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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect of certain agreements with a collective |
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bargaining organization on certain state-funded public work |
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contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter T, Chapter 51, Education Code, is |
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amended by adding Section 51.7761 to read as follows: |
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Sec. 51.7761. AGREEMENT WITH COLLECTIVE BARGAINING |
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ORGANIZATION. (a) In this section, "public work contract" means a |
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contract for constructing, altering, or repairing a public building |
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or carrying out or completing any public work. |
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(b) An institution awarding a public work contract funded |
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with state money, including the issuance of debt guaranteed by this |
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state, may not: |
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(1) prohibit, require, discourage, or encourage a |
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person bidding on the public work contract, including a contractor |
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or subcontractor, from entering into or adhering to an agreement |
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with a collective bargaining organization relating to the project; |
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or |
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(2) discriminate against a person described by |
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Subdivision (1) based on the person's involvement in the agreement, |
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including the person's: |
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(A) status or lack of status as a party to the |
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agreement; or |
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(B) willingness or refusal to enter into the |
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agreement. |
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(c) This section may not be construed to: |
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(1) prohibit activity protected by the National Labor |
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Relations Act (29 U.S.C. Section 151 et seq.), including entering |
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into an agreement with a collective bargaining organization |
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relating to the project; or |
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(2) permit conduct prohibited under the National Labor |
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Relations Act (29 U.S.C. Section 151 et seq.). |
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SECTION 2. Subchapter B, Chapter 2269, Government Code, is |
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amended by adding Section 2269.0541 to read as follows: |
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Sec. 2269.0541. AGREEMENT WITH COLLECTIVE BARGAINING |
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ORGANIZATION. (a) A governmental entity awarding a public work |
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contract funded with state money, including the issuance of debt |
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guaranteed by this state, may not: |
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(1) prohibit, require, discourage, or encourage a |
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person bidding on the public work contract, including a contractor |
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or subcontractor, from entering into or adhering to an agreement |
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with a collective bargaining organization relating to the project; |
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or |
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(2) discriminate against a person described by |
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Subdivision (1) based on the person's involvement in the agreement, |
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including the person's: |
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(A) status or lack of status as a party to the |
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|
agreement; or |
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|
(B) willingness or refusal to enter into the |
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|
agreement. |
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(b) This section may not be construed to: |
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(1) prohibit activity protected by the National Labor |
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Relations Act (29 U.S.C. Section 151 et seq.), including entering |
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|
into an agreement with a collective bargaining organization |
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relating to the project; or |
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(2) permit conduct prohibited under the National Labor |
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Relations Act (29 U.S.C. Section 151 et seq.). |
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SECTION 3. Section 51.7761, Education Code, and Section |
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2269.0541, Government Code, as added by this Act, apply only to a |
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public work contract for which an invitation for offers, request |
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for proposals, request for qualifications, or other similar |
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solicitation is first published or distributed on or after the |
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effective date of this Act. A public work contract for which an |
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invitation for offers, request for proposals, request for |
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qualifications, or other similar solicitation is first published or |
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distributed before the effective date of this Act is governed by the |
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law in effect at the time the invitation, request, or other |
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solicitation is published or distributed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |