(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. § 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. § 151 et seq.).