By: Parker, et al. S.B. No. 2330

A BILL TO BE ENTITLED

AN ACT

relating to payroll deductions for certain state and local government employee organizations.

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

SECTION 1. Subchapter A, Chapter 22, Education Code, is amended by adding Section 22.0011 to read as follows:

Sec. 22.0011. SALARY DEDUCTION FOR LICENSED LAW ENFORCEMENT OFFICER. (a) A school district employee that is employed by the school district as a law enforcement officer and licensed by the Texas Commission on Law Enforcement under Chapter 1701, Occupations Code, is entitled to have an amount deducted from the employee's salary for membership fees or dues to a professional organization. The employee must:

(1) file with the district a signed written request identifying the 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 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 deductions shall be made until the employee requests in writing that the deductions be discontinued.

SECTION 2. The heading to Section 403.0165, Government Code, is amended to read as follows:

Sec. 403.0165. PAYROLL DEDUCTION FOR ELIGIBLE STATE EMPLOYEE ORGANIZATION.

SECTION 3. Section 403.0165(l)(1), Government Code, is amended to read as follows:

(1) "Eligible state employee organization" means a state employee organization:

(A) [with] a majority of the membership of which consists of individuals who are:

(i) law enforcement personnel licensed by the Texas Commission on Law Enforcement under Chapter 1701, Occupations Code;

(ii) fire protection personnel, as defined by Section 419.021 of this code; or

(iii) emergency medical services personnel, as defined by Section 773.003, Health and Safety Code;

(B) [of at least 4,000 state employees continuously for the 18 months preceding a request for certification from the comptroller] that conducts activities on a statewide basis; and

(C) that the comptroller has certified under this section [article].

SECTION 4. The heading to Chapter 617, Government Code, is amended to read as follows:

CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL

DEDUCTIONS

SECTION 5. Chapter 617, Government Code, is amended by adding Section 617.006 to read as follows:

Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR ORGANIZATION DUES; EXCEPTIONS. (a) Except as otherwise provided by this section, the state or a political subdivision of the state may not deduct, withhold, or transfer from an employee's salary or wages payment of dues or membership fees to a labor organization or other similar organization, including a trade union, labor union, employees' association, or professional organization.

(b) Subsection (a) does not apply to deductions or withholdings by:

(1) a state agency under Section 403.0165 or 659.1031; or

(2) a political subdivision:

(A) under Section 22.0011, Education Code;

(B) under Section 141.008, 147.005, or 155.001, Local Government Code; or

(C) under the terms of an agreement entered into under:

(i) Subchapter B or C, Chapter 142, Local Government Code;

(ii) Subchapter H, I, or J, Chapter 143, Local Government Code; or

(iii) Chapter 174, Local Government Code.

(c) Subsection (a) does not affect the ability of the state or a political subdivision of the state to deduct or withhold from an employee's salary or wages an amount for donation to a charitable organization determined to be eligible for participation in the state employee charitable campaign under Subchapter I, Chapter 659.

SECTION 6. Section 659.1031(b), Government Code, is amended to read as follows:

(b) In this section, "eligible state employee organization" has the meaning assigned by Section 403.0165(l) and includes [means] a state employee organization with a membership of at least 2,000 active or retired state employees who hold or who have held certification from the Texas Commission on Law Enforcement.

SECTION 7. The heading to Section 141.008, Local Government Code, is amended to read as follows:

Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL LAW ENFORCEMENT PERSONNEL, FIRE PROTECTION PERSONNEL, AND EMERGENCY MEDICAL SERVICES PERSONNEL [IN CERTAIN MUNICIPALITIES].

SECTION 8. Section 141.008, Local Government Code, is amended by amending Subsections (a), (a-1), and (a-2) and adding Subsection (a-3) to read as follows:

(a) This section applies only to municipal employees who are:

(1) law enforcement personnel licensed by the Texas Commission on Law Enforcement under Chapter 1701, Occupations Code;

(2) fire protection personnel, as defined by Section 419.021, Government Code; or

(3) emergency medical services personnel, as defined by Section 773.003, Health and Safety Code.

(a-1) The governing body of a municipality with a population of more than 10,000 may deduct from the monthly salary or wages of a municipal employee to which this section applies [employee's monthly salary or wages] an amount requested in writing by the employee in payment of membership dues to a bona fide employees' association named by the employee.

(a-2) [(a-1)] The governing body shall make the payroll deduction described by Subsection (a-1) [(a)] if requested in writing by an employee who is a member of the municipality's fire department or emergency medical services personnel [employees who are fire protection personnel as defined by Section 419.021, Government Code,] if the municipality:

(1) receives revenue from the state;[,] and

(2) [if the municipality] permits deductions for purposes other than charity, health insurance, taxes, or other purposes for which the municipality is required by law to permit a deduction.

(a-3) [(a-2)] The governing body of a municipality whose police department is not covered by a collective bargaining agreement or meet and confer agreement entered into under this code shall make the payroll deduction described by Subsection (a-1) [(a)] if:

(1) requested in writing by an employee who is a member of the municipality's police department [employees who:

[(A) are peace officers as defined by Article 2A.001, Code of Criminal Procedure; and

[(B) are not members of a police department covered by a collective bargaining agreement or meet-and-confer agreement entered into under this code]; and

(2) the municipality permits deductions for purposes other than charity, health insurance, taxes, or other purposes for which the municipality is required by law to permit a deduction.

SECTION 9. Section 146.002(2), Local Government Code, is amended to read as follows:

(2) "Employee association" means an organization in which municipal employees participate and that exists for the purpose, wholly or partly, of dealing with one or more employers, whether public or private, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work affecting public employees [and whose members pay dues by means of an automatic payroll deduction].

SECTION 10. Section 146.003, Local Government Code, is amended by adding Subsection (e) to read as follows:

(e) This chapter does not authorize an agreement for deducting or withholding payment of dues, fees, or contributions to a labor organization, as defined by Section 617.001, Government Code, or any other similar entity, including a trade union, labor union, employees' association, or professional organization in violation of Section 617.006, Government Code.

SECTION 11. Section 146.017, Local Government Code, is amended to read as follows:

Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) Except as provided by Subsection (b), a [A] written meet and confer agreement ratified under this chapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by this state or a political subdivision or agent of this state, including a personnel board, civil service commission, or home-rule municipality, other than a statute, ordinance, executive order, civil service provision, or rule regarding pensions or pension-related matters.

(b) A written meet and confer agreement ratified under this chapter may not conflict with or preempt Section 617.006, Government Code.

SECTION 12. Section 155.001, Local Government Code, is amended to read as follows:

Sec. 155.001. DEDUCTIONS AUTHORIZED IN COUNTIES; PURPOSES. (a) The commissioners court, on the request of a county employee, may authorize a payroll deduction to be made from the employee's wages or salary for:

(1) payment to a credit union;

(2) payment of membership dues in [a labor union or] a bona fide employees association;

(3) payment of fees for parking in a county-owned facility;

(4) payment to a charitable organization; or

(5) payment relating to an item not listed in this subsection if the commissioners court determines that the payment serves a public purpose, unless the deduction would violate Section 617.006, Government Code.

(b) In this section:

(1) "Bona fide employees association" means an employees association whose membership consists exclusively of:

(A) law enforcement personnel licensed by the Texas Commission on Law Enforcement under Chapter 1701, Occupations Code;

(B) fire protection personnel, as defined by Section 419.021, Government Code; or

(C) emergency medical services personnel, as defined by Section 773.003, Health and Safety Code.

(2) "Charitable[, "charitable] organization" has the meaning assigned by Section 659.131, Government Code.

SECTION 13. Section 155.003(b), Local Government Code, is amended to read as follows:

(b) The credit union[, labor union,] or a bona fide employees association, as defined by Section 155.001, for whose benefit a deduction is made shall pay any administrative costs for making the deduction. The commissioners court shall determine the amount of the administrative costs.

SECTION 14. The following provisions are repealed:

(1) Section 22.001, Education Code; and

(2) Section 403.0165(k), Government Code.

SECTION 15. This Act takes effect September 1, 2025.