Bill Text: TX SB13 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to payroll deductions for state and local government employee organizations.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2016-12-16 - Filed [SB13 Detail]

Download: Texas-2017-SB13-Introduced.html
  85R5054 JTS-F
 
  By: Huffman, et al. S.B. No. 13
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to payroll deductions for state and local government
  employee organizations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.013(b), Education Code, is amended to
  read as follows:
         (b)  A home-rule school district is subject to:
               (1)  a provision of this title establishing a criminal
  offense;
               (2)  a provision of this title relating to limitations
  on liability; and
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  educator certification under Chapter 21 and
  educator rights under Sections 21.407 and[,] 21.408[, and 22.001];
                     (C)  criminal history records under Subchapter C,
  Chapter 22;
                     (D)  student admissions under Section 25.001;
                     (E)  school attendance under Sections 25.085,
  25.086, and 25.087;
                     (F)  inter-district or inter-county transfers of
  students under Subchapter B, Chapter 25;
                     (G)  elementary class size limits under Section
  25.112, in the case of any campus in the district that fails to
  satisfy any standard under Section 39.054(e);
                     (H)  high school graduation under Section 28.025;
                     (I)  special education programs under Subchapter
  A, Chapter 29;
                     (J)  bilingual education under Subchapter B,
  Chapter 29;
                     (K)  prekindergarten programs under Subchapter E,
  Chapter 29;
                     (L)  safety provisions relating to the
  transportation of students under Sections 34.002, 34.003, 34.004,
  and 34.008;
                     (M)  computation and distribution of state aid
  under Chapters 31, 42, and 43;
                     (N)  extracurricular activities under Section
  33.081;
                     (O)  health and safety under Chapter 38;
                     (P)  public school accountability under
  Subchapters B, C, D, E, and J, Chapter 39;
                     (Q)  equalized wealth under Chapter 41;
                     (R)  a bond or other obligation or tax rate under
  Chapters 42, 43, and 45; and
                     (S)  purchasing under Chapter 44.
         SECTION 2.  The heading to Section 403.0165, Government
  Code, is amended to read as follows:
         Sec. 403.0165.  PAYROLL DEDUCTION FOR STATE EMPLOYEE
  ORGANIZATION: CERTAIN FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY
  MEDICAL SERVICES PERSONNEL.
         SECTION 3.  Sections 403.0165(a), (b), (c), and (d),
  Government Code, are amended to read as follows:
         (a)  A covered [An] employee of a state agency may authorize
  a transfer each pay period from the employee's salary or wage
  payment for a membership fee in an eligible state employee
  organization. The authorization shall remain in effect until the 
  [an] employee authorizes a change in the authorization.
  Authorizations and changes in authorizations must be provided in
  accordance with rules adopted by the comptroller.
         (b)  The comptroller shall adopt rules for transfers by
  covered employees to a certified eligible state employee
  organization. The rules may authorize electronic transfers of
  amounts deducted from covered employees' salaries and wages under
  this section.
         (c)  Participation by covered employees of state agencies in
  the payroll deduction program authorized by this section is
  voluntary.
         (d)  To be certified by the comptroller, a state employee
  organization must have a current dues structure for covered state
  employees in place and operating in this state for a period of at
  least 18 months.
         SECTION 4.  Section 403.0165(l), Government Code, is amended
  by adding Subdivision (3) to read as follows:
               (3)  "Covered employee of a state agency" means:
                     (A)  an individual employed by a state agency in a
  professional law enforcement or firefighting capacity; or
                     (B)  an individual employed by a state agency in a
  capacity that meets the definition of "emergency medical services
  personnel," as that term is defined by Section 773.003, Health and
  Safety Code.
         SECTION 5.  The heading to Chapter 617, Government Code, is
  amended to read as follows:
  CHAPTER 617.  COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
  DEDUCTIONS
         SECTION 6.  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. (a)  Except as provided by Sections 403.0165 and
  659.1031, Government Code, and Sections 141.008 and 155.001(a)(2),
  Local Government Code, the state or a political subdivision of the
  state 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 labor organization or other similar entity, including a
  trade union, labor union, employees' association, or professional
  organization.
         (b)  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,
  Government Code.
         SECTION 7.  Section 659.1031(a), Government Code, is amended
  to read as follows:
         (a)  An employee of a state agency employed in a professional
  law enforcement capacity may authorize in writing a deduction each
  pay period from the employee's salary or wage payment for payment to
  an eligible state employee organization of a membership fee in the
  organization.
         SECTION 8.  The heading to Section 141.008, Local Government
  Code, is amended to read as follows:
         Sec. 141.008.  PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL
  FIREFIGHTERS, POLICE OFFICERS, AND EMERGENCY MEDICAL SERVICES
  PERSONNEL [IN CERTAIN MUNICIPALITIES].
         SECTION 9.  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 a municipal employee who
  is:
               (1)  a member of the municipality's fire or police
  department; or
               (2)  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 a municipal 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
  2.12, 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 10.  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 11.  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 or other similar entity, including a trade
  union, labor union, employees' association, or professional
  organization in violation of Section 617.006, Government Code.
         SECTION 12.  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 13.  Section 155.001(a), Local Government Code, is
  amended to read as follows:
         (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 if the requesting employee serves:
                     (A)  in a professional law enforcement or
  firefighting capacity; or
                     (B)  in a capacity that meets the definition of
  "emergency medical services personnel," as that term is defined by
  Section 773.003, Health and Safety Code;
               (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 another
  law, including Section 617.006, Government Code.
         SECTION 14.  Section 22.001, Education Code, is repealed.
         SECTION 15.  This Act takes effect September 1, 2017.
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