By: Brown S.B. No. 433 A BILL TO BE ENTITLED AN ACT 1-1 relating to the right of certain municipalities to maintain local 1-2 control over wages, hours, and other terms and conditions of 1-3 employment of certain employees. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle A, Title 5, Local Government Code, is 1-6 amended by adding Chapter 145 to read as follows: 1-7 CHAPTER 145. LOCAL CONTROL OF MUNICIPAL 1-8 EMPLOYMENT MATTERS 1-9 Sec. 145.001. POPULATION. This chapter applies only to a 1-10 municipality with a population of 1.5 million or more. 1-11 Sec. 145.002. DEFINITIONS. In this chapter: 1-12 (1) "Police employee representation committee" means 1-13 an organization of any kind, or any agency or association or plan, 1-14 in which police officers participate and which exists for the 1-15 purpose, in whole or part, of dealing with one or more employers, 1-16 whether public or private, concerning grievances, labor disputes, 1-17 wages, rates of pay, hours of employment, or conditions of work 1-18 affecting police employees. 1-19 (2) "Public employer" means any municipality or 1-20 agency, board, commission, or political subdivision controlled by a 1-21 municipality that is required to establish the wages, salaries, 1-22 rates of pay, hours, working conditions, and other terms and 1-23 conditions of employment of public employees. The term may 1-24 include, under appropriate circumstances, a mayor, manager, 2-1 administrator of a municipality, municipal governing body, director 2-2 of personnel, personnel board, or one or more other officials, 2-3 regardless of the name by which they are designated. 2-4 (3) "Chief negotiator" means an individual who is 2-5 selected by the police employee representation committee to be the 2-6 chief spokesperson in negotiations with the public employer. 2-7 Sec. 145.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, 2-8 RECOGNITION, AND STRIKES. (a) A municipality may not be denied 2-9 local control over the wages, salaries, rates of pay, hours of 2-10 work, other terms and conditions of employment, or other 2-11 state-mandated personnel issues if the public employer and the 2-12 police employee representation committee recognized as the sole and 2-13 exclusive bargaining agent for all officers covered by this chapter 2-14 come to a mutual agreement on any of the terms listed above. If no 2-15 agreement is reached, the existing state laws, local ordinances, 2-16 and civil service rules remain unaffected. All agreements shall be 2-17 reduced to writing. Nothing in this chapter shall require either 2-18 party to meet and confer on any issue or reach an agreement. 2-19 (b) A public employer may only meet and confer if the police 2-20 employee representation committee recognized under this chapter as 2-21 the sole and exclusive bargaining agent does not advocate the 2-22 illegal right to strike by public employees. 2-23 (c) Employees of a municipality may not engage in strikes or 2-24 organized work stoppages against this state or a municipality of 2-25 this state. An employee who participates in a strike forfeits all 2-26 civil service rights, reemployment rights, and any other rights, 2-27 benefits, or privileges the employee enjoys as a result of 3-1 employment or prior employment, except that the right of an 3-2 individual to cease work may not be abridged if the individual is 3-3 not acting in concert with others in an organized work stoppage. 3-4 Sec. 145.004. RECOGNITION. (a) The police employee 3-5 representation committee recognized as the sole and exclusive 3-6 bargaining agent shall be composed of one representative from each 3-7 police employee organization that has a membership of 150 or more 3-8 active dues-paying members of the bargaining unit on passage of 3-9 this chapter. Before any proposed agreement is to be submitted by 3-10 the police employee representation committee for a ratification 3-11 vote of the members of the bargaining unit pursuant to Section 3-12 145.005, the proposed agreement must be approved by each police 3-13 employee organization's representative. 3-14 (b) Unless and until recognition of the police employee 3-15 representation committee is withdrawn by a majority vote of the 3-16 members of the bargaining unit, the police employee representation 3-17 committee may be recognized by the public employer as the sole and 3-18 exclusive bargaining agent for all sworn officers except the chief 3-19 of police and officers appointed to a rank without a competitive 3-20 examination. 3-21 (c) Nothing in this chapter shall prohibit the police 3-22 employee representation committee recognized as the sole and 3-23 exclusive bargaining agent from appointing a chief negotiator. 3-24 (d) No agreement between the public employer and police 3-25 employee representation committee recognized as the sole and 3-26 exclusive bargaining agent shall prohibit dues deduction for the 3-27 police employee organizations described in Subsection (a). 4-1 Sec. 145.005. ENFORCEABILITY OF AGREEMENT. A written 4-2 agreement made under this chapter between a public employer and the 4-3 police employee representation committee recognized as the sole and 4-4 exclusive bargaining agent is enforceable and binding on the public 4-5 employer, police employee representation committee recognized as 4-6 the sole and exclusive bargaining agent, and the police officers 4-7 covered by the agreement, if the governing body ratified the 4-8 agreement by majority vote and the police employee representation 4-9 committee recognized as the sole and exclusive bargaining agent 4-10 ratified the agreement by a majority vote of the members of the 4-11 bargaining unit by secret ballot. A state district court of a 4-12 judicial district in which the municipality is located has full 4-13 authority and jurisdiction on the application of either party 4-14 aggrieved by an action or omission of the other party when the 4-15 action or omission is related to a right, duty, or obligation 4-16 stated in a written agreement made and ratified under this chapter. 4-17 The court may issue proper restraining orders, temporary and 4-18 permanent injunctions, and any other writ, order, or process, 4-19 including contempt orders, that are appropriate to enforce any 4-20 written agreement ratified by both the public employer and the 4-21 police employee representation committee recognized as the sole and 4-22 exclusive bargaining agent. 4-23 Sec. 145.006. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. 4-24 (a) A written agreement under this chapter between a public 4-25 employer and the police employee representation committee 4-26 recognized as the sole and exclusive bargaining agent supersedes a 4-27 previous statute concerning wages, salaries, rates of pay, hours of 5-1 work, and other terms and conditions of employment to the extent of 5-2 any conflict with the previous statute. 5-3 (b) A written agreement under this chapter preempts all 5-4 contrary local ordinances, executive orders, legislation, or rules 5-5 adopted by the state or a political subdivision or agent of the 5-6 state, such as a personnel board, a civil service commission, or a 5-7 home-rule municipality. 5-8 (c) An agreement under this chapter may not diminish or 5-9 qualify any right, benefit, or privilege of an employee under this 5-10 chapter or other law unless approved by a majority vote by secret 5-11 ballot of the members of the bargaining unit. 5-12 Sec. 145.007. REPEAL OF AGREEMENT BY ELECTORATE. Within 30 5-13 days after the first agreement is ratified and signed by both the 5-14 municipality and the police employee representation committee 5-15 recognized as the sole and exclusive bargaining agent, a petition 5-16 signed by 15 percent of the registered voters may be presented to 5-17 the governing body calling an election for the repeal of the 5-18 agreement. The governing body shall call an election of the 5-19 qualified voters at the next uniform date set by the Election Code 5-20 to determine if they desire to repeal the agreement. If at the 5-21 election a majority of the votes cast favor the repeal of the 5-22 adoption of the agreement, then the agreement shall become null and 5-23 void. The ballot shall be printed to provide for voting for or 5-24 against the proposition: 5-25 "Repeal of the adoption of the agreement ratified by the 5-26 municipality and the police employee representation committee 5-27 concerning wages, salaries, rates of pay, hours of work, and other 6-1 terms and conditions of employment." 6-2 Sec. 145.008. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. 6-3 (a) For the purpose of any disciplinary appeal to either the civil 6-4 service commission or a hearing examiner, all members of the 6-5 bargaining unit shall have the right to choose to be represented by 6-6 any person of their choice or police employee organization. 6-7 (b) No agreement shall interfere in the right of members of 6-8 the bargaining unit to pursue allegations of discrimination based 6-9 on race, creed, color, national origin, religion, age, sex, or 6-10 disability with the Commission on Human Rights or the Equal 6-11 Employment Opportunity Commission or to pursue affirmative action 6-12 litigation. 6-13 SECTION 2. This Act takes effect September 1, 1993. 6-14 SECTION 3. The importance of this legislation and the 6-15 crowded condition of the calendars in both houses create an 6-16 emergency and an imperative public necessity that the 6-17 constitutional rule requiring bills to be read on three several 6-18 days in each house be suspended, and this rule is hereby suspended.