Bill Text: TX SB473 | 2019-2020 | 86th Legislature | Introduced
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 1-0)
Status: (Introduced - Dead) 2019-02-14 - Referred to Business & Commerce [SB473 Detail]
Download: Texas-2019-SB473-Introduced.html
| 86R4243 MCK-F | ||
| By: Hancock | S.B. No. 473 | |
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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 awarding a public work contract funded | ||
| with state money, including the issuance of debt guaranteed by this | ||
| 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 2269, Government Code, is | ||
| amended by adding Section 2269.0541 to read as follows: | ||
| Sec. 2269.0541. 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 this 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 51.7761, Education Code, and Section | ||
| 2269.0541, Government 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, 2019. | ||
