By: Huffman	S.B. No. 1968

	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.  Section 403.0165, Government Code, is amended to
	read as follows:
	Sec. 403.0165.  PAYROLL DEDUCTION FOR STATE EMPLOYEE
	ORGANIZATION.
	(a)  A [An] covered employee of a state agency, as defined by
	Subsection (l), 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] covered 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.
	(e)  Any organization requesting certification shall
	demonstrate that the fee structure proposed from state employees is
	equal to an average of not less than one-half of the fees for that
	organization nationwide.
	(f)  An organization not previously certified may submit an
	application for certification as an eligible state employee
	organization to the comptroller at any time except during the
	period after June 2 and before September 1.
	(g)  The comptroller may approve an application under
	Subsection (f) if a state employee organization demonstrates to the
	satisfaction of the comptroller that it qualifies as an eligible
	state employee organization by providing the documentation
	required by this section and applicable rules adopted by the
	comptroller.
	(h)  The comptroller may charge an administrative fee to
	cover the costs incurred as a result of administering this section.
	The administrative fees charged by the comptroller shall be paid by
	each qualifying state employee organization on a pro rata basis to
	be determined by the comptroller. The comptroller by rule shall
	determine the most efficient and effective method of collecting the
	fees.
	(i)  The comptroller may adopt rules for the administration
	of this section.
	(j)  Repealed by Acts 1997, 75th Leg., ch. 1035, § 90(a),
	eff. June 19, 1997.
	(k)  Any state employee organization that has a membership of
	at least 4,000 state employee members on April 1, 1991, shall be
	certified by the comptroller as an eligible state employee
	organization. Such an organization may not be required to meet any
	other eligibility requirements as set out in this section for
	certification, including requirements in the definition of
	eligible state employee organization under Subsection (l).
	(l)  In this section:
	(1)  "Eligible state employee organization" means a
	state employee organization with a membership 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 that the comptroller has certified under this
	article.
	(2)  "State agency" means a department, commission,
	board, office, or any other state entity of state government.
	(3)  "Covered employee of a state agency" means an
	individual employed by a state agency in a professional law
	enforcement or firefighting capacity, or 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 2.  The heading to Chapter 617, Government Code, is
	amended to read as follows:
	CHAPTER 617. COLLECTIVE BARGAINING, [AND] STRIKES, AND PAYROLL
	DEDUCTIONS
	SECTION 3.  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 141.008 and
	155.001, Local Government Code, and Sections 403.0165 and 659.1031,
	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 4.  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 5.  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 6.  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 7.  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 AND EMERGENCY MEDICAL SERVICES
	PERSONNEL [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 or emergency medical
	services personnel 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 a
	member of the municipality's fire department or emergency medical
	services personnel, as defined by Section 773.003, Health and
	Safety Code, [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 or emergency medical
	services provider [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 or emergency medical services provider
	[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 or emergency medical services provider [employee].
	SECTION 8.  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 9.  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 10.  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 11.  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
	in a professional law enforcement or firefighting capacity, or
	serves 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 12.  The following provision is repealed:
	(1)  Section 22.001, Education Code.
	SECTION 13.  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 14.  This Act takes effect September 1, 2015.