Category Archives: Payroll deduction

Texas Senate to hear multiple education bills this weekend. Call your senator!

Just after midnight, the Texas Senate approved its version of a sunset bill to keep the Texas Medical Board that licenses doctors from being shut down this year. As reported by ATPE Lobbyist Mark Wiggins yesterday, the must-pass sunset legislation is what necessitated the current special session, during which Gov. Greg Abbott is asking lawmakers to pass a number of controversial measures that did not survive the regular session earlier this year. With his initial announcement of the special session starting July 18, the governor said he would not expand the special session call to include other topics until after the Senate had approved the medical board’s sunset legislation.

This morning, Gov. Abbott officially expanded the agenda for the special session immediately after the Senate’s overnight vote, adding his call for bills to increase teacher pay, fund private school vouchers, ban teachers from using payroll deduction for their association dues, and more. View the newly amended special session call in its entirety here.

One new addition to the governor’s agenda is a plea for additional funding for TRS-Care, which is integrated into the item relating to teacher pay and benefits. ATPE and other education advocates appreciated the addition, reflecting that legislators are hearing the complaints of retired educators about their healthcare plans becoming less and less affordable. We also appreciate the lawmakers who have filed bills this special session to address educators’ rising healthcare costs. Click here to read ATPE’s press statement about today’s development to expand the special session scope.

With an expanded call, the Senate is wasting no time in trying to pass several of the governor’s favored bills, including several that are unfavorable for public education. Senators will work throughout the weekend with the following public hearings now scheduled, among others:

Friday, July 21: Bathrooms, Vouchers, and School Finance

Starting at 9 a.m. Friday, the Senate Committee on State Affairs will hear Senate Bill (SB) 3 and SB 91, both by Sen. Lois Kolkhorst targeting bathroom usage policies by school districts.

17_web_AdvocacyCentral_RotatorImages_ATC_1217-49_StopVouchersAt 10 a.m., the Senate Education Committee will consider Senate Bill (SB) 2 by Sen. Larry Taylor to fund private school vouchers for students with special needs. SB 2 also provides grants for public school districts losing money under the state’s school finance system, but only if legislators agree to allow harmful vouchers. ATPE is urging our members to contact members of the committee and express opposition to the vouchers proposed in this bill. Visit Advocacy Central to learn more and find contact information for the committee.

The Senate Education Committee will also hear SB 16 by Sen. Larry Taylor calling for the creation of a commission to study school finance over the next two years.

Saturday, July 22: Property Taxes, Teacher Pay, and TRS-Care

The Senate Finance Committee will meet Saturday at 1 p.m. to hear SB 9 by Sen. Kelly Hancock to limit state spending, along with SB 19 by Sen. Jane Nelson pertaining to teacher salaries and retired educators’ healthcare costs. Nelson’s bill contains part of the lieutenant governor’s proposal to provide bonuses to experienced classroom teachers. SB 19 calls for deferring state payments to health care entities in 2018 in order to fund a one-time bonus for teachers who have at least six years of experience. The bill would also send an additional one-time payment of $212 million to TRS-Care, but there is no provision in the bill for long-term funding after this biennium. SB 19 also calls for school districts to increase their overall budgets for teacher pay by $1,000 per teacher, but the bill does not provide a funding source and does not ensure that all teachers will receive a pay raise as a result.

ATPE believes that educators deserve increased compensation and benefits, but we oppose unfunded mandates that will place additional burdens on school districts and force many of them to cut other areas of their budgets or lay off staff. We believe the legislature should spend more time developing plans for long-term investments to raise teacher pay beyond a one-time bonus, ways to shore up the TRS healthcare programs, and adequate state funding that will alleviate the pressure on school districts and local taxpayers.

Sunday, July 23: Payroll Deduction and Reallocating Lottery Money for Education

In a rare Sunday committee hearing set for 2 p.m., the Senate Committee on Business and Commerce will hear two bills by Sen. Bryan Hughes to eliminate educators’ right to use payroll deduction for their voluntary association dues payments. Characterized misleadingly by the governor and others as “anti-union” legislation, SB 7 and SB 94 are actually anti-educator bills that would punish school employees while carving out an exemption for police officers, firefighters, and EMS workers to continue having their paychecks deducted for labor union dues. The bills are nearly identical to Sen. Joan Huffman’s SB 13 that was considered during the regular legislative session.

17_web_AdvocacyCentral_RotatorImages_ATC_1217-49_StopAttacksATPE is urging its members to contact the Senate Business and Commerce committee and express opposition to these two discriminatory, politically motivated, and completely unnecessary bills aimed at restricting how educators spend their own money. Visit ATPE’s Advocacy Central for additional information and quick contact tools.

The Senate Education Committee will also meet again Sunday at 4 p.m. to hear two bills relating to use of the state lottery proceeds. SB 97 by Sen. Charles Perry and SJR 1 by Sen. Konni Burton call for a constitutional amendment to force a portion of the lottery money that already goes to public education to be dedicated for teacher salary increases and bonuses.


The above hearings on education-related bills are only a fraction of the committee meetings taking place this weekend. Senators are also expediting hearings this weekend on bills pertaining to abortion, voter fraud, local regulations, and other items on the governor’s wish list for the special session. It will be a busy weekend with Senate floor action anticipated early next week. Democrats in the Senate who oppose many of the controversial issues on the governor’s call have tried in vain to prevent the Republican majority from speeding these bills through the process by the suspension of rules. Senators such as Sen. Jose Rodriguez have argued that they and members of the public are not being given sufficient notice of hearings and time to review the proposed legislation, but their arguments have been ignored.

Meanwhile, the House has also been working its medical board sunset bills through the legislative process and referring other bills to committees. The House Public Education Committee is expected to meet next week to discuss school finance legislation. The governor’s current call for the special session only prescribes legislation to study school finance before the next legislative session, but allows for other bills related to school finance, including those dealing with Additional State Aid for Tax Reduction (ASATR). House leaders remain hopeful that some meaningful school finance reform and assistance for struggling school districts will come out of this special session.

Please be sure to visit Advocacy Central to stay in touch with your legislators during these critical hearings, and follow @TeachtheVote on Twitter for the latest developments from the ATPE lobby team.

Teach the Vote’s Week in Review: March 31, 2017

Wrapping up a full week at the Texas State Capitol, here are stories from ATPE that you might have missed while you were STAAR testing:


Two major pieces of anti-public education legislation hit the Senate floor this week. First, the Senate passed Senate Bill (SB) 13 by Sen. Joan Huffman (R-Houston), an anti-educator bill that prevents school district employees from using payroll deduction for their association dues at no cost to taxpayers. ATPE Governmental Relations Director provided a summary of Wednesday’s debate of the bill on second reading, during which a number of Democratic senators questioned the author’s decision to exempt “first responders” from the punitive bill and tried unsuccessfully to expand that exemption to cover educators, too.

The lively debate highlighted ATPE’s advocacy against the bill before senators voted on party lines to approve the measure, ironically just hours after take time to honor retired teachers visiting the Senate that day. Those voting for the anti-educator SB 13 were Sens. Bettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes, Hall, Hancock, Huffines, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Perry, Schwertner, Seliger, Larry Taylor, and Van Taylor. Those voting against SB 13 were Sens. Garcia, Hinojosa, Lucio, Menendez, Miles, Rodriguez, Uresti, Watson, West, Whitmire, and Zaffirini.

Portrait of a young man with tape on mouth over colored backgroundThe Senate was back in session yesterday evening to take a final vote on SB 13, again along party lines with 20 Republican senators voting to send SB 13 to the House and 11 Democratic senators voting against the bill. It was another opportunity, though, for some Democrats in the Senate to ask why teachers were being picked on with SB 13 and why business groups in the private sector like NFIB should care about how public employees spend their paychecks. Sen. Eddie Lucio, Jr. called the legislation “a show of disrespect” toward hard-working teachers. Sen. Royce West pointed out the highly partisan motives behind the bill, and Sen. Kirk Watson stated that it was wrong for lawmakers to try to silence certain groups and not others simply because you disagree with their message. Sen. John Whitmire warned his Senate colleagues of the bill’s “intended consequences” of silencing only those politically active groups who are deemed to be working against Senate Republicans’ legislative priorities this session. But Whitmire also warned of some unintended fallout during the next election cycle, observing that many educators do tend to vote in Republican primaries and saying, “You’ve awakened a sleeping giant.”

Thursday’s floor action in the Senate also brought up a high-profile voucher bill, SB 3 by Sen. Larry Taylor (R-Friendswood), which has been deemed on of Lt. Gov. Dan Patrick’s top three priorities this session. The bill’s author presented a brand new version of the bill on the floor, designed to limit the availability of the vouchers to larger urban and suburban counties. The changes were designed to lower the bill’s very high cost and garner support from a few rural Republican senators who had been objecting to SB 3.

The new voucher bill ultimately passed yesterday on an 18 to 13 vote. Sen. Eddie Lucio, Jr. was the lone Democratic senator to vote for the bill. All other Democrats voted against SB 3, joined by Republican Sens. Robert Nichols, Kel Seliger, and Joan Huffman. (Although Huffman voted against the bill, she earlier joined with Republicans in voting to suspend the rules to allow the voucher bill to be heard on the floor.) For more on the voucher bill that passed the Senate and is headed next to the House, read this story from The Texas Tribune republished here on our blog about SB 3.

 


While the Senate was focusing its attention on questionable “priorities” of the lieutenant governor that would harm public education, the House Public Education Committee was attempting to find solutions to real problems, such as improving the state’s malfunctioning school finance system. As ATPE Lobbyist Mark Wiggins reported on our blog, the committee passed Chairman Dan Huberty’s (R-Kingwood) school finance measure, House Bill 21, by a vote of 10 to one on Tuesday. The committee also heard a number of bills relating to charter schools this week and resumed discussion of Huberty’s HB 23 aimed at improving the A-through-F accountability system. Next week, the committee plans to consider bills dealing with health and safety, as well as special education.

The committee’s Subcommittee on Educator Quality also met this week for further discussions of bills dealing with improper relationships between teachers and students. Again, Mark Wiggins has a blog post with details on Monday’s hearing.

 


Stack of $100 billsThe Texas House and Senate continue to take differing approaches on the state budget. As ATPE Lobbyist Monty Exter reports, the full Senate took up Senate Bill 1 (SB1), the Senate’s budget bill, this Tuesday, March 28, for second and third reading. After offering no amendments, the Senate passed SB1 unanimously. The bill was then sent to and received by the house later that day where it was read for the first time on the House floor and referred to the House Appropriations Committee.

House Appropriations took up House Bill 1 (HB1), the House budget, and House Bill 2 (HB2), the House supplemental appropriations bill, on Wednesday, March 29. Chairman Zerwas laid out SB1 in lieu of HB1 and then substituted the language in SB1 with the language in HB1, plus some of the language that was originally in HB2, essentially making SB1 the House Bill with the Senate’s caption. The committee then voted unanimously to send SB1, as substituted, and HB2 to the full House for consideration.

Yesterday, March 30, House Calendars Committee Chairman Todd Hunter adopted a calendar rule on the House floor that impacts SB1, which will be considered by the full House next Thursday, April 6. The rule, which was adopted, does two things. One, it memorializes the House rule requiring a 72-hour layout for any amendment to a general appropriations bill. This means that any amendment to the budget will have to be filed with the House Clerk’s office by 10 a.m. Monday, April 3, or be subject to a challenge. Second, the rule requires that any amendment to the budget that proposes additional spending in one area must cut an equivalent or greater amount of spending from another area of the budget. This means that the overall amount of the budget cannot increase on the House floor without support of the supermajority required to suspend the calendar rule.

Follow @TeachTheVote or individual ATPE lobbyists on Twitter next Thursday for live updates on the budget as they occur from the floor of the Texas House.


tea-logo-header-2The Texas Education Agency (TEA) announced this week the availability of 2016 Snapshot: School District Profiles on its website. The online resource annually compiles characteristics of every school district and charter school in Texas. View the data here.

 


The Senate Education Committee also met yesterday, hearing bills pertaining to virtual schools, special education, and the scheduling of teacher work days. ATPE Lobbyist Kate Kuhlmann provided this blog update with full details on the hearing.

 


 

Senate approves anti-educator SB 13 on party line vote

On Wednesday, March 29, the full Texas Senate took up Senate Bill (SB) 13 by Sen. Joan Huffman (R-Houston) to prohibit educators and a few other groups of public employees from using payroll deduction for their voluntary association dues. The ATPE-opposed bill prompted two hours of robust floor debate before senators voted to approve the bill on second reading by a party line vote of 20 to 11. ATPE thanks those senators who voted against SB 13 and especially those who spoke so eloquently on behalf of the education community during the debate.

SB13_vote_2nd_reading

Eight floor amendments were considered, but the only one added was by the bill’s author, Sen. Huffman, to allow school resource officers to continue to have their association and union dues deducted. As we reported Tuesday, representatives of the law enforcement community took to social media on the eve of the debate complaining that Sen. Huffman had misled them about all law enforcement personnel being exempted from SB 13. As passed out of the Senate State Affairs Committee, the bill would exempt most police, fire, and EMS personnel, but police officers employed by a school district would lose their dues deduction rights. Huffman, who chairs the State Affairs committee, corrected that by adding a floor amendment Wednesday to exempt school resources officers from SB 13, too.

Several Democratic senators filed floor amendments to try to exempt more public employees, such as educators and CPS workers, from the bill so that they could continue to take advantage of the convenience of payroll deduction. ATPE was mentioned several times during the debate, with some senators reading excerpts from a letter that ATPE had sent to all legislators opposing the bill and several references to ATPE members who testified during the committee’s Feb. 13 public hearing. However, Sen. Huffman objected to any expansion of the first responder exemptions in her bill and moved to table each of the amendments. Responding, for example, to an attempt by Sen. Royce West (D-Dallas) to exempt educators from the bill by characterizing them as “first responders,” too, Huffman continued to draw a distinction, arguing that teachers “don’t put their lives on the line” every day when going to work. All floor amendments except Huffman’s own were voted down on the same 20 to 11 party line vote.

TRTA_lobbydayIronically, the Senate’s vote on the anti-educator payroll deduction bill took place only hours after the Senate had recognized retired teachers who were sitting in the gallery and visiting the Capitol for their association’s lobby day yesterday. Many of the senators who spoke about their love for teachers and how much their own lives had been shaped by teachers in public schools were the same senators who only hours later voted for SB 13 in an obvious attempt to weaken the associations that advocate for teachers every day.

Asked about the political motives behind her bill, Sen. Huffman defended her love for teachers and claimed that “lobbyists” and the media were responsible for all of the misleading rhetoric against SB 13. She stated that she hoped educator associations like ATPE would find creative ways to work around the payroll deduction prohibition in the future to accommodate members who are unable to pay their dues in a lump sum or with a credit card or checking account debit. Pressed further by her Democratic colleagues to explain what the policy rationale was for SB 13, Sen. Huffman would merely say that the bill would address “inefficiencies” by getting the government out of the business of collecting dues. Most of the debate centered around Huffman’s controversial decision to exclude certain groups from the bill, apparently based on the nature of their political activities. The author of SB 13 stated multiple times that she was not comfortable allowing public employee groups that “harass employers” to benefit from payroll deduction, but she could not cite a specific example of such harassment.

ThinkstockPhotos-187006771-USCapWith SB 13 being approved on second reading, the Senate will still have to take another vote on the bill for final passage, which would send it next to the Texas House for its consideration. That Senate vote on third reading is likely to take place today, and a similar vote outcome is anticipated. The Senate is also planning to consider SB 3, the lieutenant governor’s high-priority private school voucher bill, on today’s calendar. Stay tuned to Teach the Vote for updates and be sure to follow us on Twitter for real-time developments.

Senate signals intent to vote on divisive voucher and payroll deduction bills

Two bills staunchly opposed by the education community are likely to be heard by the full Texas Senate as early as Wednesday, March 29. The voucher bill, Senate Bill (SB) 3 by Sen. Larry Taylor (R-Friendswood), and Sen. Joan Huffman’s (R-Houston) SB 13, which would eliminate educators’ rights to use payroll deduction for their association dues, both landed on the Senate’s Intent Calendar this week. Under current Senate rules, three-fifths of the senators present must still vote to allow the bills to be debated.

No Vouchers No SB3SB 3 has been identified as one of Lt. Gov. Dan Patrick’s top three priorities for the 85th Legislature. It creates two forms of private school vouchers: a corporate tax credit for funding scholarships to private schools and an Education Savings Account (ESA) program that gives parents public funds to spend on their children’s home or private schooling expenses. ATPE members have long opposed all forms of vouchers for many reasons, not the least of which is the fact that private and home schools are unregulated and would not have to account for how they spend those public tax dollars.

STOP2The payroll deduction bill, SB 13, is also on the lieutenant governor’s broader list of legislative priorities this session. Often referred to by its backers as a bill dealing with “union dues,” the bill primarily targets educators by taking away their right to deduct voluntary association dues payments from their paychecks. ATPE members make up one of the largest groups of public employees negatively affected by the bill, even though ATPE is not affiliated with any national labor unions, exists only in Texas, supports small business and the right to work, and opposes union-favored tactics such as collective bargaining, strikes, and work stoppages. SB 13 specifically carves out exceptions for police officers, firefighters, and EMS workers who use payroll deduction for their dues to associations and even unions that collectively bargain. Those distinctions between classes of public employees have angered many in the education community and even some lawmakers. Educators and other critics of the bill have also disputed false claims that “taxpayer resources” are being spent on the collection of union or association dues, since there is no evidence of any cost to taxpayers resulting from offering school employees the convenience of payroll deduction that is already used for a host of services, purchases, and donations.

Despite the growing opposition to SB 3 and SB 13, the House’s lack of appetite for wasting time on political battles, and the gaping holes in the logic behind these measures, Gov. Greg Abbott has voiced support for both of these pieces of anti-public education legislation.

Reports surfaced today that backers of the voucher bill are planning to introduce substitute language on the Senate floor that will reduce the bill’s hefty fiscal note and attempt to garner support from some rural Republican senators who have voiced concerns about SB 3. Even if the Senate advances the highly controversial bill, leaders in the House have called the voucher legislation “dead.”

Also today, members of the law enforcement community voiced complaints that the anti-educator SB 13 will similarly harm some members of the law enforcement community, too. On Twitter, an advocacy organization representing police officers said that they had been “publicly misled” about the bill’s impact, noting that it will also prevent thousands of school resource officers from deducting their dues payments:

 

ATPE’s positions on these and other bills are guided by the ATPE Legislative Program adopted by ATPE members every year. ATPE members believe that private school voucher legislation like SB 3 is an irresponsible waste of taxpayer resources. This is particularly true now, when public schools have struggled to recover from massive budget cuts in recent years, state appropriations have lagged, and local taxpayers have been forced to bear an unwieldy share of the funding burden for public education through property taxes while the state’s share of the funding has declined steadily. ATPE has opposed SB 13 and similar bills that would take away educators’ payroll deduction rights, especially when other public employees would continue to enjoy those rights. Allowing educators to deduct their association dues results in no additional cost to taxpayers, and the bills are widely regarded as politically motivated efforts to weaken educator associations and lessen their future influence over other types of education legislation, such as voucher bills.

17_web_Spotlight_AdvocacyCentral_1ATPE encourages educators to contact their senators about both SB 3 and SB 13, urging them to oppose these bills. ATPE members can visit Advocacy Central to find contact information for their lawmakers along with quick and easy tools for communicating with them.

Teach the Vote’s Week in Review: Feb. 17, 2017

The weekend is here, and it’s time for your wrap-up of education news from ATPE:

 


FU5A8721_SB13hearing

ATPE members were at the State Capitol Monday morning to express opposition to Senate Bill 13, an anti-educator bill aimed at weakening educator associations by doing away with payroll deduction options for certain public employees who join associations or unions.

This week, the Senate State Affairs Committee approved Senate Bill (SB) 13 by Sen. Joan Huffman (R-Houston), who is also that committee’s chairwoman. The bill aims to prevent educators and a handful of other public employees from using payroll deduction for their voluntary association dues, a longstanding practice that costs taxpayers nothing.

Huffman’s bill carves out a special exemption for fire, police, and EMS employees, allowing them to continuing using payroll deduction for their dues. That decision to favor some public employees over others is not sitting well with many public servants both in and out of the bill, as well as several of the legislators being asked to act upon the issue this session.

FU5A8751_SB13hearingDozens of ATPE members traveled to Austin on Monday, Feb. 13, to attend and testify at the SB 13 hearing. Read more about their testimony in this blog post by ATPE Governmental Relations Director Jennifer Canaday from earlier this week. The pleas by educators and others were not enough to stop the committee from moving the bill forward, which happened yesterday on a party line vote. For more on this high-profile battle over public employee associations and unions, check out today’s column by Ross Ramsey, Executive Editor of the Texas Tribune, which is also republished here on Teach the Vote.

As Ramsey notes, the debate over SB 13 “isn’t about the paychecks. It’s about the politics.” ATPE agrees, and points out that political motives driving this bill aren’t even necessarily union-focused, especially since the bill creates exceptions for some union members. Backers of SB 13 say they are targeting the groups they perceive to be opponents of Republican candidates and supporters of state and federal legislation that would hurt businesses. In reality though, the largest group affected by the bill is ATPE – a non-union entity that exists only in Texas and gets no money from national or out-of-state affiliates. Furthermore, as ATPE members and lobbyists have pointed out in testimony and one-on-one discussions with lawmakers, our organization has not involved itself in business-related legislation and has always made bipartisan contributions to candidates and officeholders through our political action committee, which is not in any way funded with dues dollars.

If, as Ramsey describes it, the SB 13 debate boils down to picking “good eggs and bad eggs,” it is becoming abundantly clear that in the minds of many lawmakers and business groups, educators are the bad eggs.

 


ThinkstockPhotos-162674067-pillsThe 85th Legislature is considering some dramatic changes to healthcare options for educators. ATPE Lobbyist Monty Exter has written an analysis of a bill that would result in a major restructuring of TRS-ActiveCare, the primary healthcare program for actively employed educators in Texas. Read more about Senate Bill 789 and the changes being considered in this blog post.

 


The Texas Education Agency (TEA) wants to hear from educators about potential changes to educator certification, particularly for teachers of early childhood students. We invite educators to take TEA’s survey between now and Feb. 24, especially if you teach in an elementary grade and might be affected by these changes under consideration. Learn more about the background of the issue and find a survey link in ATPE Lobbyist Kate Kuhlmann’s blog post.

 


tea-logo-header-2School districts and charter schools around Texas received notice of their 2016-17 accreditation status from the Texas Education Agency (TEA). Factors that count toward a determination of accreditation status include academic and financial accountability ratings, program effectiveness, and compliance with education laws and rules. Nearly all (98%) of the state’s school districts received a fully “Accredited” status. Nine districts or charters were “Accredited-Warned,” seven received an “Accredited-Probation” status, two were marked as “Not Accredited-Revoked,” and one district is still “Pending.” Learn more from TEA here.

 


Stay tuned to Teach the Vote and follow us on Twitter for updates on legislative developments next week. ATPE members are also urged to visit Advocacy Central to learn more about specific bills and send messages to their lawmakers about priority issues like payroll deduction, private school vouchers, testing, healthcare, and more.

From The Texas Tribune: Analysis: A window into who Texas legislators’ favorite employees are

Lawmakers want to stop deducting dues for union and non-union employee associations from state paychecks — but only for the employees they disagree with. 

Tribune_7C2A4971_jpg_800x1000_q100

State Sen. Joan Huffman, R-Houston, the chairwoman of the Senate State Affairs Committee, listened to testimony during a Sept. 14, 2016, committee meeting. Photo: Marjorie Kamys Cotera

The union dues bill is a great example of the difference between an ideological piece of legislation and a case of lawmakers just picking favorites.

Texas allows state and government employees to deduct the dues for their unions and employee association from their paychecks — an automatic payment that improves collections and retains members for those groups and that saves the employees the trouble of writing checks or sending payments every month. It doesn’t cost the state anything; the groups that benefit pay the processing costs.

The governor had a line about stopping the practice in his state of the state speech a few weeks ago. The lieutenant governor put Sen. Joan Huffman’s legislation against the practice on his list of priorities, giving it a low number — Senate Bill 13 — and a fast ride through the process. The Senate State Affairs Committee voted it out on Thursday. The full Senate will get the next look. Two years ago, similar legislation passed in the Senate and then died in the House at the end of session.

Republicans like the bill, and it’s not hard to figure out why. It zings teacher and trade unions that often favor Democrats, and it’s a crowd-pleaser for conservative audiences. Groups like the Texas branch of the National Federation of Independent Business favor the legislation, too, saying the dues checkoff enables their legislative foes and has no public purpose.

Legislators are selective in their scorn: Some public employees are easier to kick than others.

But the bill wouldn’t end the practice of allowing public employees to pay their dues automatically through a payroll deduction — a detail that undermines the argument that this is about unburdening state and local payroll clerks.

Like the legislation that failed two years ago, Huffman’s bill would allow police, fire and emergency responders to keep their payroll deductions in place. Teachers would be cut out, as would prison guards, social workers and other public employees.

Legislators are selective in their scorn: Some public employees are easier to kick than others.

Lawmakers who don’t think the state ought to be collecting dues for employee unions and associations would be voting to end the practice. On the other hand, if you just want to bust unions and associations that tend to vote for the other party, outlaw it for them but leave your own supporters alone.

It’s a modern spoils bill, rewarding public employees thought to support the people in charge and punishing dissenters.

State law already prevents payroll deductions for political purposes — the union and non-union associations collecting these dues can’t use that money for the political action committees or for other political expenses. But the groups frankly admit that without the automatic payments, they’d lose some members. They like painless payments for the same reason streaming media companies and other subscription services like them: If people don’t have to write checks or consider payments every month, they’re more like to remain enrolled.

The debate is coming earlier in the session this time around, increasing chances that lawmakers will hear a full argument on the merits before the end of the session.

The exceptions could be the most interesting part of the fight. Instead of a straight-up argument over whether and when public workers should be allowed to sign up for payroll deductions for this or that, this is shaping up as a debate over which public workers should have the privilege — a debate over good eggs and bad eggs.

All lawmakers like first responders and want to be seen as supporting them. They all love education but some of them don’t like teachers, especially when they form groups that lobby on their behalf. Lots of lawmakers have remarkably low regard for their own employees, the workforce they deride as the bureaucracy.

When the session is over, voters will have a good look at how those groups rank with their lawmakers. Even if the dues bill passes, Texas will still have payroll deductions for union and non-union employee groups — but only for the groups that have found favor with or that are feared by the people in elected state office.

This isn’t about the paychecks. It’s about the politics.

 

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/02/17/analysis-window-who-texas-legislators-favorite-employees-are/.
Texas Tribune mission statement
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Senate committee hears from dozens opposed to payroll deduction bill

On Monday, Feb. 13, the Senate Committee on State Affairs, chaired by Sen. Joan Huffman (R-Houston), conducted a public hearing on Senate Bill (SB) 13, Huffman’s own bill to eliminate the rights of some public employees to use payroll deduction for voluntary association dues. Dozens of ATPE members traveled to Austin to attend the hearing. Among the many witnesses who testified against SB 13 were ATPE Executive Director Gary Godsey, State President Julleen Bottoms, State Vice President Carl Garner, State Secretary Byron Hildebrand, and State Treasurer Tonja Grey.

FU5A8792_SB13hearing-crop1

Early in the hearing, Sen. Craig Estes (R-Wichita Falls) questioned the bill’s author on why she chose to file a bill that would prohibit payroll deduction by some public employees (such as educators, correctional officers, and CPS workers) while exempting fire, police, and EMS employees from the prohibition. ”I just think it’s problematic to say this group of people does it this way and this group of people does it that way,” Sen. Estes said, noting that he would prefer to see a bill without an exception for first responders that would apply equally to all public employees. “Why?” Estes asked the bill’s author about the discriminatory impact of her bill.

 

In response to the questions from Estes and her other fellow senators, Chairwoman Huffman explained that she was comfortable excluding law enforcement and emergency personnel from the bill because they “serve the community… with great honor and distinction.” Huffman added that groups representing first responders don’t interfere with “business issues,” which was a complaint raised by a pair of business lobbyists who testified against SB 13.

It is not clear what type of “business interference” the supporters of this bill believe ATPE has been guilty of organizing. The examples cited by a representative of the National Federal of Independent Business (NFIB) were federal minimum wage and equal pay laws that she claimed unions were opposing nationally. ATPE has not taken a position on any such legislation in Washington, and ATPE’s Godsey pointed out in his testimony that our organization has been supportive of business. “We love small business,” Godsey emphasized to the committee. “We have never spent one dime lobbying against small business.”

FU5A8745_SB13hearing

Sens. Judith Zaffirini (D-Laredo) and Eddie Lucio, Jr. (D-Brownsville) asked a number of questions during the hearing about why this bill was needed. They illustrated, for example, that no school board members or superintendents have complained about the current law requiring districts to let educators deduct association dues from their paychecks. Several of the teachers who testified during Monday’s hearing pointed out that their school leaders were supportive of leaving the current law alone and letting school employees continue the practice of using payroll deduction for their association dues. ATPE State President Bottoms, for example, noted that her own superintendent had even traveled to Austin Monday to support her appearance at the SB 13 hearing.

Although not a member of the committee, Sen. Jose Menendez (D-San Antonio) also sat in on the hearing and  asked a number of questions about why the bill targets certain associations while allowing payroll deductions for other purposes, such as insurance premiums and taxes. ATPE appreciates the support of those senators from both parties who have taken issue with SB 13, principally for the discriminatory message that it sends to hardworking educators and the fact that the bill is wholly unnecessary. It solves no identified problems and does not produce any cost savings to the state. Interestingly, Chairwoman Huffman conceded during her opening remarks about SB 13 that there are no taxpayer costs associated with public employees using payroll deduction for their association dues. In admitting this, Huffman openly contradicted recent claims by both Lt. Gov. Dan Patrick and Gov. Greg Abbott that this legislation would prevent “taxpayer resources” from being used to collect union dues.

While the committee heard testimony from numerous ATPE members and other educators on Monday, members of the law enforcement community were also on hand to express opposition to SB 13. Even though law enforcement officials are currently exempted from Huffman’s bill, they nevertheless urged lawmakers not to discriminate against teachers and expressed disappointment that the Senate was even hearing such a bill as SB 13. ATPE sincerely appreciates the support of police, fire, and EMS employee associations to defeat this unnecessary bill.

Click here to watch archived video of the hearing. Sen. Huffman’s introduction of SB 13 begins at the 13:45 mark during the broadcast. The testimony on this bill begins at 1:11:28 during the broadcast. Also, visit ATPE’s Facebook page for video highlights and links to news reports about the hearing. ATPE members are urged to continue calling and writing to their legislators about SB 13 and its House counterpart, House Bill 510. For additional resources on communicating with lawmakers, check out ATPE’s Advocacy Central.

Hearing

Teach the Vote’s Week in Review: Feb. 10, 2017

We’re gearing up for a big hearing on an anti-educator bill next week at the Texas State Capitol. Here’s more news for you to know:

 


The Senate Committee on State Affairs is set to hear Senate Bill 13 on Monday, Feb. 13. The bill by Sen. Joan Huffman (R-Houston), who also chairs the committee, would ban educators from using payroll deduction for their voluntary association dues, while protecting other public employees’ rights to do the same for their association or union membership dues.

Both the governor and lieutenant governor have prioritized passing a bill to end payroll deduction for what they misleadingly refer to as a use of “taxpayer resources to collect union dues.” ATPE has pointed out that no taxpayer resources are required for the processing of dues deductions. We’ve also shown that the bills being pushed forward, Huffman’s SB 13 and the identical House Bill 510 by Rep. Sarah Davis (R-West University Hills), actually punish many educators who join non-union groups while protecting the right of other public employees to continue to deduct their dues, even for unions.

STOP2In a press release issued by ATPE this week, Executive Director Gary Godsey highlighted the political motive behind the bills: “If fewer educators are able to join a professional organization, it will be harder for groups like ATPE to fight back when lawmakers try to privatize Texas public schools or cut teachers’ pay and benefits.” ATPE is urging educators who are concerned about this attempt to shut down their future advocacy efforts on behalf of the education profession and the students they serve to contact their legislators. Several ATPE members plan to attend Monday’s hearing and visit legislative offices that day to share their opposition to SB 13.

“The legislators supporting these bills are trying to shut teachers up, and we won’t stand for it,” said ATPE’s Godsey. “How teachers spend their paycheck should be their decision and theirs alone.”

 


Members of the Texas House of Representatives received their committee assignments this week for the 85th legislative session. Two of the most important committees for education-related concerns – the House Committees on Appropriations and Public Education – have new leaders as a result of the retirement of legislators who chaired those committees before. Read more about which legislators will be playing pivotal roles this session in steering education-related bills through the legislative process.

 


The U.S. Senate voted to confirm Secretary of Education Betsy DeVos on Tuesday in an unprecedented cabinet confirmation that required Vice President Mike Pence to cast a tie breaking vote. Senators were literally split on her confirmation; two Republican Senators joined all Democrats in opposing her nomination, which resulted in a 50-50 tie. Vice President Pence’s favorable vote sealed her confirmation. ATPE Lobbyist Kate Kuhlmann reports on the vote and shares ATPE’s response here.

On the other side of the Capitol that same day, the U.S. House voted to overturn two Obama administration regulations dealing with accountability under the Every Student Succeeds Act (ESSA) and teacher preparation, respectively. ATPE’s Kuhlmann has reported on the release of both regulations (accountability here and teacher preparation here) and mentioned the uncertain future of many recently finalized regulations under the new Congress and Trump administration. These measures must still get through the U.S. Senate before going to President Trump’s desk for a signature, but should they, newly confirmed Secretary DeVos would oversee the implementation of any new regulations

 


NO VOUCHERSStop us if you’ve heard this one. Among Lt. Gov. Dan Patrick’s top three priorities for the 85th legislative session is enacting private school vouchers. His signature voucher legislation for 2017 is Senate Bill 3, being carried by Sen. Larry Taylor (R-Friendswood), who also chairs a Senate Education Committee stacked with voucher proponents. This week, ATPE Lobbyist Monty Exter offers an in-depth look at what’s in SB 3, how voucher funds could be used under the Senate’s proposal, and the many opportunities for perverse results. Learn more in this blog post.

 


Teach the Vote’s Week in Review: Feb. 3, 2017

Happy Friday! Here’s a look at this week’s education news highlights:

 


The full U.S. Senate is expected to vote Monday on the confirmation of Betsy DeVos to become Secretary of Education. DeVos arguably has been President Donald Trump’s most controversial cabinet pick. As proof of just how much disagreement exists over DeVos, Monday’s vote is predicted to come down to a 50-50 split, forcing Vice President Mike Pence to cast a rare tie-breaking vote to confirm the nominee. Read more in this most recent blog post from ATPE Lobbyist Kate Kuhlmann, and visit ATPE’s Advocacy Central if you’d like to send a message this weekend to U.S. Senators John Cornyn (R-TX) and Ted Cruz (R-TX) about Betsy DeVos. (Member login is required to access Advocacy Central.)

 


SBOE logoThe State Board of Education (SBOE) met this week, and ATPE Lobbyist Mark Wiggins was there to cover all the action. Check out Mark’s latest blog post about new committee assignments for the board members, changes that are in the works to some curriculum standards, charter school finances, and more.

 


For months, Lt. Gov. Dan Patrick has been touting his major private school voucher legislation that will be pushed hard this legislative session. This week we finally got the first look at his signature voucher bill for 2017, which is Senate Bill 3 being carried by Sen. Larry Taylor (R-Friendswood). The bill filed on Monday calls for both corporate tax credit “scholarships” for private schools, as well as education savings accounts (ESAs). The latter would offer a debit card for parents, pre-funded with taxpayer dollars to be used for private school tuition, home school costs, or even college savings.

On more positive note, Rep. Jason Isaac (R-Dripping Springs) this week filed a new bill aimed at reducing standardized testing. House Bill 1333 calls for delinking teacher evaluations from student test scores, but the measure would also require Texas to seek a waiver of federal laws that require several tests currently administered to students starting in grade three and moving through the high school grades.

17_web_Spotlight_AdvocacyCentral_1

Stay tuned next week as ATPE Lobbyist Monty Exter will offer an in-depth look at SB 3 and the voucher debate for our blog. We’ll also have more on the newly filed testing bill, HB 1333. ATPE members can read more about these bills and all our legislative priorities over on Advocacy Central.

 


ThinkstockPhotos-99674144Governor Greg Abbott delivered his State of the State address to a joint session of the 85th Legislature on Tuesday. It was an opportunity for the governor to share his declared “emergency items” earmarked for earliest consideration this session, but no education issues made that list. The governor did still talk about some legislative priorities of his that relate to education.

Gov. Abbott urged lawmakers to work on an overhaul of the beleaguered school finance system and reiterated his strong support for pre-K programs, as long as they are done the “right” way. He also encouraged lawmakers to do something about the small number of teachers who’ve engaged in inappropriate relationships with students and strengthen reporting laws to address school administrations that have allowed some of those individuals to move on to jobs in other districts rather than being excised from the profession permanently.

Unfortunately, the governor also expressed support for private school voucher legislation and praised two lawmakers who have filed bills to ban educators from using payroll deduction for their association dues. Adding his voice to those spreading misinformation about the payroll deduction issue, Gov. Abbott stated, “Taxpayer resources should not be used for that.” ATPE and other groups have pointed out that payroll deduction for association dues produces no cost to taxpayers. State law even specifically authorizes school districts to charge associations like ATPE a fee if any such costs ever did arise.

The governor’s reference to taxpayer burdens that don’t exist is yet another example of the misleading information being spread about these two so-called “union dues” bills. The bills are being pushed mainly by business groups that have complained vociferously about anti-business activities by certain organized labor unions. But the bills filed, Senate Bill 13 by Sen. Joan Huffman (R-Houston) and House Bill 510 by Rep. Sarah Davis (R-Houston), have no impact on private businesses whatsoever.

This week, Sen. Robert Nichols (R-Jacksonville) signed on as a co-author of Senate Bill 13, joining a handful of other senators backing the bill. The House version includes two co-authors: Rep. Drew Darby (R-San Angelo) and Rep. Tan Parker (R-Flower Mound).

Both of these bills unfairly target educators for retaliation against their decisions to join professional associations like ATPE. While being touted as “union dues” bills, the measures actually affect groups that aren’t unionized, including ATPE, and they specifically exempt certain other public employees who would continue to benefit from payroll deduction for their union dues. The decision to single out educators while exempting other public employees highlights the political and discriminatory nature of these bills, which are clearly meant to silence the voices of educators on hot-button issues like private school vouchers, public pension reform, testing and accountability, and labeling public schools as failures.

Educators are urged to send messages to their lawmakers about these harmful payroll deduction bills that are tied directly to other legislative efforts to destroy public education. It’s easy for ATPE members to send a message, call, tweet, or communicate with lawmakers via Facebook using our communication tools at Advocacy Central.

 


ATPE members, today is your last day to register for ATPE at the Capitol, our political involvement training and lobby day event scheduled for March 5-6, 2017, at the Renaissance Austin Hotel and the Texas State Capitol. Be sure to sign up for our political involvement training and lobby day activities here, and don’t forget to book your hotel rooms and submit any requests for travel incentives by today, too. (ATPE member login is required to register for ATPE at the Capitol. Contact the ATPE state office if you need assistance logging in.)

Our training event on Sunday, March 5, features an opening keynote address by John Kuhn, presentations by the ATPE lobbyists, and a panel discussion with legislative leaders sharing their perspectives on the issues. Our website includes a schedule for Senate meetings and more details. Check it all out here. We look forward to seeing hundreds of ATPE members next month in Austin!

The latest on the misguided fight over educators’ payroll deduction

As ATPE has been reporting on Teach the Vote and atpe.org, two bills have been filed this session aimed at preventing educators from using payroll deduction for their association dues. They are House Bill 510 by Rep. Sarah Davis (R-Houston) and Senate Bill 13 by Sen. Joan Huffman (R-Houston). The legislation to ban payroll deduction has been declared a legislative priority by Lt. Gov. Dan Patrick (R). Dubbed an effort to keep the government from collecting “union dues,” these politically motivated bills actually have a greater impact on non-union professional entities such as ATPE. That’s why saving payroll deduction while educating lawmakers about the ugly political motives behind these bills is an ATPE legislative priority for 2017.

ATPE members should be familiar by now with the national movement to ban the use of payroll deduction by public employees. A controversial bill to keep school employees from using payroll deduction for their association dues, while allowing police, fire, and EMS workers to continue to payroll deduct their union dues, passed the Texas Senate in 2015 but never made it out of a House committee. This week, that same committee – the House Committee on State Affairs –shared its 2016 interim report, which includes a section on “union dues.” It’s an issue the committee was tasked with studying as an interim charge last year. The report notes that when the House State Affairs committee held a hearing on that bill last session, “Over 200 witnesses registered,” but only “17 were in support of the legislation.” The supporters of the 2015 bill included the same business groups who were invited to submit comments on the interim charge.

Excerpt from House State Affairs interim report

Excerpt from House State Affairs interim report

The House committee’s interim report summarizes arguments both for and against proposed legislation to ban payroll deduction, with supporters likening it to a taxpayer-funded “unfair political advantage” given to labor unions “that advocate against business in Texas” and “attack businesses that choose to remain union-free.” The report sums up arguments against the bills, including the facts that there is no cost to taxpayers since unions can be charged a fee for any dues collection-related costs and dues cannot be used for political contributions. The committee report concludes by acknowledging concerns about constitutionality of the legislation and notes that “one very essential question remains unanswered: What groups should be included in the bill, or, alternatively, what groups should be excluded from the bill?”

Knowing that a bill to ban payroll deductions would again be filed for consideration in 2017, the House State Affairs Committee’s ultimate recommendation on this interim charge was as follows: “The legislature should seek input about the policy rationale from both sides of the debate regarding the need for the law change and most importantly, what groups the bill should address.”

Clearly, the 85th legislature needs to hear from educators on why there is no actual need to change this law and no valid argument for taking away school employees’ right to use payroll deductions from their own wages as they choose.

ATPE members should explain to lawmakers why these bills are unnecessary, especially since no taxpayers dollars have ever been at risk as a result of the payroll deduction laws. Educators are also urged to ask their legislators why public school employees are the ones being targeted by these bills. If the proponents of these bills are truly concerned about unions that “attack businesses” and send their dues out of state to fund “anti-business policy campaigns,” as suggested by NFIB-TX in written testimony, then it makes no sense for them to pursue bills like SB 13 and HB 510 that punish groups such as ATPE, an organization not affiliated with any national union and a longtime supporter of right-to-work laws.

  • If you believe it’s unfair for lawmakers to single out educators for punishment because of their choices to join professional associations, then lawmakers need to hear from you.
  • If you think educators should be treated the same as other public employees like firefighters and police officers, then lawmakers need to hear from you.
  • If you are an educator who wants to continue to have options for managing your own money and believes the legislature has no business interfering with your personal choice to join a professional association, then lawmakers especially need to hear from you.

17_web_Spotlight_AdvocacyCentral_1ATPE members can log onto our website and use our tools at Advocacy Central to send quick messages to their legislators about this and other issues. We encourage you to call or write your legislators now, before these bills are on the move, and ask them to oppose this unnecessary legislation intended to silence the voices of the public education community. Let them know the facts behind payroll deduction and the people who would be affected by these bills if passed. If your representative or senator is one of the authors or co-authors supporting these bills, they still need to hear from you and understand that there are many voters who oppose the unfairly written SB 13 and HB 510.

Portrait of a young man with tape on mouth over colored backgroundToo often, the legislature makes decisions about public education based on input from non-educators. This could easily become another example of education laws and policies being steered by special interests outside of our school community because educators aren’t speaking up. And in this instance, if educators don’t speak up and oppose the ban on payroll deduction, their voices will carry far less weight in the future.