HB5019 - Relating to school district contracts with certain organizations and payroll deductions for school district employees.

      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 [Text truncated for display. Full text available on Congress.gov.]