Capriglione Bill Reroutes School Payroll Deductions To A State Contractor

The text as introduced · 1,612 words

By: Capriglione
H.B. No. 5019

A BILL TO BE ENTITLED

AN ACT

relating to school district contracts with certain organizations

and payroll deductions for school district employees.

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

SECTION 1. Section 11.159, Education Code, is amended by

adding Subsection (f) to read as follows:

(f) Any person, entity, or other provider offering training

under this section must have the training approved by the agency,

including approval of the content of the training, when the

training is provided, the manner the training is provided, and the

place the training is provided. The agency may not approve the

provision of training:

(1) at a meeting of a professional organization as

defined by Section 21.0001;

(2) by an association that primarily represents

political subdivisions of the state, which includes a person,

agent, or other entity affiliated or acting in coordination with

the association; or

(3) by a person, entity, or other provider of training

that engages in electioneering, political or issue advocacy.

(g) The agency shall provide an appeal process for a

determination under Subsection (f).

SECTION 2. Subchapter B, Chapter 21, Education Code, is

amended by adding Section 21.0544 to read as follows:

Sec. 21.0544. PROHIBITED CONTINUING EDUCATION CREDITS. No

training that counts towards continuing education under this

subchapter may include electioneering, political advocacy, or

issue advocacy or be provided in connection with an event that

includes electioneering, political advocacy, or issue advocacy.

SECTION 3. Subchapter A, Chapter 22, Education Code, is

amended by adding Sections 22.0001 to read as follows:

Sec. 22.0001. DEFINITIONS. In this subchapter

"Professional organization" means an organization, association,

union, or other advocacy group in which school district employees

participate and that exists, in whole or in part, to deal with one

or more public employers concerning grievances, labor disputes, or

conditions of employment affecting school district employees and

whose members pay fees or dues.

SECTION 4. This section takes effect for the 2026-2027

school year. The heading to Section 22.001, Education Code, is

amended to read as follows:

Sec. 22.001. SALARY DEDUCTIONS FOR STATE-SUPPORTED

EMPLOYEE SUPPORTS [ PROFESSIONAL DUES ].

SECTION 5. This section takes effect for the 2026-2027

school year. Section 22.001, Education Code, is amended by

amending Subsections (a) and (b) and adding Subsection (d) to read

as follows:

(a) A school district employee is entitled to have an amount

deducted from the employee's salary for [ membership ] fees [ or dues ]

to an entity providing services to school employees, including

classroom teachers, under Section 22.0011 [ a professional

organization ]. The employee must:

(1) file with the district a signed written request

identifying the entity [ organization and specifying the number of

pay periods per year the deductions are to be made ]; and

(2) inform the district of the total amount of the fees

[ and dues ] for each year or have the entity [ organization ] notify

the district of the amount.

(b) The district shall deduct the total amount of the fees

[ or dues ] for a year in equal amounts per pay period [ for the number

of periods specified by the employee ]. The district shall notify

the employee not later than the 45th day after the district receives

a request under Subsection (a) of the number of pay periods annually

from which the district will deduct the fees . The deductions shall

be made until the employee requests in writing that the deductions

be discontinued.

(d) For any employee with a payroll deduction during the

2025-2026 school year under this section as it existed on September

1, 2024 for dues or fees to a professional organization, the school

district shall automatically make a deduction for the 2026-2027

school year under this section for purposes of fees for the entity

under Section 22.0011 until the employee provides written notice to

discontinue the deduction. The school district shall provide

notice to employees prior to the beginning of the 2026-2027 school

year of the changes under this section for the 2026-2027 school year

and that previously exercised deductions will continue but with

enrollment in the entity under Section 22.0011 unless the employee

provides written notice to the district to cease deductions. The

agency may provide a model notice form for the notice under this

section. This section expires September 1, 2028.

SECTION 6. Subchapter A, Chapter 22, Education Code, is

amended by adding Section 22.0011 to read as follows:

Sec. 22.0011. RESOURCES, INCLUDING LIABILITY INSURANCE,

FOR SCHOOL EMPLOYEES. (a) From funds appropriated or otherwise

available for the purpose, the agency shall contract with one or

more third parties to provide the following services for school

employees, including classroom teachers employed under a

probationary, continuing, or term contract:

(1) assistance in understanding the employee's rights,

duties, and benefits; and

(2) liability insurance to protect a school employee

against liability to a third party based on conduct that the

employee allegedly engaged in during the course of the employee's

duties.

(b) A school district may not interfere with a school

employee's access to services provided under this section.

(c) A contract entered into by the agency to provide

services under Subsection (a) must prohibit the entity with which

the agency contracts from using funds received under the contract

to engage in:

(1) electioneering or services supportive of

electioneering;

(2) political advertising;

(3) conduct that a state agency using appropriated

money is prohibited from engaging in under Chapter 556, Government

Code; and

(4) political activities or advocacy addressing

issues regarding public schools, including for boards of trustees

of school districts or school districts.

(d) This section may not be interpreted to interfere with a

school district employee's exercise of a right protected by the

First Amendment to the United States Constitution or Section 27,

Article I, of the Texas Constitution.

(e) The third party may charge a fee to employees for

participation.

(f) A school district shall share information with the third

party provider.

SECTION 7. Subchapter A, Chapter 22, Education Code, is

amended by adding Section 22.0012 to read as follows:

Sec. 22.0012. PROHIBITION ON COLLECTION OF PROFESSIONAL

ORGANIZATION DUES. A school district 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 professional organization

or association that is not established or managed by a governmental

entity.

SECTION 8. Subchapter B, Chapter 44, Education Code, is

amended by adding Sec. 44.0314 to read as follows:

Sec. 44.0314. PROHIBITED PURCHASING COOPERATIVES. (a) In

this section:

(1) a "prohibited organization" means an entity that:

(A) is a non-profit association or organization;

(B) represents political subdivisions of the

state in a private or contracted capacity; and

(C) employs, contracts with, or receives

services directly or indirectly from an individual required to

register as a lobbyist under Chapter 305, Government Code.

(2) An "affiliate entity" is an entity that directly,

or indirectly through one or more intermediaries, controls or is

controlled by, or is in common control with, a prohibited

organization.

(3) The definitions in this section do not include the

State of Texas or its agencies and instrumentalities, including the

comptroller of public accounts, the Texas treasury safekeeping

trust company, or a local government investment pool that is

operated by or overseen by the comptroller or the Texas treasury

safekeeping trust company.

(b) The agency shall maintain a list of prohibited

organizations who either directly or through their affiliate are

involved in purchasing cooperatives or investment pools. The

agency shall make available the list of prohibited organizations on

its website.

(c) A purchase of goods or services made through a

purchasing cooperative under Chapter 791, Government Code, is made

in violation of this section if the organization that oversees,

administers, advises, or otherwise supports the purchasing

cooperative is a prohibited organization or an affiliate of a

prohibited organization.

SECTION 9. Subchapter E, Chapter 45, Education Code, is

amended by adding Sec. 45.114 to read as follows:

Sec. 45.114. INVESTMENT POOLS. (a) A school district may

not invest its funds or funds under its control in an investment

pool under Section 2256.016, Government Code, that is overseen,

administered, advised, or otherwise supported by a prohibited

organization or an affiliate of a prohibited organization as those

terms are defined by Section 44.0314.

(c) Notwithstanding Section 2256.017, for any funds held in

an investment pool managed by a prohibited organization under Sec.

44.0314, Education Code, the school district shall develop a plan

to transfer the assets and publish the plan, and any updates, on its

public website. Such transfer plans shall include, at a minimum:

(1) a specific timeline of actions to complete the

transition;

(2) the roles and responsibilities of the school

district and any prohibited organization or affiliate of a

prohibited organization to execute the transition; and

(3) provisions for the safeguarding of confidential

information.

(d) The school district transfer plan must be approved by

the board of trustees of the applicable independent school district

and must be completed by September 1, 2026.

(e) Subsections (c), (d), and this subsection expire

September 1, 2031.

SECTION 10. A school district shall continue deductions of

fees or dues under Section 22.001 as it existed on September 1, 2024

until the required deductions for the 2025-2026 school year are

complete.

SECTION 11. 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. Except as provided

elsewhere this act applies beginning with the 2025-2026 school

year.