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A BILL TO BE ENTITLED
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AN ACT
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relating to certain agreements with collective bargaining |
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organizations related to certain publicly 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. Section 51.7761(b), Education Code, is amended |
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to read as follows: |
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(b) An institution awarding a public work contract funded |
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in whole or in part with state or local governmental money or |
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governmentally administered financial assistance, including the |
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issuance of debt guaranteed by this state or a local governmental |
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entity, money from ratepayers, or money from user fees, 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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SECTION 2. Section 2269.0541(a), Government Code, is |
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amended to read as follows: |
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(a) A governmental entity awarding a public work contract |
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funded in whole or in part with state or local governmental money or |
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governmentally administered financial assistance, including the |
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issuance of debt guaranteed by this state or a local governmental |
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entity, money from ratepayers, or money from user fees, 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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SECTION 3. The changes made by this Act to Section 51.7761, |
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Education Code, and Section 2269.0541, Government Code, apply only |
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to a public work contract for which an invitation for offers, |
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request 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, 2023. |