By: Huffman, Hall	S.B. No. 1968
	(In the Senate - Filed March 13, 2015; March 25, 2015, read
	first time and referred to Committee on State Affairs;
	April 15, 2015, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 6, Nays 3; April 15, 2015,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 1968	By:  Huffman

	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 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 2.  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 3.  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 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. Except as provided by Sections 403.0165 and
	659.1031, Government Code, and Sections 141.008 and 155.001, 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 6.  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 7.  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 8.  Section 101.201(a), Labor Code, is amended to
	read as follows:
	(a)  A person may not establish, call, participate in, or aid
	picketing at or near the premises of an employer with whom a labor
	dispute does not exist, regardless of whether the premises are
	temporarily or permanently occupied by the employees of another
	employer with whom a labor dispute does exist.
	SECTION 9.  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 10.  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 11.  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 12.  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 13.  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 14.  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, prohibiting the
	deduction of labor organization dues.
	SECTION 15.  Section 22.001, Education Code, is repealed.
	SECTION 16.  This Act takes effect September 1, 2015.
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