H.B. No. 985

	AN ACT
	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 985 was passed by the House on April
	30, 2019, by the following vote:  Yeas 93, Nays 54, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 985 was passed by the Senate on May
	16, 2019, by the following vote:  Yeas 19, Nays 12.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor