By: Capriglione H.B. No. 5019

A BILL TO BE ENTITLED

AN ACT

relating to school district contracts with certain organizations and payroll deductions for school district employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.159, Education Code, is amended by adding Subsection (f) to read as follows:

(f) Any person, entity, or other provider offering training under this section must have the training approved by the agency, including approval of the content of the training, when the training is provided, the manner the training is provided, and the place the training is provided. The agency may not approve the provision of training:

(1) at a meeting of a professional organization as defined by Section 21.0001;

(2) by an association that primarily represents political subdivisions of the state, which includes a person, agent, or other entity affiliated or acting in coordination with the association; or

(3) by a person, entity, or other provider of training that engages in electioneering, political or issue advocacy.

(g) The agency shall provide an appeal process for a determination under Subsection (f).

SECTION 2. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0544 to read as follows:

Sec. 21.0544. PROHIBITED CONTINUING EDUCATION CREDITS. No training that counts towards continuing education under this subchapter may include electioneering, political advocacy, or issue advocacy or be provided in connection with an event that includes electioneering, political advocacy, or issue advocacy.

SECTION 3. Subchapter A, Chapter 22, Education Code, is amended by adding Sections 22.0001 to read as follows:

Sec. 22.0001. DEFINITIONS. In this subchapter "Professional organization" means an organization, association, union, or other advocacy group in which school district employees participate and that exists, in whole or in part, to deal with one or more public employers concerning grievances, labor disputes, or conditions of employment affecting school district employees and whose members pay fees or dues.

SECTION 4. This section takes effect for the 2026-2027 school year. The heading to Section 22.001, Education Code, is amended to read as follows:

Sec. 22.001. SALARY DEDUCTIONS FOR STATE-SUPPORTED EMPLOYEE SUPPORTS [PROFESSIONAL DUES].

SECTION 5. This section takes effect for the 2026-2027 school year. Section 22.001, Education Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows:

(a) A school district employee is entitled to have an amount deducted from the employee's salary for [membership] fees [or dues] to an entity providing services to school employees, including classroom teachers, under Section 22.0011 [a professional organization]. The employee must:

(1) file with the district a signed written request identifying the entity [organization and specifying the number of pay periods per year the deductions are to be made]; and

(2) inform the district of the total amount of the fees [and dues] for each year or have the entity [organization] notify the district of the amount.

(b) The district shall deduct the total amount of the fees [or dues] for a year in equal amounts per pay period [for the number of periods specified by the employee]. The district shall notify the employee not later than the 45th day after the district receives a request under Subsection (a) of the number of pay periods annually from which the district will deduct the fees. The deductions shall be made until the employee requests in writing that the deductions be discontinued.

(d) For any employee with a payroll deduction during the 2025-2026 school year under this section as it existed on September 1, 2024 for dues or fees to a professional organization, the school district shall automatically make a deduction for the 2026-2027 school year under this section for purposes of fees for the entity under Section 22.0011 until the employee provides written notice to discontinue the deduction. The school district shall provide notice to employees prior to the beginning of the 2026-2027 school year of the changes under this section for the 2026-2027 school year and that previously exercised deductions will continue but with enrollment in the entity under Section 22.0011 unless the employee provides written notice to the district to cease deductions. The agency may provide a model notice form for the notice under this section. This section expires September 1, 2028.

SECTION 6. Subchapter A, Chapter 22, Education Code, is amended by adding Section 22.0011 to read as follows:

Sec. 22.0011. RESOURCES, INCLUDING LIABILITY INSURANCE, FOR SCHOOL EMPLOYEES. (a) From funds appropriated or otherwise available for the purpose, the agency shall contract with one or more third parties to provide the following services for school employees, including classroom teachers employed under a probationary, continuing, or term contract:

(1) assistance in understanding the employee's rights, duties, and benefits; and

(2) liability insurance to protect a school employee against liability to a third party based on conduct that the employee allegedly engaged in during the course of the employee's duties.

(b) A school district may not interfere with a school employee's access to services provided under this section.

(c) A contract entered into by the agency to provide services under Subsection (a) must prohibit the entity with which the agency contracts from using funds received under the contract to engage in:

(1) electioneering or services supportive of electioneering;

(2) political advertising;

(3) conduct that a state agency using appropriated money is prohibited from engaging in under Chapter 556, Government Code; and

(4) political activities or advocacy addressing issues regarding public schools, including for boards of trustees of school districts or school districts.

(d) This section may not be interpreted to interfere with a school district employee's exercise of a right protected by the First Amendment to the United States Constitution or Section 27, Article I, of the Texas Constitution.

(e) The third party may charge a fee to employees for participation.

(f) A school district shall share information with the third party provider.

SECTION 7. Subchapter A, Chapter 22, Education Code, is amended by adding Section 22.0012 to read as follows:

Sec. 22.0012. PROHIBITION ON COLLECTION OF PROFESSIONAL ORGANIZATION DUES. A school district may not deduct or withhold, or contract to deduct or withhold, from an employee's salary or wages payment of dues or membership fees to a professional organization or association that is not established or managed by a governmental entity.

SECTION 8. Subchapter B, Chapter 44, Education Code, is amended by adding Sec. 44.0314 to read as follows:

Sec. 44.0314. PROHIBITED PURCHASING COOPERATIVES. (a) In this section:

(1) a "prohibited organization" means an entity that:

(A) is a non-profit association or organization;

(B) represents political subdivisions of the state in a private or contracted capacity; and

(C) employs, contracts with, or receives services directly or indirectly from an individual required to register as a lobbyist under Chapter 305, Government Code.

(2) An "affiliate entity" is an entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is in common control with, a prohibited organization.

(3) The definitions in this section do not include the State of Texas or its agencies and instrumentalities, including the comptroller of public accounts, the Texas treasury safekeeping trust company, or a local government investment pool that is operated by or overseen by the comptroller or the Texas treasury safekeeping trust company.

(b) The agency shall maintain a list of prohibited organizations who either directly or through their affiliate are involved in purchasing cooperatives or investment pools. The agency shall make available the list of prohibited organizations on its website.

(c) A purchase of goods or services made through a purchasing cooperative under Chapter 791, Government Code, is made in violation of this section if the organization that oversees, administers, advises, or otherwise supports the purchasing cooperative is a prohibited organization or an affiliate of a prohibited organization.

SECTION 9. Subchapter E, Chapter 45, Education Code, is amended by adding Sec. 45.114 to read as follows:

Sec. 45.114. INVESTMENT POOLS. (a) A school district may not invest its funds or funds under its control in an investment pool under Section 2256.016, Government Code, that is overseen, administered, advised, or otherwise supported by a prohibited organization or an affiliate of a prohibited organization as those terms are defined by Section 44.0314.

(c) Notwithstanding Section 2256.017, for any funds held in an investment pool managed by a prohibited organization under Sec. 44.0314, Education Code, the school district shall develop a plan to transfer the assets and publish the plan, and any updates, on its public website. Such transfer plans shall include, at a minimum:

(1) a specific timeline of actions to complete the transition;

(2) the roles and responsibilities of the school district and any prohibited organization or affiliate of a prohibited organization to execute the transition; and

(3) provisions for the safeguarding of confidential information.

(d) The school district transfer plan must be approved by the board of trustees of the applicable independent school district and must be completed by September 1, 2026.

(e) Subsections (c), (d), and this subsection expire September 1, 2031.

SECTION 10. A school district shall continue deductions of fees or dues under Section 22.001 as it existed on September 1, 2024 until the required deductions for the 2025-2026 school year are complete.

SECTION 11. 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, 2025. Except as provided elsewhere this act applies beginning with the 2025-2026 school year.