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
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    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
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   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
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   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
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