Right to Work States: Texas 

TEXAS

Texas Labor Code, Title 3. Employer-Employee Relations, Chapter 101. Labor Organizations

Texas Codes Ann. Title 3 §§ 101.003, 004, 052, 053, 102, 111, 121, 122, 123, 124

§ 101.003. Right to Bargain

A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not be denied or infringed by law or by any organization. (Enacted 1993.)

§ 101.004. Contract for Withholding Union Dues from Employee's Compensation Void Without Employee's Consent

A contract that permits or requires the retention of part of an employee's compensation to pay dues or assessments on the employee's part to a labor union is void unless the employee delivers to the employer the employee's written consent to the retention of those sums. (Enacted 1993.)

§ 101.052. Denial of Employment Based on Labor Union Membership Prohibited

A person may not be denied employment based on membership or nonmembership in a labor union. (Enacted 1993.)

§ 101.053. Contract Requiring or Prohibiting Labor Union Membership Void

A contract is void if it requires that, to work for an employer, employees or applicants for employment:

(1) must be or may not be members of a labor union; or

(2) must remain or may not remain members of a labor union. (Enacted 1993.)

§ 101.102. Legislative Findings; Policy

(a) The legislature finds that because the activities of labor unions affect the economic conditions of the country and the state by entering into almost all business and industrial enterprises, labor unions affect the public interest and are charged with a public use.

(b) Workers must be protected without regard to whether they are unionized. The right to work is the right to live.

(c) The policy of this state, in the exercise of its sovereign constitutional police power, is to regulate the activities and affairs of labor unions and officers, agents, organizers, and representatives of labor unions, as provided in this subchapter. (Enacted 1993)

§ 101.111. Fee for Privilege to Work Prohibited

(a) A labor union, a labor organizer, or an officer, member, agent, or representative of a labor union may not collect, receive, or demand, directly or indirectly, a fee as a work permit or as a condition for the privilege to work from a person who is not a member of the union.

(b) Subsection (a) does not prevent the collection of an initiation fee as provided by Section 101.113. (Enacted 1993.)

§ 101.121. Civil Penalty

A labor union that violates a provision of this subchapter is liable for a civil penalty not to exceed $1,000 for each violation. The civil penalty may be recovered in the name of the state, acting through an enforcement officer, in a court of competent jurisdiction.

§ 101.122. Enforcement by Civil Process

(a) A district court on the application of the state acting through an enforcement officer, to issue a restraining order, a temporary or permanent in junction, or any other writ of process appropriate to enforce this subchapter.

(b) A proceeding under Subsection (a) shall be instituted, prosecuted and tried in the same manner as another civil case of a similar nature in the district court. (Enacted 1993.)

§ 101.123. Offense; Penalty

(a) A labor
union officer or a labor organizer commits an offense if the person violates a provision of this subchapter.

(b) An offense under this section is a misdemeanor punishable by:

(1) a fine of not more than
$500;

(2) confinement in the county jail for not more than 60 days; or

(3) both the fine and confinement. (Enacted 1993.)

§ 101.124. Enforcement officers

The attorney general, and each district attorney and county attorney, within the attorney's respective jurisdiction, shall;

(1) prosecute all criminal proceedings under this subchapter; and

(2) institute and maintain all civil proceedings under this subchapter. (Enacted 1993.)

SUBCHAPTER G. INTERFERENCE WITH RIGHT TO WORK

§ 101.301. Interference With Right to Work; Liability

(a) The right of a person to work may not be denied or abridged because of membership or nonmembership in a labor union or other labor organization.

(b) In the exercise of the right to work, each person shall be free from threats, force, intimidation, or coercion.

(c) A person who violates this subchapter is liable to a person who suffers from that violation for all resulting damages. (Enacted 1995.)

§ 101.302. Injunctive Relief

(a) The attorney general or a district or county attorney may bring an action in district court to enjoin a violation of this subchapter.

(b) The district courts shall grant injunctive relief when a violation of this subchapter is made apparent.
(Enacted 1995.)

§ 101.303. Assignment of District Judgee

Not later than the second day after the receipt of notice of institution of a cause of action under this subchapter, a party to the cause of action may apply to the presiding judge of the administrative judicial region within which the action is brought. The presiding judge shall immediately assign a district judge from within the administrative judicial region who shall hear all proceedings in the cause of action. (Enacted 1995.)

Texas Government Code, Title 6. Public Officers and Employees, Subtitle A. Provisions Generally Applicable to Public Officers and Employees

CHAPTER 617. COLLECTIVE BARGAINING AND STRIKES

§ 617.001. Definition

In this chapter, “labor organization” means any organization in which employees participate and that exists in whole or in part to deal with one or more employers concerning grievances, labor disputes, wages, hours of employment, or working conditions. (Enacted 1993.)

§ 617.004. Right to Work

An individual may not be denied public employment because of the individual's membership or nonmembership in a labor organization. (Enacted 1993.)

 

 

 

 


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