1-1 By: Brown S.B. No. 433 1-2 (In the Senate - Filed February 22, 1993; February 23, 1993, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; April 6, 1993, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 0; 1-6 April 6, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Armbrister x 1-10 Leedom x 1-11 Carriker x 1-12 Henderson x 1-13 Madla x 1-14 Moncrief x 1-15 Patterson x 1-16 Rosson x 1-17 Shapiro x 1-18 Wentworth x 1-19 Whitmire x 1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 433 By: Moncrief 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the right of certain municipalities to maintain local 1-24 control over wages, hours, and other terms and conditions of 1-25 employment of certain employees. 1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-27 SECTION 1. Subtitle A, Title 5, Local Government Code, is 1-28 amended by adding Chapter 145 to read as follows: 1-29 CHAPTER 145. LOCAL CONTROL OF MUNICIPAL 1-30 EMPLOYMENT MATTERS 1-31 Sec. 145.001. POPULATION. This chapter applies only to a 1-32 municipality with a population of 1.5 million or more. 1-33 Sec. 145.002. DEFINITIONS. In this chapter: 1-34 (1) "Police employee representation committee" means 1-35 an organization of any kind, or any agency or association or plan, 1-36 in which police officers participate and which exists for the 1-37 purpose, in whole or part, of dealing with one or more employers, 1-38 whether public or private, concerning grievances, labor disputes, 1-39 wages, rates of pay, hours of employment, or conditions of work 1-40 affecting police employees. 1-41 (2) "Public employer" means any municipality or 1-42 agency, board, commission, or political subdivision controlled by a 1-43 municipality that is required to establish the wages, salaries, 1-44 rates of pay, hours, working conditions, and other terms and 1-45 conditions of employment of public employees. The term may 1-46 include, under appropriate circumstances, a mayor, manager, 1-47 administrator of a municipality, municipal governing body, director 1-48 of personnel, personnel board, or one or more other officials, 1-49 regardless of the name by which they are designated. 1-50 (3) "Chief negotiator" means an individual who is 1-51 selected by the police employee representation committee to be the 1-52 chief spokesperson in negotiations with the public employer. 1-53 Sec. 145.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, 1-54 RECOGNITION, AND STRIKES. (a) A municipality may not be denied 1-55 local control over the wages, salaries, rates of pay, hours of 1-56 work, other terms and conditions of employment, or other 1-57 state-mandated personnel issues if the public employer and the 1-58 police employee representation committee recognized as the sole and 1-59 exclusive bargaining agent for all officers covered by this chapter 1-60 come to a mutual agreement on any of the terms listed above. If no 1-61 agreement is reached, the existing state laws, local ordinances, 1-62 and civil service rules remain unaffected. All agreements shall be 1-63 reduced to writing. Nothing in this chapter shall require either 1-64 party to meet and confer on any issue or reach an agreement. 1-65 (b) A public employer may only meet and confer if the police 1-66 employee representation committee recognized under this chapter as 1-67 the sole and exclusive bargaining agent does not advocate the 1-68 illegal right to strike by public employees. 2-1 (c) Employees of a municipality may not engage in strikes or 2-2 organized work stoppages against this state or a municipality of 2-3 this state. An employee who participates in a strike forfeits all 2-4 civil service rights, reemployment rights, and any other rights, 2-5 benefits, or privileges the employee enjoys as a result of 2-6 employment or prior employment, except that the right of an 2-7 individual to cease work may not be abridged if the individual is 2-8 not acting in concert with others in an organized work stoppage. 2-9 Sec. 145.004. RECOGNITION. (a) The police employee 2-10 representation committee recognized as the sole and exclusive 2-11 bargaining agent shall be composed of one representative from each 2-12 police employee organization that has a membership of 150 or more 2-13 active dues-paying members of the bargaining unit on passage of 2-14 this chapter. Before any proposed agreement is to be submitted by 2-15 the police employee representation committee for a ratification 2-16 vote of the members of the bargaining unit pursuant to Section 2-17 145.005, the proposed agreement must be approved by each police 2-18 employee organization's representative. 2-19 (b) Unless and until recognition of the police employee 2-20 representation committee is withdrawn by a majority vote of the 2-21 members of the bargaining unit, the police employee representation 2-22 committee may be recognized by the public employer as the sole and 2-23 exclusive bargaining agent for all sworn officers except the chief 2-24 of police and officers appointed to a rank without a competitive 2-25 examination. 2-26 (c) Nothing in this chapter shall prohibit the police 2-27 employee representation committee recognized as the sole and 2-28 exclusive bargaining agent from appointing a chief negotiator. 2-29 (d) No agreement between the public employer and police 2-30 employee representation committee recognized as the sole and 2-31 exclusive bargaining agent shall prohibit dues deduction for the 2-32 police employee organizations described in Subsection (a). 2-33 Sec. 145.005. ENFORCEABILITY OF AGREEMENT. A written 2-34 agreement made under this chapter between a public employer and the 2-35 police employee representation committee recognized as the sole and 2-36 exclusive bargaining agent is enforceable and binding on the public 2-37 employer, police employee representation committee recognized as 2-38 the sole and exclusive bargaining agent, and the police officers 2-39 covered by the agreement, if the governing body ratified the 2-40 agreement by majority vote and the police employee representation 2-41 committee recognized as the sole and exclusive bargaining agent 2-42 ratified the agreement by a majority vote of the members of the 2-43 bargaining unit by secret ballot. A state district court of a 2-44 judicial district in which the municipality is located has full 2-45 authority and jurisdiction on the application of either party 2-46 aggrieved by an action or omission of the other party when the 2-47 action or omission is related to a right, duty, or obligation 2-48 stated in a written agreement made and ratified under this chapter. 2-49 The court may issue proper restraining orders, temporary and 2-50 permanent injunctions, and any other writ, order, or process, 2-51 including contempt orders, that are appropriate to enforce any 2-52 written agreement ratified by both the public employer and the 2-53 police employee representation committee recognized as the sole and 2-54 exclusive bargaining agent. 2-55 Sec. 145.006. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. 2-56 (a) A written agreement under this chapter between a public 2-57 employer and the police employee representation committee 2-58 recognized as the sole and exclusive bargaining agent supersedes a 2-59 previous statute concerning wages, salaries, rates of pay, hours of 2-60 work, and other terms and conditions of employment to the extent of 2-61 any conflict with the previous statute. 2-62 (b) A written agreement under this chapter preempts all 2-63 contrary local ordinances, executive orders, legislation, or rules 2-64 adopted by the state or a political subdivision or agent of the 2-65 state, such as a personnel board, a civil service commission, or a 2-66 home-rule municipality. 2-67 (c) An agreement under this chapter may not diminish or 2-68 qualify any right, benefit, or privilege of an employee under this 2-69 chapter or other law unless approved by a majority vote by secret 2-70 ballot of the members of the bargaining unit. 3-1 Sec. 145.007. REPEAL OF AGREEMENT BY ELECTORATE. Within 30 3-2 days after the first agreement is ratified and signed by both the 3-3 municipality and the police employee representation committee 3-4 recognized as the sole and exclusive bargaining agent, a petition 3-5 signed by 15 percent of the registered voters may be presented to 3-6 the governing body calling an election for the repeal of the 3-7 agreement. The governing body shall call an election of the 3-8 qualified voters at the next uniform date set by the Election Code 3-9 to determine if they desire to repeal the agreement. If at the 3-10 election a majority of the votes cast favor the repeal of the 3-11 adoption of the agreement, then the agreement shall become null and 3-12 void. The ballot shall be printed to provide for voting for or 3-13 against the proposition: 3-14 "Repeal of the adoption of the agreement ratified by the 3-15 municipality and the police employee representation committee 3-16 concerning wages, salaries, rates or pay, hours of work, and other 3-17 terms and conditions of employment." 3-18 Sec. 145.008. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. 3-19 (a) For the purpose of any disciplinary appeal to either the civil 3-20 service commission or a hearing examiner, all members of the 3-21 bargaining unit shall have the right to choose to be represented by 3-22 any person of their choice or police employee organization. 3-23 (b) No agreement shall interfere in the right of members of 3-24 the bargaining unit to pursue allegations of discrimination based 3-25 on race, creed, color, national origin, religion, age, sex, or 3-26 disability with the Commission on Human Rights or the Equal 3-27 Employment Opportunity Commission or to pursue affirmative action 3-28 litigation. 3-29 SECTION 2. This Act takes effect September 1, 1993. 3-30 SECTION 3. The importance of this legislation and the 3-31 crowded condition of the calendars in both houses create an 3-32 emergency and an imperative public necessity that the 3-33 constitutional rule requiring bills to be read on three several 3-34 days in each house be suspended, and this rule is hereby suspended. 3-35 * * * * * 3-36 Austin, 3-37 Texas 3-38 April 6, 1993 3-39 Hon. Bob Bullock 3-40 President of the Senate 3-41 Sir: 3-42 We, your Committee on Intergovernmental Relations to which was 3-43 referred S.B. No. 433, have had the same under consideration, and I 3-44 am instructed to report it back to the Senate with the 3-45 recommendation that it do not pass, but that the Committee 3-46 Substitute adopted in lieu thereof do pass and be printed. 3-47 Armbrister, 3-48 Chairman 3-49 * * * * * 3-50 WITNESSES 3-51 FOR AGAINST ON 3-52 ___________________________________________________________________ 3-53 Name: Rosa L. Parker x 3-54 Representing: Organization of Spanish Speak. 3-55 City: Houston 3-56 ------------------------------------------------------------------- 3-57 Name: D. L. Dally Willis x 3-58 Representing: Communications Workers of Am. 3-59 City: Midland 3-60 ------------------------------------------------------------------- 3-61 Name: Tommy Britt x 3-62 Representing: Houston Police Officers Assoc. 3-63 City: Houston 3-64 ------------------------------------------------------------------- 3-65 FOR AGAINST ON 3-66 ___________________________________________________________________ 3-67 Name: D. Simpson x 3-68 Representing: Amer. Fed. of State County 3-69 City: Austin 3-70 ------------------------------------------------------------------- 4-1 Name: Glenn White x 4-2 Representing: Dallas Police Assoc. 4-3 City: Dallas 4-4 ------------------------------------------------------------------- 4-5 Name: May Walker 4-6 Representing: Afro Amer. Police Office. Leg 4-7 City: Houston 4-8 ------------------------------------------------------------------- 4-9 Name: Mark Clark x 4-10 Representing: CLEAT 4-11 City: Austin 4-12 ------------------------------------------------------------------- 4-13 Name: Ronald G. Delord x 4-14 Representing: CLEAT 4-15 City: Austin 4-16 ------------------------------------------------------------------- 4-17 Name: Michael L. Howard x 4-18 Representing: Houston Police Patrolmens Unio 4-19 City: Houston 4-20 ------------------------------------------------------------------- 4-21 Name: Ignacio Aranda x 4-22 Representing: Org of Spanish Speaking Offic 4-23 City: Houston 4-24 ------------------------------------------------------------------- 4-25 Name: Lionel Aaron x 4-26 Representing: Afro America Police Officers 4-27 City: Houston 4-28 ------------------------------------------------------------------- 4-29 Name: Charles M. Ramirez x 4-30 Representing: Mexican American Sheriffs 4-31 City: Houston 4-32 ------------------------------------------------------------------- 4-33 Name: Steve R. Benhavies x 4-34 Representing: O.S.S.O. 4-35 City: Houston 4-36 ------------------------------------------------------------------- 4-37 Name: Felix Garcia x 4-38 Representing: O.S.S.O. 4-39 City: Houston 4-40 ------------------------------------------------------------------- 4-41 Name: Adrian Garcia x 4-42 Representing: Latino Peace Officers Assoc. 4-43 City: Houston 4-44 ------------------------------------------------------------------- 4-45 Name: Ignacio Aranda x 4-46 Representing: Houston Police Organ. Spanish 4-47 City: Houston 4-48 -------------------------------------------------------------------