By: Hancock, et al. S.B. No. 936
 
  (Smithee)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain agreements with collective bargaining
  organizations related to certain publicly funded public work
  contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.7761(b), Education Code, is amended
  to read as follows:
         (b)  An institution awarding a public work contract funded
  in whole or in part with state or local governmental money or
  governmentally administered financial assistance, including the
  issuance of debt guaranteed by this state or a local governmental
  entity, money from ratepayers, or money from user fees, may not:
               (1)  prohibit, require, discourage, or encourage a
  person bidding on the public work contract, including a contractor
  or subcontractor, from entering into or adhering to an agreement
  with a collective bargaining organization relating to the project;
  or
               (2)  discriminate against a person described by
  Subdivision (1) based on the person's involvement in the agreement,
  including the person's:
                     (A)  status or lack of status as a party to the
  agreement; or
                     (B)  willingness or refusal to enter into the
  agreement.
         SECTION 2.  Section 2269.0541(a), Government Code, is
  amended to read as follows:
         (a)  A governmental entity awarding a public work contract
  funded in whole or in part with state or local governmental money or
  governmentally administered financial assistance, including the
  issuance of debt guaranteed by this state or a local governmental
  entity, money from ratepayers, or money from user fees, may not:
               (1)  prohibit, require, discourage, or encourage a
  person bidding on the public work contract, including a contractor
  or subcontractor, from entering into or adhering to an agreement
  with a collective bargaining organization relating to the project;
  or
               (2)  discriminate against a person described by
  Subdivision (1) based on the person's involvement in the agreement,
  including the person's:
                     (A)  status or lack of status as a party to the
  agreement; or
                     (B)  willingness or refusal to enter into the
  agreement.
         SECTION 3.  The changes made by this Act to Section 51.7761,
  Education Code, and Section 2269.0541, Government Code, apply only
  to a public work contract for which an invitation for offers,
  request for proposals, request for qualifications, or other similar
  solicitation is first published or distributed on or after the
  effective date of this Act. A public work contract for which an
  invitation for offers, request for proposals, request for
  qualifications, or other similar solicitation is first published or
  distributed before the effective date of this Act is governed by the
  law in effect at the time the invitation, request, or other
  solicitation is published or distributed, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.