By: Brown S.B. No. 433 73R3378 CAG-F 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. 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 Chapter 145 to read as follows: 1-8 CHAPTER 145. LOCAL CONTROL OF MUNICIPAL 1-9 EMPLOYMENT MATTERS 1-10 Sec. 145.001. MUNICIPALITY SUBJECT TO CHAPTER. This chapter 1-11 applies only to a municipality with a population of 1.5 million or 1-12 more. 1-13 Sec. 145.002. DEFINITIONS. In this chapter: 1-14 (1) "Employee association" means an organization in 1-15 which public employees participate and that exists wholly or partly 1-16 for the purpose of dealing with one or more public or private 1-17 employers concerning grievances, labor disputes, wages, salaries, 1-18 rates of pay, hours of work, or working conditions affecting public 1-19 employees. 1-20 (2) "Public employer" means any municipality or an 1-21 agency, board, commission, or political subdivision of or 1-22 controlled by a municipality that is required to establish the 1-23 wages, salaries, rates of pay, hours of work, working conditions, 1-24 other terms or conditions of employment, or affirmative action 2-1 programs for public employees. The term may include, under 2-2 appropriate circumstances, a mayor, manager, administrator of a 2-3 municipality, municipal governing body, director of personnel, 2-4 personnel board, or one or more other officials, regardless of the 2-5 names by which they are designated. 2-6 Sec. 145.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, 2-7 RECOGNITION, AND STRIKES. (a) A municipality may not be denied 2-8 local control over the wages, salaries, rates of pay, hours of 2-9 work, other terms and conditions of employment, affirmative action 2-10 programs, or other state-mandated personnel issues. To resolve 2-11 these matters at the local level, a public employer shall enter 2-12 into a mutual written agreement governing these issues with an 2-13 employee association that does not advocate the illegal right to 2-14 strike of public employees. 2-15 (b) A municipality may recognize an employee association 2-16 that does not advocate the illegal right to strike of public 2-17 employees as the bargaining agent for any group of public employees 2-18 requesting the representation under this chapter. 2-19 (c) Employees of a municipality may not engage in strikes or 2-20 organized work stoppages against this state or a municipality of 2-21 this state. An employee who participates in a strike forfeits all 2-22 civil service rights, reemployment rights, and any other rights, 2-23 benefits, or privileges the employee enjoys as a result of 2-24 employment or prior employment, except that the right of an 2-25 individual to cease work may not be abridged if the individual is 2-26 not acting in concert with others in an organized work stoppage. 2-27 Sec. 145.004. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) An 3-1 employee association selected by a petition signed by a majority of 3-2 its sworn police officers in the municipality, excluding the chief 3-3 of police and any officers appointed to a rank without competitive 3-4 examination, may be recognized by the public employer as the sole 3-5 and exclusive bargaining agent for all of the covered employees 3-6 unless and until recognition of the association is withdrawn by a 3-7 majority of those employees. 3-8 (b) In the event of a question about whether an employee 3-9 association is the majority representative of the covered 3-10 employees, the question shall be resolved by a fair election 3-11 conducted according to procedures agreeable to the parties. If the 3-12 parties are unable to agree on the procedures, either party may 3-13 request the American Arbitration Association to conduct the 3-14 election and to certify the election results. Certification of the 3-15 results of the election resolves the question concerning 3-16 representation. The employee association is liable for the 3-17 expenses of the election, except that if two or more associations 3-18 seeking recognition as the bargaining agent each submit a petition 3-19 signed by a majority of the covered employees, the associations 3-20 shall share equally the costs of the election. 3-21 (c) The employee association recognized as the sole and 3-22 exclusive bargaining agent for all police officers of the 3-23 municipality and the municipality shall receive and review 3-24 communications from the various ethnic, fraternal, and labor 3-25 organizations representing police officers in that municipality. 3-26 The employee association recognized as the sole and exclusive 3-27 bargaining agent shall place on the association's negotiating team 4-1 a representative selected by the association that represents 4-2 African-American police officers, the association that represents 4-3 Spanish-speaking police officers, any police labor organization 4-4 with membership exceeding 25 percent of the bargaining unit, and 4-5 any other police employee organization agreeable to both the 4-6 municipality and the recognized employee association. An agreement 4-7 between the public employer and the employee association may not 4-8 prohibit dues deduction for any association that may place a 4-9 representative on the recognized association's negotiating team. 4-10 Sec. 145.005. OPEN MEETINGS REQUIRED. All deliberations 4-11 relating to an agreement between an employee association and a 4-12 public employer shall be open to the public and in compliance with 4-13 other state statutes. 4-14 Sec. 145.006. ENFORCEABILITY OF AGREEMENT. A written 4-15 agreement made under this chapter between a public employer and an 4-16 employee association is enforceable and binding on the public 4-17 employer, the employee association, and the public employees 4-18 covered by the agreement if the governing body of the public 4-19 employer ratifies the agreement by majority vote and the employee 4-20 association ratifies the agreement by majority vote of the members 4-21 of the bargaining unit by secret ballot. A state district court of 4-22 the judicial district in which the municipality is located has full 4-23 authority and jurisdiction on the application of either party 4-24 aggrieved by an action or omission of the other party when the 4-25 action or omission relates to the rights, duties, or obligations 4-26 provided by this chapter. The court may issue proper restraining 4-27 orders, temporary and permanent injunctions, and any other writ, 5-1 order, or process, including contempt orders, that are appropriate 5-2 to enforcing this chapter. 5-3 Sec. 145.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. 5-4 (a) A written agreement under this chapter between a public 5-5 employer and an employee association supersedes a previous statute 5-6 concerning wages, salaries, rates of pay, hours of work, other 5-7 terms and conditions of employment, and affirmative action programs 5-8 to the extent of any conflict with the previous statute. 5-9 (b) A written agreement under this chapter preempts all 5-10 contrary local ordinances, executive orders, legislation, or rules 5-11 adopted by the state or a political subdivision or agent of the 5-12 state, such as a personnel board, a civil service commission, or a 5-13 home-rule municipality. 5-14 SECTION 2. This Act takes effect September 1, 1993. 5-15 SECTION 3. The importance of this legislation and the 5-16 crowded condition of the calendars in both houses create an 5-17 emergency and an imperative public necessity that the 5-18 constitutional rule requiring bills to be read on three several 5-19 days in each house be suspended, and this rule is hereby suspended.