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.