By:  Ellis                                             S.B. No. 535
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the right of certain municipalities to maintain local
    1-2  control over wages, hours, and other terms and conditions of
    1-3  employment.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle C, Title 5, Local Government Code, is
    1-6  amended by adding Chapter 174 to read as follows:
    1-7          CHAPTER 174.  LOCAL CONTROL OF MUNICIPAL AND COUNTY
    1-8                          EMPLOYMENT MATTERS
    1-9        Sec. 174.001.  POPULATION.  This chapter applies only to a
   1-10  municipality with a population of 1.5 million or more.
   1-11        Sec. 174.002.  DEFINITIONS.  In this chapter:
   1-12              (1)  "Employee association" means an organization in
   1-13  which public employees participate and which exists for the
   1-14  purpose, in whole or part, of dealing with one or more employers
   1-15  whether public or private concerning grievances, labor disputes,
   1-16  wages, rates of pay, hours of employment, or conditions of work
   1-17  affecting public employees.
   1-18              (2)  "Public employer" means any municipality or
   1-19  agency, board, commission, or political subdivision controlled by a
   1-20  municipality which is required to establish the wages, salaries,
   1-21  rates of pay, hours, working conditions, other terms and conditions
   1-22  of employment, and affirmative action programs of public employees.
   1-23  The term may include, under appropriate circumstances, a mayor,
    2-1  manager, administrator of a municipality, municipal governing body,
    2-2  director of personnel, personnel board, or one or more other
    2-3  officials regardless of the name by which they are designated.
    2-4        Sec. 174.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
    2-5  RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied
    2-6  local control over the wages, salaries, rates of pay, hours of
    2-7  work, other terms and conditions of employment, affirmative action
    2-8  programs, or other state-mandated personnel issues.  A public
    2-9  employer may enter into a mutual written agreement governing these
   2-10  issues with an employee association that does not advocate the
   2-11  illegal right to strike by public employees.
   2-12        (b)  A municipality may recognize an employee association
   2-13  that does not advocate the illegal right to strike by public
   2-14  employees as the negotiating agent for any group of public
   2-15  employees so requesting such representation under this chapter.
   2-16        (c)  Employees of a municipality may not engage in strikes or
   2-17  organized work stoppages against the state or a municipality of the
   2-18  state.  An employee who participates in a strike forfeits all civil
   2-19  service rights, reemployment rights, and any other rights,
   2-20  benefits, or privileges the employee enjoys as a result of
   2-21  employment or prior employment, except that the right of an
   2-22  individual to cease work may not be abridged if the individual is
   2-23  not acting in concert with others in an organized work stoppage.
   2-24        Sec. 174.004.  RECOGNITION OF EMPLOYEE ASSOCIATION.  (a)  An
   2-25  employee association selected by a petition signed by a majority of
    3-1  the nonclassified employees of the municipality, excluding
    3-2  department directors, may be recognized by the public employer as
    3-3  the sole and exclusive negotiating agent for all of the covered
    3-4  employees unless and until recognition of the association is
    3-5  withdrawn by a majority of those employees.
    3-6        (b)  In the event of a question about whether an employee
    3-7  association is the majority representative of the covered
    3-8  employees, the question shall be resolved by a fair election
    3-9  conducted according to procedures agreeable to the parties.  If the
   3-10  parties are unable to agree on such procedures, either party may
   3-11  request the American Arbitration Association to conduct the
   3-12  elections and to certify the results.  Certification of the results
   3-13  of an election resolves the question concerning representation.
   3-14  The employee association is liable for the expenses of the
   3-15  election, except that if two or more associations seeking
   3-16  recognition as the negotiating agent submit petitions signed by a
   3-17  majority of the covered employees, the associations shall share
   3-18  equally the costs of the election.
   3-19        Sec. 174.006.  OPEN MEETINGS REQUIRED.  All deliberations
   3-20  relating to an agreement between an employee association and a
   3-21  public employer shall be open to the public and in compliance with
   3-22  other state statutes.
   3-23        Sec. 174.007.  ENFORCEABILITY OF AGREEMENT.  A written
   3-24  agreement made under this chapter between a public employer and an
   3-25  employee association is enforceable and binding on the public
    4-1  employer, the employee association, and the public employees
    4-2  covered by the agreement if the governing body ratifies the
    4-3  agreement by majority vote and the employee association ratifies
    4-4  the agreement by a majority vote of the members of the negotiating
    4-5  unit by secret ballot.  The state district court of the judicial
    4-6  district in which the municipality is located has full authority
    4-7  and jurisdiction over the application of either party aggrieved by
    4-8  an action or omission of the other party when the action or
    4-9  omission relates to the rights, duties, or obligations provided by
   4-10  this chapter.  The court may issue proper restraining orders,
   4-11  temporary and permanent injunctions, and any other writs, orders,
   4-12  or processes, including contempt orders, that are appropriate to
   4-13  enforcing this chapter.
   4-14        Sec. 174.008.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
   4-15  (a)  A written agreement under this chapter between a public
   4-16  employer and an employee association supersedes a previous statute
   4-17  concerning wages, salaries, rates of pay, hours of work, other
   4-18  terms and conditions of employment, and affirmative action programs
   4-19  to the extent of any conflict with the previous statute.
   4-20        (b)  A written agreement under this chapter preempts all
   4-21  contrary local ordinances, executive orders, legislation, or rules
   4-22  adopted by the state or a political subdivision or agent of the
   4-23  state such as a personnel board, a civil service commission, or a
   4-24  home-rule municipality.
   4-25        SECTION 2.  This Act takes effect September 1, 1993.
    5-1        SECTION 3.  The importance of this legislation and the
    5-2  crowded condition of the calendars in both houses create an
    5-3  emergency and an imperative public necessity that the
    5-4  constitutional rule requiring bills to be read on three several
    5-5  days in each house be suspended, and this rule is hereby suspended.