible state employee |
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organization. The authorization shall remain in effect until the |
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[an] employee authorizes a change in the authorization. |
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Authorizations and changes in authorizations must be provided in |
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accordance with rules adopted by the comptroller. |
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(b) The comptroller shall adopt rules for transfers by |
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covered employees to a certified eligible state employee |
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organization. The rules may authorize electronic transfers of |
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amounts deducted from covered employees' salaries and wages under |
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this section. |
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(c) Participation by covered employees of state agencies in |
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the payroll deduction program authorized by this section is |
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voluntary. |
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(d) To be certified by the comptroller, a state employee |
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organization must have a current dues structure for covered state |
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employees in place and operating in this state for a period of at |
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least 18 months. |
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SECTION 4. Section 403.0165(l), Government Code, is amended |
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by adding Subdivision (3) to read as follows: |
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(3) "Covered employee of a state agency" means: |
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(A) an individual employed by a state agency in a |
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professional law enforcement or firefighting capacity; or |
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(B) an individual employed by a state agency in a |
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capacity that meets the definition of "emergency medical services |
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personnel," as that term is defined by Section 773.003, Health and |
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Safety Code. |
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SECTION 5. The heading to Chapter 617, Government Code, is |
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amended to read as follows: |
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CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL |
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DEDUCTIONS |
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SECTION 6. Chapter 617, Government Code, is amended by |
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adding Section 617.006 to read as follows: |
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Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR |
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ORGANIZATION DUES. (a) Except as provided by Subsection (b), the |
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state or a political subdivision of the state may not deduct or |
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withhold, or contract to deduct or withhold, from an employee's |
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salary or wages payment of dues or membership fees to a labor |
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organization or other similar entity, including a trade union, |
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labor union, employees' association, or professional organization. |
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(b) Subsection (a) does not apply to deductions or |
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withholdings by: |
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(1) a state agency under Section 403.0165 or 659.1031; |
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or |
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(2) a political subdivision: |
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(A) under Section 141.008 or 155.001(a)(2), |
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Local Government Code; or |
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(B) under the terms of an agreement entered into |
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under: |
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(i) Subchapter B or C, Chapter 142, Local |
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Government Code; or |
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(ii) Chapter 174, Local Government Code. |
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(c) Subsection (a) does not affect the ability of the state |
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or a political subdivision of the state to deduct or withhold from |
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an employee's salary or wages an amount for donation to a charitable |
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organization determined to be eligible for participation in the |
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state employee charitable campaign under Subchapter I, Chapter 659. |
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SECTION 7. Section 659.1031(a), Government Code, is amended |
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to read as follows: |
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(a) An employee of a state agency employed in a professional |
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law enforcement capacity may authorize in writing a deduction each |
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pay period from the employee's salary or wage payment for payment to |
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an eligible state employee organization of a membership fee in the |
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organization. |
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SECTION 8. The heading to Section 141.008, Local Government |
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Code, is amended to read as follows: |
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Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL |
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FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES |
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PERSONNEL [IN CERTAIN MUNICIPALITIES]. |
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SECTION 9. Section 141.008, Local Government Code, is |
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amended by amending Subsections (a), (a-1), and (a-2) and adding |
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Subsection (a-3) to read as follows: |
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(a) This section applies only to a municipal employee who |
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is: |
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(1) a member of the municipality's fire or police |
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department; or |
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(2) emergency medical services personnel, as defined |
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by Section 773.003, Health and Safety Code. |
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(a-1) The governing body of a municipality with a population |
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of more than 10,000 may deduct from a municipal employee's monthly |
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salary or wages an amount requested in writing by the employee in |
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payment of membership dues to a bona fide employees' association |
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named by the employee. |
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(a-2) [(a-1)] The governing body shall make the payroll |
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deduction described by Subsection (a-1) [(a)] if requested in |
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writing by an employee who is a member of the municipality's fire |
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department or emergency medical services personnel [employees who
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are fire protection personnel as defined by Section 419.021,
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Government Code,] if the municipality: |
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(1) receives revenue from the state;[,] and |
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(2) [if the municipality] permits deductions for |
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purposes other than charity, health insurance, taxes, or other |
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purposes for which the municipality is required by law to permit a |
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deduction. |
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(a-3) [(a-2)] The governing body of a municipality whose |
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police department is not covered by a collective bargaining |
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agreement or meet and confer agreement entered into under this code |
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shall make the payroll deduction described by Subsection (a-1) |
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[(a)] if: |
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(1) requested in writing by an employee who is a member |
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of the municipality's police department [employees who:
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[(A)
are peace officers as defined by Article
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2.12, Code of Criminal Procedure; and
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[(B)
are not members of a police department
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covered by a collective bargaining agreement or meet-and-confer
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agreement entered into under this code]; and |
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(2) the municipality permits deductions for purposes |
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other than charity, health insurance, taxes, or other purposes for |
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which the municipality is required by law to permit a deduction. |
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SECTION 10. Section 146.002(2), Local Government Code, is |
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amended to read as follows: |
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(2) "Employee association" means an organization in |
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which municipal employees participate and that exists for the |
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purpose, wholly or partly, of dealing with one or more employers, |
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whether public or private, concerning grievances, labor disputes, |
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wages, rates of pay, hours of employment, or conditions of work |
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affecting public employees [and whose members pay dues by means of
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an automatic payroll deduction]. |
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SECTION 11. Section 146.003, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) This chapter does not authorize an agreement for |
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deducting or withholding payment of dues, fees, or contributions to |
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a labor organization or other similar entity, including a trade |
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union, labor union, employees' association, or professional |
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organization in violation of Section 617.006, Government Code. |
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SECTION 12. Section 146.017, Local Government Code, is |
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amended to read as follows: |
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Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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(a) Except as provided by Subsection (b), a [A] written meet and |
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confer agreement ratified under this chapter preempts, during the |
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term of the agreement and to the extent of any conflict, all |
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contrary state statutes, local ordinances, executive orders, civil |
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service provisions, or rules adopted by this state or a political |
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subdivision or agent of this state, including a personnel board, |
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civil service commission, or home-rule municipality, other than a |
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statute, ordinance, executive order, civil service provision, or |
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rule regarding pensions or pension-related matters. |
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(b) A written meet and confer agreement ratified under this |
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chapter may not conflict with or preempt Section 617.006, |
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Government Code. |
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SECTION 13. Section 155.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court, on the request of a county |
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employee, may authorize a payroll deduction to be made from the |
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employee's wages or salary for: |
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(1) payment to a credit union; |
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(2) payment of membership dues in a labor union or a |
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bona fide employees association if the requesting employee serves: |
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(A) in a professional law enforcement or |
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firefighting capacity; or |
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(B) in a capacity that meets the definition of |
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"emergency medical services personnel," as that term is defined by |
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Section 773.003, Health and Safety Code; |
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(3) payment of fees for parking in a county-owned |
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facility; |
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(4) payment to a charitable organization; or |
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(5) payment relating to an item not listed in this |
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subsection if the commissioners court determines that the payment |
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serves a public purpose, unless the deduction would violate another |
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law, including Section 617.006, Government Code. |
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SECTION 14. This Act takes effect December 1, 2017. |