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 -------------------------------------------------------------------