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A BILL TO BE ENTITLED
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AN ACT
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relating to payroll deductions for certain school district |
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employees for membership in a professional organization or |
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association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SHORT TITLE. This Act shall be known as the |
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Paycheck Protection Act of 2023. |
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SECTION 2. Chapter 22, Education Code, is amended by adding |
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Sections 22.0001 to read as follows: |
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Sec. 22.0001. DEFINITIONS. In this subchapter: |
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(1) "Professional organization" means an |
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organization, association, or union in which school district |
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employees participate and that exists, in whole or in part, to deal |
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with one or more public employers concerning grievances, labor |
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disputes, or conditions of employment affecting school district |
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employees and whose members pay fees or dues. |
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(2) "Association" has the meaning assigned by Section |
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174.003, Local Government Code. |
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SECTION 3. Section 22.001, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A school district employee, other than an employee who |
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is employed in a professional law enforcement capacity is not |
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entitled to have an amount deducted from the employee's salary for |
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membership fees or dues to a professional organization [. The |
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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 |
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fees and dues for each year or have the organization notify the |
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district of the amount]. |
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(a-1) A school district employee employed in a professional |
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law enforcement capacity is entitled to have an amount deducted |
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from the employee's salary for membership fees or dues to a |
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professional organization or association. The employee must: |
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(1) file with the district a signed written request |
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identifying the organization or association and specifying the |
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number of pay 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 or association |
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notify the district of the amount. |
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SECTION 4. Chapter 22, Education Code, is amended by adding |
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Section 22.0011 to read as follows: |
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Sec. 22.0011. PROHIBITION ON COLLECTION OF PROFESSIONAL |
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ORGANIZATION DUES. (a) Except as provided by Subsection (b), a |
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school district may not deduct or withhold, or contract to deduct or |
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withhold, from an employee's salary or wages payment of dues or |
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membership fees to a professional organization or association. |
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(b) Subsection (a) does not apply to an employee who is |
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employed in a professional law enforcement capacity. |
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(c) Subsection (a) does not affect the ability of a school |
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district to deduct or withhold from an employee's salary or wages an |
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amount for donation to an eligible charitable organization. |
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SECTION 5. 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, 2023. |