84R7372 JTS-F
	By: Elkins	H.B. No. 1749

	A BILL TO BE ENTITLED
	AN ACT
	relating to the organization of public employees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 617, Government Code, is
	amended to read as follows:
	CHAPTER 617.  COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
	DEDUCTIONS
	SECTION 2.  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. Except as provided by Section 141.008, 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.
	SECTION 3.  Section 101.002(b), Labor Code, is amended to
	read as follows:
	(b)  A member of a trade union or other organization acting
	in any capacity, including as otherwise authorized under other law
	to perform an inspection of the premises, may not enter the premises
	of another without the consent of the owner of the premises.
	SECTION 4.  Section 141.008, Local Government Code, is
	amended to read as follows:
	Sec. 141.008.  PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL FIRE
	AND POLICE DEPARTMENT MEMBERS [IN CERTAIN MUNICIPALITIES].  (a)
	The governing body of a municipality with a population of more than
	10,000 may deduct from the [a municipal employee's] monthly salary
	or wages of a member of the municipality's fire or police department
	an amount requested in writing by the member [employee] in payment
	of the member's [membership] dues to a bona fide employees'
	association named by the member [employee].
	(b) [(a-1)]  The governing body shall make the payroll
	deduction described by Subsection (a) if requested in writing by
	members of the municipality's fire department [employees who are
	fire protection personnel as defined by Section 419.021, Government
	Code], if the municipality receives revenue from the state, and 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.
	(c) [(a-2)]  The governing body shall make the payroll
	deduction described by Subsection (a) if:
	(1)  requested in writing by members 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.
	(d) [(b)]  Participation in the payroll deduction program by
	a municipal fire or police department member [municipal employee]
	who is on active full-time duty is voluntary.
	(e)  A [(c)  An employee's] written request under Subsection
	(b) or (c) must:
	(1)  be set out in a form prescribed and provided by the
	municipal treasurer or comptroller;
	(2)  state the amount to be deducted each month; and
	(3)  direct the municipal treasurer or comptroller to
	transfer the deducted funds to the designated employees'
	association.
	(f) [(d)]  The amount deducted each month may not exceed the
	amount stated in the written request.  However, the governing body
	of a municipality having a program under this section may impose and
	collect an administrative fee from each participating fire or
	police department member [employee] in addition to the membership
	dues that are withheld. The fee must be a reasonable amount to
	reimburse the municipality for the administrative costs of
	collecting, accounting for, and disbursing the membership dues.
	(g) [(e)]  A request under this section remains in effect
	until the municipal treasurer or comptroller receives a written
	notice of revocation in a form prescribed and provided by the
	treasurer or comptroller and filed by the fire or police department
	member [employee].
	SECTION 5.  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 6.  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 7.  Section 146.005(a), Local Government Code, is
	amended to read as follows:
	(a)  A [Except as provided by Subsection (b), a]
	certification election ordered under Section 146.004(a)(3) to
	determine whether an employee association represents a majority of
	the covered employees shall be conducted according to procedures
	specified by rules adopted by the Texas Workforce Commission, which
	must include a requirement that the election be conducted by secret
	ballot [agreeable to the parties].
	SECTION 8.  Section 146.006(c), Local Government Code, is
	amended to read as follows:
	(c)  The ballot for an election ordered under this section
	shall be printed to permit voting "yes" or "no" to the question [for
	or against the proposition]: "Should [Authorizing] __________
	(name of the municipality) be required to [operate under the state
	law allowing a municipality to] meet and confer and make agreements
	with the trade union [association] representing the __________
	(name of division of municipal employees)? [as provided by state
	law, preserving the prohibition against strikes and organized work
	stoppages, and providing penalties for strikes and organized work
	stoppages.]"
	SECTION 9.  Section 146.015(d), Local Government Code, is
	amended to read as follows:
	(d)  The ballot for an election ordered under Subsection (b)
	shall be printed to allow voting "yes" or "no" to the question [for
	or against the proposition]: "Should [Authorizing] __________
	(name of the municipality) be required [to continue to operate
	under the state law allowing a municipality] to meet and confer and
	make agreements with the trade union [association] representing the
	__________ (name of division of municipal employees)? [as provided
	by state law, preserving the prohibition against strikes and
	organized work stoppages, and providing penalties for strikes and
	organized work stoppages.]"
	SECTION 10.  Section 146.016(c), Local Government Code, is
	amended to read as follows:
	(c)  An election called under Subsection (b)(2) may be held
	as part of the next regularly scheduled general election for the
	municipality or a special election called by the governing body for
	that purpose. The ballot shall be printed to provide for voting
	"yes" or "no" to the question [for or against the proposition]:
	"Should [Repeal] the meet and confer agreement ratified on _____
	(date agreement was ratified) by the __________ (name of the
	governing body of the municipality) and the _____ (recognized
	municipal trade union [employee association]) be repealed?
	[concerning wages, salaries, rates of pay, hours of work, and other
	terms of employment.]"
	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:
	(1)  Chapter 88 (H.B. 1573), Acts of the 77th
	Legislature, Regular Session, 2001 (Article 6243h, Vernon's Texas
	Civil Statutes); or
	(2)  Section 617.006, Government Code.
	SECTION 12.  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;
	[(3)]  payment of fees for parking in a county-owned
	facility;
	(3) [(4)]  payment to a charitable organization; or
	(4) [(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,
	prohibiting the deduction of labor organization dues.
	SECTION 13.  The following provisions are repealed:
	(1)  Section 22.001, Education Code; and
	(2)  Section 146.005(b), Local Government Code.
	SECTION 14.  The changes in law made by this Act to Chapter
	146, Local Government Code:
	(1)  do not affect the validity of a meet and confer
	agreement entered into under that chapter before the effective date
	of this Act; and
	(2)  apply to a meet and confer agreement entered into,
	proposed to be entered into, proposed to be renewed, or renewed on
	or after the effective date of this Act.
	SECTION 15.  This Act takes effect September 1, 2015.