By Brown S.B. No. 433
Substitute the following for S.B. No. 433:
By Davila C.S.S.B. No. 433
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of certain municipalities to maintain local
1-3 control over wages, hours, and other terms and conditions of
1-4 employment of certain employees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 5, Local Government Code, is
1-7 amended by adding Chapters 145, 146, and 147 to read as follows:
1-8 CHAPTER 145. LOCAL CONTROL OF MUNICIPAL POLICE
1-9 EMPLOYMENT MATTERS
1-10 Sec. 145.001. POPULATION. This chapter applies only to a
1-11 municipality with a population of 1.5 million or more.
1-12 Sec. 145.002. DEFINITIONS. In this chapter:
1-13 (1) "Police employee representation committee" means
1-14 an organization of any kind, or any agency or association or plan,
1-15 in which police officers participate and which exists for the
1-16 purpose, in whole or part, of dealing with one or more employers,
1-17 whether public or private, concerning grievances, labor disputes,
1-18 wages, rates of pay, hours of employment, or conditions of work
1-19 affecting police employees.
1-20 (2) "Public employer" means any municipality or
1-21 agency, board, commission, or political subdivision controlled by a
1-22 municipality who is required to establish the wages, salaries,
1-23 rates of pay, hours, working conditions, and other terms and
1-24 conditions of employment of public employees. The term may
2-1 include, under appropriate circumstances, a mayor, manager,
2-2 administrator of a municipality, municipal governing body, director
2-3 of personnel, personnel board, or one or more other officials,
2-4 regardless of the name by which they are designated.
2-5 (3) "Chief negotiator" means an individual who is
2-6 selected by the police employee representation committee to be the
2-7 chief spokesperson in negotiations with the public employer.
2-8 Sec. 145.003. GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-9 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
2-10 local control over the wages, salaries, rates of pay, hours of
2-11 work, other terms and conditions of employment, or other
2-12 state-mandated personnel issues if the public employer and the
2-13 police employee representation committee recognized as the sole and
2-14 exclusive bargaining agent for all officers covered by this chapter
2-15 come to a mutual agreement on any of the terms listed above. If no
2-16 agreement is reached, the existing state laws, local ordinances,
2-17 and civil service rules remain unaffected. All agreements shall be
2-18 reduced to writing. Nothing in this chapter shall require either
2-19 party to meet and confer on any issue or reach an agreement.
2-20 (b) A public employer may only meet and confer if the police
2-21 employee representation committee recognized under this chapter as
2-22 the sole and exclusive bargaining agent does not advocate the
2-23 illegal right to strike by public employees.
2-24 (c) Employees of a municipality may not engage in strikes or
2-25 organized work stoppages against this state or a municipality of
2-26 this state. An employee who participates in a strike forfeits all
2-27 civil service rights, reemployment rights, and any other rights,
3-1 benefits, or privileges the employee enjoys as a result of
3-2 employment or prior employment, except that the right of an
3-3 individual to cease work may not be abridged if the individual is
3-4 not acting in concert with others in an organized work stoppage.
3-5 Sec. 145.004. RECOGNITION. (a) The police employee
3-6 representation committee recognized as the sole and exclusive
3-7 bargaining agent shall be composed of one representative from each
3-8 police employee organization that has a membership of 150 or more
3-9 active dues-paying members of the bargaining unit upon passage of
3-10 this chapter. Before any proposed agreement is to be submitted by
3-11 the police employee representation committee for a ratification
3-12 vote of the members of the bargaining unit pursuant to Section
3-13 145.005, the proposed agreement must be approved by each police
3-14 employee organization's representative.
3-15 (b) Unless and until recognition of the police employee
3-16 representation committee is withdrawn by a majority vote of the
3-17 members of the bargaining unit, the police employee representation
3-18 committee may be recognized by the public employer as the sole and
3-19 exclusive bargaining agent for all sworn officers except the chief
3-20 of police and officers appointed to a rank without a competitive
3-21 examination.
3-22 (c) Nothing in this chapter shall prohibit the police
3-23 employee representation committee recognized as the sole and
3-24 exclusive bargaining agent from appointing a chief negotiator.
3-25 (d) No agreement between the public employer and the police
3-26 employment representation committee shall prohibit dues deduction
3-27 for the above-mentioned police employee organizations.
4-1 Sec. 145.005. OPEN RECORDS REQUIRED. All documents relating
4-2 to an agreement between a police employee representation committee
4-3 and a public employer shall be available to the public pursuant to
4-4 state statute.
4-5 Sec. 145.006. ENFORCEABILITY OF AGREEMENT. A written
4-6 agreement made under this chapter between a public employer and the
4-7 police employee representation committee recognized as the sole and
4-8 exclusive bargaining agent is enforceable and binding on the public
4-9 employer, police employee representation committee recognized as
4-10 the sole and exclusive bargaining agent, and the police officers
4-11 covered by the agreement, if the governing body ratified the
4-12 agreement by majority vote and the police employee representation
4-13 committee recognized as the sole and exclusive bargaining agent
4-14 ratified the agreement by a majority vote of the members of the
4-15 bargaining unit by secret ballot. The state district court of the
4-16 judicial district in which the municipality is located has full
4-17 authority and jurisdiction on the application of either party
4-18 aggrieved by an action or omission of the other party when the
4-19 action or omission is related to a right, duty, or obligation
4-20 stated in a written agreement made and ratified under this chapter.
4-21 The court may issue proper restraining orders, temporary and
4-22 permanent injunctions, and any other writ, order, or process,
4-23 including contempt orders, that are appropriate to enforce any
4-24 written agreement ratified by both the public employer and the
4-25 police employee representation committee recognized as the sole and
4-26 exclusive bargaining agent.
4-27 Sec. 145.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-1 (a) A written agreement under this chapter between a public
5-2 employer and the police employee representation committee
5-3 recognized as the sole and exclusive bargaining agent supersedes a
5-4 previous statute concerning wages, salaries, rates of pay, hours of
5-5 work, and other terms and conditions of employment to the extent of
5-6 any conflict with the previous statute.
5-7 (b) A written agreement under this chapter preempts all
5-8 contrary local ordinances, executive orders, legislation, or rules
5-9 adopted by the state or a political subdivision or agent of the
5-10 state, such as a personnel board, a civil service commission, or a
5-11 home-rule municipality.
5-12 (c) An agreement under this chapter may not diminish or
5-13 qualify any right, benefit, or privilege of an employee under this
5-14 chapter or other law unless approved by a majority vote by secret
5-15 ballot of the members of the bargaining unit.
5-16 Sec. 145.008. REPEAL OF AGREEMENT BY ELECTORATE. Within 45
5-17 days after an agreement is ratified and signed by both the
5-18 municipality and the police employee representation committee
5-19 recognized as the sole and exclusive bargaining agent, a petition
5-20 signed by a number of registered voters equal to 10 percent of the
5-21 votes cast at the most recent mayoral general election may be
5-22 presented to the city secretary calling an election for the repeal
5-23 of the agreement. Thereupon, the governing body shall reconsider
5-24 the agreement and, if it does not repeal the agreement, shall call
5-25 an election of the qualified voters to determine if they desire to
5-26 repeal the agreement. The election shall be called for the next
5-27 municipal election or a special election called by the governing
6-1 body for that purpose. If at the election a majority of the votes
6-2 are cast in favor of the repeal of the adoption of the agreement,
6-3 then the agreement shall become null and void. The ballot shall be
6-4 printed to provide for voting FOR or AGAINST the proposition:
6-5 "Repeal of the adoption of the agreement ratified by the
6-6 municipality and the police employee representation committee
6-7 concerning wages, salaries, rates of pay, hours of work, and other
6-8 terms and conditions of employment."
6-9 Sec. 145.009. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a)
6-10 For the purpose of any disciplinary appeal to either the civil
6-11 service commission or a hearing examiner, all members of the
6-12 bargaining unit shall have the right to choose to be represented by
6-13 any person of their choice or police employee organization.
6-14 (b) No agreement shall interfere in the right of members of
6-15 the bargaining unit to pursue allegations of discrimination based
6-16 on race, creed, color, national origin, religion, age, sex, or
6-17 disability with the Commission on Human Rights or the Equal
6-18 Employment Opportunity Commission or to pursue affirmative action
6-19 litigation.
6-20 CHAPTER 146. LOCAL CONTROL OF MUNICIPAL
6-21 EMPLOYMENT MATTERS
6-22 Sec. 146.001. POPULATION. This chapter applies only to a
6-23 municipality with a population of 1.5 million or more.
6-24 Sec. 146.002. DEFINITIONS. In this chapter:
6-25 (1) "Municipal employees" means any and all municipal
6-26 employees who are not covered by Chapter 143 or who do not hold
6-27 exempt positions under local civil service ordinances.
7-1 (2) "Municipal employee association" means an
7-2 organization in which public employees participate and which exists
7-3 for the purpose of dealing with one or more public employers
7-4 concerning grievances, labor disputes, wages, rates of pay, hours
7-5 of employment, conditions of work affecting public employees.
7-6 (3) "Public employer" means any municipality or
7-7 agency, board, commission, or political subdivision controlled by a
7-8 municipality who is required to establish the wages, salaries,
7-9 rates of pay, hours, working conditions, and other terms and
7-10 conditions of employment of public employees. The term may
7-11 include, under appropriate circumstances, a mayor, manager,
7-12 administrator of a municipality, municipal governing body, director
7-13 of personnel, personnel board, or one or more other officials,
7-14 regardless of the name by which they are designated.
7-15 Sec. 146.003. GENERAL PROVISIONS RELATING TO AGREEMENTS,
7-16 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
7-17 local control over the wages, salaries, rates of pay, hours of
7-18 work, other terms and conditions of employment, or other
7-19 state-mandated personnel issues if the public employer and the
7-20 municipal employee association recognized as the sole and exclusive
7-21 bargaining agent for all municipal employees covered by this
7-22 chapter come to a mutual agreement on any of the terms listed
7-23 above. If no agreement is reached, the existing state laws, local
7-24 ordinances, and civil service rules remain unaffected. All
7-25 agreements shall be reduced to writing. Nothing in this chapter
7-26 shall require either party to meet and confer on any issue or reach
7-27 an agreement.
8-1 (b) A public employer may only meet and confer if the
8-2 municipal employee association recognized under this chapter as the
8-3 sole and exclusive bargaining agent does not advocate the illegal
8-4 right to strike by public employees.
8-5 (c) Employees of a municipality may not engage in strikes or
8-6 organized work stoppages against this state or a municipality of
8-7 this state. An employee who participates in a strike forfeits all
8-8 civil service rights, reemployment rights, and any other rights,
8-9 benefits, or privileges the employee enjoys as a result of
8-10 employment or prior employment, except that the right of an
8-11 individual to cease work may not be abridged if the individual is
8-12 not acting in concert with others in an organized work stoppage.
8-13 Sec. 146.004. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) An
8-14 employee association selected by a petition signed by a majority of
8-15 the municipal employees may be recognized by the public employer as
8-16 the sole and exclusive negotiating agent for all of the covered
8-17 municipal employees unless and until recognition of the association
8-18 is withdrawn by a majority of those employees.
8-19 (b) In the event of a question about whether an employee
8-20 association is the majority representative of the covered municipal
8-21 employees, the question shall be resolved by a fair election
8-22 conducted according to procedures agreeable to the parties. If the
8-23 parties are unable to agree on such procedures, either party may
8-24 request the American Arbitration Association to conduct the
8-25 elections and to certify the results. Certification of the results
8-26 of an election resolves the question concerning representation.
8-27 The employee association is liable for the expenses of the
9-1 election, except that if two or more associations seeking
9-2 recognition as the negotiating agent submit petitions signed by a
9-3 majority of the covered municipal employees, the associations shall
9-4 share equally the costs of the election.
9-5 Sec. 146.005. OPEN RECORDS REQUIRED. All documents relating
9-6 to an agreement between an employee association and a public
9-7 employer shall be available to the public pursuant to state
9-8 statutes.
9-9 Sec. 146.006. ENFORCEABILITY OF AGREEMENT. A written
9-10 agreement made under this chapter between a public employer and the
9-11 municipal employee association recognized as the sole and exclusive
9-12 bargaining agent is enforceable and binding on the public employer,
9-13 municipal employee association recognized as the sole and exclusive
9-14 bargaining agent, and the municipal employees covered by the
9-15 agreement, if the governing body ratified the agreement by majority
9-16 vote and the municipal employee association recognized as the sole
9-17 and exclusive bargaining agent ratified the agreement by a majority
9-18 vote of the members of the bargaining unit by secret ballot. A
9-19 state district court of a judicial district in which the
9-20 municipality is located has full authority and jurisdiction on the
9-21 application of either party aggrieved by an action or omission of
9-22 the other party when the action or omission is related to a right,
9-23 duty, or obligation stated in a written agreement made and ratified
9-24 under this chapter. The court may issue proper restraining orders,
9-25 temporary and permanent injunctions, and any other writ, order, or
9-26 process, including contempt orders, that are appropriate to enforce
9-27 any written agreement ratified by both the public employer and the
10-1 municipal employee association recognized as the sole and exclusive
10-2 bargaining agent.
10-3 Sec. 146.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
10-4 (a) A written agreement under this chapter between a public
10-5 employer and the municipal employee association recognized as the
10-6 sole and exclusive bargaining agent supersedes a previous statute
10-7 concerning wages, salaries, rates of pay, hours of work, and other
10-8 terms and conditions of employment to the extent of any conflict
10-9 with the previous statute.
10-10 (b) A written agreement under this chapter preempts all
10-11 contrary local ordinances, executive orders, legislation, or rules
10-12 adopted by the state or a political subdivision or agent of the
10-13 state, such as a personnel board, a civil service commission, or a
10-14 home-rule municipality.
10-15 (c) An agreement under this chapter may not diminish or
10-16 qualify any right, benefit, or privilege of an employee under this
10-17 chapter or other law unless approved by a majority vote by secret
10-18 ballot of the members of the bargaining unit.
10-19 Sec. 146.008. REPEAL OF AGREEMENT BY ELECTORATE. Within 45
10-20 days after an agreement is ratified and signed by both the
10-21 municipality and the municipal employee association recognized as
10-22 the sole and exclusive bargaining agent, a petition signed by a
10-23 number of registered voters equal to 10 percent of the votes cast
10-24 at the most recent mayoral general election may be presented to the
10-25 city secretary calling an election for the repeal of the agreement.
10-26 Thereupon, the governing body shall reconsider the agreement and,
10-27 if it does not repeal the agreement, shall call an election of the
11-1 qualified voters to determine if they desire to repeal the
11-2 agreement. The election shall be called for the next municipal
11-3 election or a special election called by the governing body for
11-4 that purpose. If at the election a majority of the votes are cast
11-5 in favor of the repeal of the adoption of the agreement, then the
11-6 agreement shall become null and void. The ballot shall be printed
11-7 to provide for voting FOR or AGAINST the proposition:
11-8 "Repeal of the adoption of the agreement ratified by the
11-9 municipality and the municipal employee association concerning
11-10 wages, salaries, rates of pay, hours of work, and other terms and
11-11 conditions of employment."
11-12 Sec. 146.009. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. No
11-13 agreement shall interfere with the right of members of the
11-14 bargaining unit to pursue allegations of discrimination based on
11-15 race, creed, color, national origin, religion, age, sex, or
11-16 disability with the Commission on Human Rights or the Equal
11-17 Employment Opportunity Commission or to pursue affirmative action
11-18 litigation.
11-19 CHAPTER 147. LOCAL CONTROL OF MUNICIPAL FIRE FIGHTERS
11-20 EMPLOYMENT MATTERS
11-21 Sec. 147.001. POPULATION. This chapter applies only to a
11-22 municipality that has adopted Chapter 143, Local Government Code,
11-23 and has a population of 1.5 million or more; but does not apply to
11-24 a municipality that has adopted Article 5154c-1, Texas Revised
11-25 Civil Statutes.
11-26 Sec. 147.002. DEFINITIONS. In this chapter:
11-27 (1) "Fire fighters association" means an organization
12-1 in which fire fighters participate and which exists for the
12-2 purpose, in whole or part, of dealing with one or more employers,
12-3 whether public or private, concerning grievances, labor disputes,
12-4 wages, rates of pay, hours of employment, or conditions of work
12-5 affecting public employees.
12-6 (2) "Public employer" means any municipality or
12-7 agency, board, commission, or political subdivision controlled by a
12-8 municipality who is required to establish the wages, salaries,
12-9 rates of pay, hours, working conditions, and other terms and
12-10 conditions of employment of public employees. The term may
12-11 include, under appropriate circumstances, a mayor, manager,
12-12 administrator of a municipality, municipal governing body, director
12-13 of personnel, personnel board, or one or more other officials,
12-14 regardless of the name by which they are designated.
12-15 Sec. 147.003. GENERAL PROVISIONS RELATING TO AGREEMENTS,
12-16 RECOGNITION, AND STRIKES. (a) A municipality covered by this
12-17 Chapter may exercise local control over the wages, salaries, rates
12-18 of pay, hours of work, and other terms and conditions of
12-19 employment, or other personnel issues affecting fire fighters
12-20 otherwise controlled by state law, by entering into a mutual
12-21 written agreement governing these issues with a fire fighters
12-22 association that does not advocate the illegal right to strike by
12-23 public employees.
12-24 (b) A municipality may recognize a fire fighters association
12-25 that does not advocate the illegal right to strike by public
12-26 employees as the bargaining agent for any group of paid fire
12-27 fighters so requesting such representation under this chapter.
13-1 (c) Fire fighters of a municipality may not engage in
13-2 strikes or organized work stoppages against this state or a
13-3 political subdivision of this state. A fire fighter who
13-4 participates in a strike forfeits all civil service rights,
13-5 reemployment rights, and any other rights, benefits, or privileges
13-6 the fire fighter enjoys as a result of employment or prior
13-7 employment, except that the right of an individual to cease work
13-8 may not be abridged if the individual is not acting in concert with
13-9 others in an organized work stoppage.
13-10 Sec. 147.004. RECOGNITION OF FIRE FIGHTERS ASSOCIATION. (a)
13-11 A fire fighters association submitting a petition signed by a
13-12 majority of the paid fire fighters in the municipality, excluding
13-13 the head of the department and the assistant department heads in
13-14 the rank or classification immediately below that of the department
13-15 head, may be recognized by the public employer as the sole and
13-16 exclusive bargaining agent for all of the covered fire fighters
13-17 unless and until recognition of the association is withdrawn by a
13-18 majority of those fire fighters.
13-19 (b) In the event of a question about whether a fire fighters
13-20 association represents a majority of the covered fire fighters, the
13-21 question shall be resolved by a fair election conducted according
13-22 to procedures agreeable to the parties. If the parties are unable
13-23 to agree on such procedures, either party may request the American
13-24 Arbitration Association to conduct the election and to certify the
13-25 results. Certification of the results of an election resolves the
13-26 question concerning representation. The fire fighters association
13-27 is liable for the expenses of the election, except that if two or
14-1 more associations seeking recognition as the bargaining agent
14-2 submit petitions signed by a majority of the covered municipal fire
14-3 fighters employees, the associations shall share equally the costs
14-4 of the election.
14-5 Sec. 147.005. OPEN RECORDS REQUIRED. All documents relating
14-6 to an agreement between an employee association and a public
14-7 employer shall be available to the public pursuant to state
14-8 statutes.
14-9 Sec. 147.006. ENFORCEABILITY OF AGREEMENT. A written
14-10 agreement made under this chapter between a public employer and a
14-11 fire fighters association is enforceable and binding on the public
14-12 employer, the fire fighters association, and fire fighters covered
14-13 by the agreement, if the governing body ratified the agreement by
14-14 majority vote and fire fighters association ratified the agreement
14-15 by a majority vote of its members by secret ballot. The state
14-16 district court of a judicial district in which the municipality is
14-17 located has full authority and jurisdiction on the application of
14-18 either party aggrieved by an action or omission of the other party
14-19 when the action or omission is related to a right, duty, or
14-20 obligation provided by this chapter. The court may issue proper
14-21 restraining orders, temporary and permanent injunctions, and any
14-22 other writ, order, or process, including contempt orders, that are
14-23 appropriate to enforcing this chapter.
14-24 Sec. 147.007. CHAPTER TAKES PRECEDENCE. (a) This chapter
14-25 shall supersede all conflicting provisions in previous statutes
14-26 affecting the subject matter; and shall preempt all contrary local
14-27 ordinances, executive orders, legislation, rules, or regulations
15-1 adopted by the state or by any of its political subdivisions or
15-2 agents such as, but not limited to, a personnel board, a civil
15-3 service commission, or home-rule municipality.
15-4 (b) A written agreement under this chapter between a public
15-5 employer and a fire fighters association supersedes a previous
15-6 statute concerning wages, salaries, rates of pay, hours of work,
15-7 and other terms and conditions of employment, to the extent of any
15-8 conflict with the previous statute.
15-9 (c) A written agreement under this chapter preempts all
15-10 contrary local ordinances, executive orders, legislation, rules
15-11 adopted by the state or a political subdivision or agent of the
15-12 state, such as a personnel board, a civil service commission, or a
15-13 home-rule municipality.
15-14 Sec. 147.008. REPEAL OF AGREEMENT BY ELECTORATE. Within 45
15-15 days after an agreement is ratified and signed by both the
15-16 municipality and the fire fighters association recognized as the
15-17 sole and exclusive bargaining agent, a petition signed by a number
15-18 of registered voters equal to 10 percent of the votes cast at the
15-19 most recent mayoral general election may be presented to the city
15-20 secretary calling an election for the repeal of the agreement.
15-21 Thereupon, the governing body shall reconsider the agreement and,
15-22 if it does not repeal the agreement, shall call an election of the
15-23 qualified voters to determine if they desire to repeal the
15-24 agreement. The election shall be called for the next municipal
15-25 election or a special election called by the governing body for
15-26 that purpose. If at the election a majority of the votes are cast
15-27 in favor of the repeal of the adoption of the agreement, then the
16-1 agreement shall become null and void. The ballot shall be printed
16-2 to provide for voting FOR or AGAINST the proposition:
16-3 "Repeal of the adoption of the agreement ratified by the
16-4 municipality and the fire fighters association concerning wages,
16-5 salaries, rates of pay, hours of work, and other terms and
16-6 conditions of employment."
16-7 SECTION 2. This Act takes effect September 1, 1993.
16-8 SECTION 3. The importance of this legislation and the
16-9 crowded condition of the calendars in both houses create an
16-10 emergency and an imperative public necessity that the
16-11 constitutional rule requiring bills to be read on three several
16-12 days in each house be suspended, and this rule is hereby suspended.