SB925 - Relating to certain agreements with collective bargaining organizations related to certain publicly funded public work contracts.

      By: Hancock S.B. No. 925     A BILL TO BE ENTITLED   AN ACT   relating to certain agreements with collective bargaining   organizations related to certain publicly funded public work   contracts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 51.7761(a) and (b), Education Code, are   amended to read as follows:          (a)  In this section :                 (1)     "Collective bargaining organization" means any   group, association, or entity, including a labor union, that   represents employees in negotiations with an employer concerning   wages, hours, working conditions, or other terms of employment.                 (2)     "Federal match program" means a cooperative   agreement between a federal agency and a state or local   governmental entity in which the federal government provides funds   contingent on the state or local governmental entity providing   funds.                   (3)     "Governmentally administered financial   assistance" means financial assistance administered by a state or   local governmental entity in cooperation with a federal program   requiring the state or local governmental entity to contribute   funds to match or complement federal financial resources for the   purpose of implementing public projects, including infrastructure,   transportation, or other government supported initiatives.                   (4)  "Public [ , "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 ,   wholly or partly, with state , local governmental, or federal  money,   including money provided through a federal match program,   governmentally administered financial assistance, or the issuance   of debt guaranteed by this state or a local governmental entity ,   with money from ratepayers, or with money from user fees 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)   give preference to or 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.          SECTION 2.  Section 2269.0541, Government Code, is amended   by amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)   In this section:                 (1)     "Collective bargaining organization" means any   group, association, or entity, including a labor union, that   represents employees in negotiations with an employer concerning   wages, hours, working conditions, or other terms of employment.                 (2)     "Federal match program" means a cooperative   agreement between a federal agency and a state or local   governmental entity in which the federal government provides funds   contingent on the state or local governmental entity providing   funds.                   (3)     "Governmentally administered financial   assistance" means financial assistance administered by a state or   local governmental entity in cooperation with a federal program   requiring the state or local governmental entity to contribute   funds to match or complement federal financial resources for the   purpose of implementing public projects, including infrastructure,   transportation, or other government supported initiatives.             (a-1)   A governmental entity awarding a public work contract   funded , wholly or partly, with state , local governmental, or   federal money, including money provided through a federal match   program, governmentally administered financial assistance, or the   issuance of debt guaranteed by this state or a local governmental   entity , with money from ratepayers, or with money from user fees 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)   give preference to or 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.          SECTION 3.  The changes made by this Act to Section 51.7761,   Education Code, and Section 2269.0541, Government Code, 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 September 1, 2025.