bill widening the union project agreement rule on public works

The text as introduced · 490 words

89R1745 MCK-F

By: Hefner
H.B. No. 1951

A BILL TO BE ENTITLED

AN ACT

relating to certain agreements with collective bargaining

organizations related to certain publicly funded public work

contracts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.7761(b), Education Code, is amended

to read as follows:

(b) An institution awarding a public work contract funded

wholly or partly with state or local governmental money or

governmentally administered financial assistance , including the

issuance of debt guaranteed by this state or a local governmental

entity, money from ratepayers, or money from user fees , may not:

(1) prohibit, require, discourage, or encourage a

person bidding on the public work contract, including a contractor

or subcontractor, from entering into or adhering to an agreement

with a collective bargaining organization relating to the project;

or

(2) discriminate against a person described by

Subdivision (1) based on the person's involvement in the agreement,

including the person's:

(A) status or lack of status as a party to the

agreement; or

(B) willingness or refusal to enter into the

agreement.

SECTION 2. Section 2269.0541(a), Government Code, is

amended to read as follows:

(a) A governmental entity awarding a public work contract

funded wholly or partly with state or local governmental money or

governmentally administered financial assistance , including the

issuance of debt guaranteed by this state or a local governmental

entity, money from ratepayers, or money from user fees , may not:

(1) prohibit, require, discourage, or encourage a

person bidding on the public work contract, including a contractor

or subcontractor, from entering into or adhering to an agreement

with a collective bargaining organization relating to the project;

or

(2) discriminate against a person described by

Subdivision (1) based on the person's involvement in the agreement,

including the person's:

(A) status or lack of status as a party to the

agreement; or

(B) willingness or refusal to enter into the

agreement.

SECTION 3. The changes made by this Act to Section 51.7761,

Education Code, and Section 2269.0541, Government Code, apply only

to a public work contract for which an invitation for offers,

request for proposals, request for qualifications, or other similar

solicitation is first published or distributed on or after the

effective date of this Act. A public work contract for which an

invitation for offers, request for proposals, request for

qualifications, or other similar solicitation is first published or

distributed before the effective date of this Act is governed by the

law in effect at the time the invitation, request, or other

solicitation is published or distributed, and the former law is

continued in effect for that purpose.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.