Bill Text: TX HB1548 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2013-05-07 - Left pending in committee [HB1548 Detail]
Download: Texas-2013-HB1548-Comm_Sub.html
83R2669 MCK-F | ||
By: Callegari, Parker | H.B. No. 1548 |
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relating to the effect of certain agreements with a collective | ||
bargaining organization on certain state-funded public work | ||
contracts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter T, Chapter 51, Education Code, is | ||
amended by adding Section 51.7761 to read as follows: | ||
Sec. 51.7761. AGREEMENT WITH COLLECTIVE BARGAINING | ||
ORGANIZATION. (a) In this section, "public work contract" means a | ||
contract for constructing, altering, or repairing a public building | ||
or carrying out or completing any public work. | ||
(b) An institution of higher education awarding a public | ||
work contract funded with state money, including the issuance of | ||
debt guaranteed by the state, 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. | ||
(c) This section may not be construed to: | ||
(1) prohibit activity protected by the National Labor | ||
Relations Act (29 U.S.C. Section 151 et seq.), including entering | ||
into an agreement with a collective bargaining organization | ||
relating to the project; or | ||
(2) permit conduct prohibited under the National Labor | ||
Relations Act (29 U.S.C. Section 151 et seq.). | ||
SECTION 2. Subchapter B, Chapter 2267, Government Code, as | ||
added by Chapter 1129 (H.B. No. 628), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended by adding Section 2267.0541 to | ||
read as follows: | ||
Sec. 2267.0541. AGREEMENT WITH COLLECTIVE BARGAINING | ||
ORGANIZATION. (a) A governmental entity awarding a public work | ||
contract funded with state money, including the issuance of debt | ||
guaranteed by the state, 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. | ||
(b) This section may not be construed to: | ||
(1) prohibit activity protected by the National Labor | ||
Relations Act (29 U.S.C. Section 151 et seq.), including entering | ||
into an agreement with a collective bargaining organization | ||
relating to the project; or | ||
(2) permit conduct prohibited under the National Labor | ||
Relations Act (29 U.S.C. Section 151 et seq.). | ||
SECTION 3. Section 2267.0541, Government Code, and Section | ||
51.7761, Education Code, as added by this Act, 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, 2013. |