BILL ANALYSIS

 

 

Senate Research Center	S.B. 75
85R1668 LED-D	By: Nelson
	State Affairs
	3/9/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 75 requires parental consent before a minor may join a labor union. Current law does not require a minor to seek parental consent; however, the Texas Supreme Court has ruled that minors are unable to enter into binding contracts (Dairyland County Mutual Insurance Company of Texas v. George Cruz Roman, Jr.). S.B. 75 remedies this situation by requiring a parent or legal guardian to sign and submit a form prescribed by the Texas Workforce Commission before a minor may join a union. S.B. 75 does not prohibit a minor from joining a labor union, but affirms parental rights and ensure minors understand the terms of a union contract.

 

As proposed, S.B. 75 amends current law relating to the requirement for parental consent for a minor to join a labor union.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter C, Chapter 101, Labor Code, by adding Section 101.1175, as follows:

 

Sec. 101.1175. PARENTAL CONSENT FOR MINORS. (a) Defines "minor."

 

(b) Prohibits a labor union, notwithstanding Section 101.001 (Right to Organize),� from accepting a minor as a member unless the labor union obtains, on a form provided by the Texas Workforce Commission (TWC), the signed consent of the minor's parent, managing conservator, or guardian.�

 

SECTION 2. Requires TWC, not later than November 1, 2017, to develop the required form.

 

SECTION 3. Makes application of this Act prospective to January 1, 2018.

 

SECTION 4. Effective date: September 1, 2017.