By: Huffman, et al.  S.B. No. 13          (In the Senate - Filed December 16, 2016; January 24, 2017,   read first time and referred to Committee on State Affairs;   February 21, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 6, Nays 2;   February 21, 2017, sent to printer.)Click here to see the committee vote    COMMITTEE SUBSTITUTE FOR S.B. No. 13 By:  Birdwell     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 Subsection (b), 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 apply to deductions or   withholdings by:                (1)  a state agency under Section 403.0165 or 659.1031;   or                (2)  a political subdivision:                      (A)  under Section 141.008 or 155.001(a)(2),   Local Government Code; or                       (B)  under the terms of an agreement entered into   under:                            (i)  Subchapter B or C, Chapter 142, Local   Government Code; or                             (ii)  Chapter 174, Local Government Code.           (c)  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.          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.     * * * * *