Tepper Bill Ends Paycheck Union Dues, Spares Police And Fire

The text as introduced · 1,404 words

By: Tepper
H.B. No. 4525

A BILL TO BE ENTITLED

AN ACT

relating to payroll deductions for certain state and local

government employee organizations.

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 ELIGIBLE STATE

EMPLOYEE ORGANIZATION.

SECTION 2. Section 403.0165(l)(1), Government Code, is

amended to read as follows:

(1) "Eligible state employee organization" means a

state employee organization :

(A) with a membership that consists exclusively

of individuals who are:

(i) peace officers, as defined by Article

2A.001, Code of Criminal Procedure;

(ii) fire protection personnel, as defined

by Section 419.021 of this code; or

(iii) emergency medical services

personnel, as defined by Section 773.003, Health and Safety Code;

(B) [ 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

(C) that the comptroller has certified under this

article.

SECTION 3. The heading to Chapter 617, Government Code, is

amended to read as follows:

CHAPTER 617. COLLECTIVE BARGAINING, [ AND ] STRIKES , AND PAYROLL

DEDUCTIONS

SECTION 4. 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; EXCEPTIONS. (a) Except as otherwise provided

by this section, the state or a political subdivision of the state

may not deduct, withhold, or transfer from an employee's salary or

wages payment of dues or membership fees to a labor organization or

other similar organization, 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, 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 5. Section 659.1031(b), Government Code, is amended

to read as follows:

(b) In this section, "eligible state employee organization"

has the meaning assigned by Section 403.0165(l) and includes

[ means ] a state employee organization with a membership of at least

2,000 active or retired state employees who hold or who have held

certification from the Texas Commission on Law Enforcement.

SECTION 6. The heading to Section 141.008, Local Government

Code, is amended to read as follows:

Sec. 141.008. PAYROLL DEDUCTIONS FOR CERTAIN MUNICIPAL

POLICE OFFICERS, FIRE PROTECTION PERSONNEL, AND EMERGENCY MEDICAL

SERVICES PERSONNEL [ IN CERTAIN MUNICIPALITIES ].

SECTION 7. 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 municipal employees who

are:

(1) peace officers, as defined by Article 2A.001, Code

of Criminal Procedure;

(2) fire protection personnel, as defined by Section

419.021, Government Code; or

(3) 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 the monthly salary or wages of a

municipal employee to which this section applies [ 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

2A.001, 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 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, as defined by Section 617.001, Government

Code, or any 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, Local Government Code, is

amended to read as follows:

Sec. 155.001. DEDUCTIONS AUTHORIZED IN COUNTIES;

PURPOSES. (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;

(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 Section

617.006, Government Code .

(b) In this section :

(1) "Bona fide employees association" means an

employees association whose membership consists exclusively of:

(A) peace officers, as defined by Article 2A.001,

Code of Criminal Procedure;

(B) fire protection personnel, as defined by

Section 419.021, Government Code; or

(C) emergency medical services personnel, as

defined by Section 773.003, Health and Safety Code.

(2) "Charitable [ , "charitable ] organization" has the

meaning assigned by Section 659.131, Government Code.

SECTION 12. Section 155.003(b), Local Government Code, is

amended to read as follows:

(b) The credit union[ , labor union, ] or bona fide employees

association for whose benefit a deduction is made shall pay any

administrative costs for making the deduction. The commissioners

court shall determine the amount of the administrative costs.

SECTION 13. The following provisions are repealed:

(1) Section 22.001, Education Code; and

(2) Section 403.0165(k), Government Code.

SECTION 14. This Act takes effect September 1, 2025.