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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 state and local |
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government employee organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.013(b), Education Code, is amended to |
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read as follows: |
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(b) A home-rule school district is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) a provision of this title relating to limitations |
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on liability; and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) educator certification under Chapter 21 and |
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educator rights under Sections 21.407 and [,] 21.408[, and 22.001]; |
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(C) criminal history records under Subchapter C, |
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Chapter 22; |
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(D) student admissions under Section 25.001; |
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(E) school attendance under Sections 25.085, |
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25.086, and 25.087; |
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(F) inter-district or inter-county transfers of |
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students under Subchapter B, Chapter 25; |
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(G) elementary class size limits under Section |
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25.112, in the case of any campus in the district that fails to |
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satisfy any standard under Section 39.054(e); |
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(H) high school graduation under Section 28.025; |
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(I) special education programs under Subchapter |
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A, Chapter 29; |
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(J) bilingual education under Subchapter B, |
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Chapter 29; |
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(K) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(L) safety provisions relating to the |
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transportation of students under Sections 34.002, 34.003, 34.004, |
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and 34.008; |
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(M) computation and distribution of state aid |
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under Chapters 31, 43, and 48; |
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(N) extracurricular activities under Section |
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33.081; |
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(O) health and safety under Chapter 38; |
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(P) the provisions of Subchapter A, Chapter 39; |
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(Q) public school accountability and special |
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investigations under Subchapters A, B, C, D, and J, Chapter 39, and |
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Chapter 39A; |
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(R) options for local revenue levels in excess of |
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entitlement under Chapter 49; |
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(S) a bond or other obligation or tax rate under |
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Chapters 43, 45, and 48; |
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(T) purchasing under Chapter 44; and |
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(U) parental options to retain a student under |
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Section 28.02124. |
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SECTION 2. The heading to Section 403.0165, Government |
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Code, is amended to read as follows: |
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Sec. 403.0165. PAYROLL DEDUCTION FOR ELIGIBLE STATE |
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EMPLOYEE ORGANIZATION. |
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SECTION 3. Section 403.0165(l)(1), Government Code, is |
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amended to read as follows: |
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(1) "Eligible state employee organization" means a |
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state employee organization: |
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(A) with a membership that consists exclusively |
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of individuals who are: |
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(i) peace officers, as defined by Article |
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2A.001, Code of Criminal Procedure; |
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(ii) fire protection personnel, as defined |
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by Section 419.021 of this code; or |
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(iii) emergency medical services |
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personnel, as defined by Section 773.003, Health and Safety Code; |
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(B) [of at least 4,000 state employees |
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continuously for the 18 months preceding a request for |
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certification from the comptroller] that conducts activities on a |
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statewide basis; and |
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(C) that the comptroller has certified under this |
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article. |
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SECTION 4. The heading to Chapter 617, Government Code, is |
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amended to read as follows: |
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CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL |
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DEDUCTIONS |
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SECTION 5. Chapter 617, Government Code, is amended by |
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adding Section 617.006 to read as follows: |
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Sec. 617.006. PROHIBITION ON COLLECTION OF LABOR |
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ORGANIZATION DUES; EXCEPTIONS. (a) Except as otherwise provided |
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by this section, the state or a political subdivision of the state |
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may not deduct, withhold, or transfer from an employee's salary or |
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wages payment of dues or membership fees to a labor organization or |
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other similar organization, including a trade union, labor union, |
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employees' association, or professional organization. |
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(b) Subsection (a) does not apply to deductions or |
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withholdings by: |
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(1) a state agency under Section 403.0165 or 659.1031; |
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or |
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(2) a political subdivision: |
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(A) under Section 141.008 or 155.001, Local |
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Government Code; or |
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(B) under the terms of an agreement entered into |
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under: |
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(i) Subchapter B or C, Chapter 142, Local |
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Government Code; or |
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(ii) Chapter 174, Local Government Code. |
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(c) Subsection (a) does not affect the ability of the state |
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or a political subdivision of the state to deduct or withhold from |
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an employee's salary or wages an amount for donation to a charitable |
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organization determined to be eligible for participation in the |
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state employee charitable campaign under Subchapter I, Chapter 659. |
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SECTION 6. Section 659.1031(b), Government Code, is amended |
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to read as follows: |
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(b) In this section, "eligible state employee organization" |
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has the meaning assigned by Section 403.0165(l) and includes |
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[means] a state employee organization with a membership of at least |
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2,000 active or retired state employees who hold or who have held |
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certification from the Texas Commission on Law Enforcement. |
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SECTION 7. The heading to Section 141.008, Local Government |
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Code, is amended to read as follows: |
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Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL |
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POLICE OFFICERS, FIRE PROTECTION PERSONNEL, AND EMERGENCY MEDICAL |
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SERVICES PERSONNEL [IN CERTAIN MUNICIPALITIES]. |
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SECTION 8. Section 141.008, Local Government Code, is |
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amended by amending Subsections (a), (a-1), and (a-2) and adding |
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Subsection (a-3) to read as follows: |
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(a) This section applies only to municipal employees who |
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are: |
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(1) peace officers, as defined by Article 2A.001, Code |
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of Criminal Procedure; |
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(2) fire protection personnel, as defined by Section |
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419.021, Government Code; or |
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(3) emergency medical services personnel, as defined |
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by Section 773.003, Health and Safety Code. |
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(a-1) The governing body of a municipality with a population |
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of more than 10,000 may deduct from the monthly salary or wages of a |
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municipal employee to which this section applies [employee's |
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monthly salary or wages] an amount requested in writing by the |
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employee in payment of membership dues to a bona fide employees' |
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association named by the employee. |
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(a-2) [(a-1)] The governing body shall make the payroll |
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deduction described by Subsection (a-1) [(a)] if requested in |
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writing by an employee who is a member of the municipality's fire |
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department or emergency medical services personnel [employees who |
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are fire protection personnel as defined by Section 419.021, |
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Government Code,] if the municipality: |
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(1) receives revenue from the state;[,] and |
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(2) [if the municipality] permits deductions for |
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purposes other than charity, health insurance, taxes, or other |
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purposes for which the municipality is required by law to permit a |
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deduction. |
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(a-3) [(a-2)] The governing body of a municipality whose |
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police department is not covered by a collective bargaining |
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agreement or meet and confer agreement entered into under this code |
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shall make the payroll deduction described by Subsection (a-1) |
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[(a)] if: |
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(1) requested in writing by an employee who is a member |
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of the municipality's police department [employees who: |
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[(A) are peace officers as defined by Article |
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2A.001, Code of Criminal Procedure; and |
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[(B) are not members of a police department |
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covered by a collective bargaining agreement or meet-and-confer |
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agreement entered into under this code]; and |
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(2) the municipality permits deductions for purposes |
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other than charity, health insurance, taxes, or other purposes for |
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which the municipality is required by law to permit a deduction. |
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SECTION 9. Section 146.002(2), Local Government Code, is |
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amended to read as follows: |
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(2) "Employee association" means an organization in |
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which municipal employees participate and that exists for the |
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purpose, wholly or partly, of dealing with one or more employers, |
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whether public or private, concerning grievances, labor disputes, |
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wages, rates of pay, hours of employment, or conditions of work |
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affecting public employees [and whose members pay dues by means of |
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an automatic payroll deduction]. |
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SECTION 10. Section 146.003, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) This chapter does not authorize an agreement for |
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deducting or withholding payment of dues, fees, or contributions to |
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a labor organization, as defined by Section 617.001, Government |
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Code, or any other similar entity, including a trade union, labor |
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union, employees' association, or professional organization in |
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violation of Section 617.006, Government Code. |
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SECTION 11. Section 146.017, Local Government Code, is |
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amended to read as follows: |
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Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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(a) Except as provided by Subsection (b), a [A] written meet and |
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confer agreement ratified under this chapter preempts, during the |
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term of the agreement and to the extent of any conflict, all |
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contrary state statutes, local ordinances, executive orders, civil |
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service provisions, or rules adopted by this state or a political |
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subdivision or agent of this state, including a personnel board, |
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civil service commission, or home-rule municipality, other than a |
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statute, ordinance, executive order, civil service provision, or |
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rule regarding pensions or pension-related matters. |
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(b) A written meet and confer agreement ratified under this |
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chapter may not conflict with or preempt Section 617.006, |
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Government Code. |
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SECTION 12. Section 155.001, Local Government Code, is |
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amended to read as follows: |
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Sec. 155.001. DEDUCTIONS AUTHORIZED IN COUNTIES; PURPOSES. |
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(a) The commissioners court, on the request of a county employee, |
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may authorize a payroll deduction to be made from the employee's |
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wages or salary for: |
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(1) payment to a credit union; |
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(2) payment of membership dues in [a labor union or] a |
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bona fide employees association; |
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(3) payment of fees for parking in a county-owned |
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facility; |
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(4) payment to a charitable organization; or |
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(5) payment relating to an item not listed in this |
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subsection if the commissioners court determines that the payment |
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serves a public purpose, unless the deduction would violate Section |
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617.006, Government Code. |
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(b) In this section: |
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(1) "Bona fide employees association" means an |
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employees association whose membership consists exclusively of: |
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(A) peace officers, as defined by Article 2A.001, |
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Code of Criminal Procedure; |
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(B) fire protection personnel, as defined by |
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Section 419.021, Government Code; or |
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(C) emergency medical services personnel, as |
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defined by Section 773.003, Health and Safety Code. |
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(2) "Charitable [, "charitable] organization" has the |
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meaning assigned by Section 659.131, Government Code. |
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SECTION 13. Section 155.003(b), Local Government Code, is |
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amended to read as follows: |
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(b) The credit union[, labor union,] or bona fide employees |
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association for whose benefit a deduction is made shall pay any |
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administrative costs for making the deduction. The commissioners |
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court shall determine the amount of the administrative costs. |
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SECTION 14. The following provisions are repealed: |
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(1) Section 22.001, Education Code; and |
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(2) Section 403.0165(k), Government Code. |
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SECTION 15. This Act takes effect September 1, 2025. |