By Lewis of Tarrant                                   H.B. No. 2971
       74R7016 PEP-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain conditions of employment for police officers in
    1-3  certain municipalities.
    1-5        SECTION 1.  Chapter 143, Local Government Code, is amended by
    1-6  adding Subchapter I to read as follows:
    1-8                       IN CERTAIN MUNICIPALITIES
    1-9        Sec. 143.301.  MUNICIPALITIES COVERED BY SUBCHAPTER.  This
   1-10  subchapter applies only to a municipality with a population of
   1-11  440,000 or more that operates under a city manager form of
   1-12  government.  This subchapter does not apply to a municipality:
   1-13              (1)  that has adopted Chapter 174 (The Fire and Police
   1-14  Employee Relations Act); or
   1-15              (2)  to which Subchapter H applies.
   1-16        Sec. 143.302.  DEFINITIONS.  In this subchapter:
   1-17              (1)  "Police officers' association" means an
   1-18  organization in which police officers participate and that exists
   1-19  for the purpose, in whole or in part, of dealing with one or more
   1-20  employers, whether public or private, concerning grievances, labor
   1-21  disputes, wages, rates of pay, hours of employment, or conditions
   1-22  of work affecting public employees.
   1-23              (2)  "Public employer" means any municipality or
   1-24  agency, board, commission, or political subdivision controlled by a
    2-1  municipality that is required to establish the wages, salaries,
    2-2  rates of pay, hours, working conditions, and other terms and
    2-3  conditions of employment of, and affirmative action programs
    2-4  affecting, public employees.  The term may include, under
    2-5  appropriate circumstances, a mayor, manager, administrator of a
    2-6  municipality, municipal governing body, director of personnel,
    2-7  personnel board, or one or more other officials, regardless of the
    2-8  name by which they are designated.
   2-10  RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied
   2-11  local control over wages, salaries, rates of pay, hours of work,
   2-12  other terms and conditions of employment, or other state-mandated
   2-13  personnel issues on which the public employer and the police
   2-14  officers' association that is recognized as the sole and exclusive
   2-15  bargaining agent for all police officers in the municipality agree.
   2-16  A term or condition on which the public employer and the
   2-17  association do not agree is governed by the applicable statutes,
   2-18  local ordinances, and civil service rules.  An agreement must be
   2-19  reduced to writing.  This subchapter does not require the public
   2-20  employer and the association to meet and confer or reach an
   2-21  agreement on any issue.
   2-22        (b)  A public employer and a police officers' association
   2-23  recognized under this subchapter as a sole and exclusive bargaining
   2-24  agent may meet and confer only if the association  does not
   2-25  advocate the right to strike by public employees.
   2-26        (c)  A police officer of a municipality may not engage in a
   2-27  strike or organized work stoppage against this state or a political
    3-1  subdivision of this state.  A police officer who participates in a
    3-2  strike forfeits all civil service rights, reemployment rights, and
    3-3  other rights, benefits, or privileges the police officer enjoys as
    3-4  a result of the officer's employment or previous employment with
    3-5  the municipality.  This subsection does not affect the right of an
    3-6  officer to cease employment if the officer is not acting in concert
    3-7  with other police officers.
    3-9  (a)  The public employer shall recognize a police officers'
   3-10  association that submits a petition signed by a majority of the
   3-11  paid police officers in the municipality, excluding the head of the
   3-12  department and assistant department heads in the rank or
   3-13  classification immediately below that of the department head, as
   3-14  the sole and exclusive bargaining agent for all of the covered
   3-15  police officers unless recognition of the association is withdrawn
   3-16  by a majority of the covered officers.
   3-17        (b)  A question of whether a police officers' association is
   3-18  the majority representative of the covered police officers shall be
   3-19  resolved by a fair election conducted according to procedures
   3-20  agreed on by the parties.  If the parties are unable to agree on
   3-21  election procedures, either party may request the American
   3-22  Arbitration Association to conduct the election and to certify the
   3-23  results.  Certification of the results of an election under this
   3-24  subsection resolves the question concerning representation.  The
   3-25  association shall pay the costs of the election, except that if two
   3-26  or more associations seeking recognition as the bargaining agent
   3-27  submit petitions signed by a majority of the covered police
    4-1  officers, the associations shall share equally the costs of the
    4-2  election.
    4-3        (c)  The public employer's manager or chief executive and the
    4-4  police chief shall designate a team to represent the public
    4-5  employer as its sole and exclusive bargaining agent for issues
    4-6  related to the police department.
    4-7        Sec. 143.305.  OPEN RECORDS REQUIRED.  An agreement made
    4-8  under this subchapter is a public record for purposes of Chapter
    4-9  552, Government Code.  The agreement and any document prepared and
   4-10  used by the municipality in connection with the agreement are
   4-11  available to the public under Chapter 552, Government Code, only
   4-12  after the agreement is ratified by the municipality's governing
   4-13  body.  This section does not affect the application of Subchapter
   4-14  C, Chapter 552, Government Code, to a document prepared and used by
   4-15  the municipality in connection with the agreement.
   4-16        Sec. 143.306.  ENFORCEABILITY OF AGREEMENT.  (a)  A written
   4-17  agreement made under this subchapter between a public employer and
   4-18  a police officers' association is binding on the public employer,
   4-19  the association, and police officers covered by the agreement if:
   4-20              (1)  the municipality's governing body ratifies the
   4-21  agreement by a majority vote; and
   4-22              (2)  the association ratifies the agreement by a
   4-23  majority vote of its members by secret ballot.
   4-24        (b)  An agreement ratified as described by Subsection (a) may
   4-25  establish a procedure by which the parties agree to resolve
   4-26  disputes related to a right, duty, or obligation provided by the
   4-27  agreement, including binding arbitration on interpretation of the
    5-1  agreement.
    5-2        (c)  The district court of the judicial district in which the
    5-3  municipality is located has full authority and jurisdiction on the
    5-4  application of either party aggrieved by an act or omission of the
    5-5  other party related to a right, duty, or obligation provided by a
    5-6  written agreement ratified as described by Subsection (a).  The
    5-7  court may issue proper restraining orders, temporary and permanent
    5-8  injunctions, or any other writ, order, or process, including a
    5-9  contempt order, that is appropriate to enforce the agreement.
   5-11  (a)  An agreement under this subchapter supersedes a previous
   5-12  statute concerning wages, salaries, rates of pay, hours of work,
   5-13  other terms and conditions of employment, or an affirmative action
   5-14  program to the extent of any conflict with the statute.
   5-15        (b)  An agreement under this subchapter preempts any contrary
   5-16  statute, executive order, local ordinance, or rule adopted by the
   5-17  state or a political subdivision or agent of the state, including a
   5-18  personnel board, a civil service commission, or a home-rule
   5-19  municipality.
   5-20        (c)  An agreement under this subchapter may not diminish or
   5-21  qualify any right, benefit, or privilege of an employee under this
   5-22  chapter or other law unless approved by a majority vote by secret
   5-23  ballot of the members of the police officers' association
   5-24  recognized as a sole and exclusive bargaining agent.
   5-25        Sec. 143.308.  REPEAL OF AGREEMENT BY ELECTORATE.  Not later
   5-26  than the 45th day after the date an agreement is ratified by both
   5-27  the municipality and the police officers' association, a petition
    6-1  signed by at least 10 percent of the qualified voters of the
    6-2  municipality may be presented to the municipal secretary calling an
    6-3  election for the repeal of the agreement. On receipt of the
    6-4  petition by the municipal secretary, the governing body shall
    6-5  reconsider the agreement and either repeal the agreement or call an
    6-6  election of the qualified voters to determine if they desire to
    6-7  repeal the agreement.  The election shall be called for the next
    6-8  municipal election or a special election called by the governing
    6-9  body for that purpose.  If at the election a majority of the votes
   6-10  are cast in favor of the repeal of the adoption of the agreement,
   6-11  the agreement is void.  The ballot shall be printed to permit
   6-12  voting for or against the proposition: "Repeal of the adoption of
   6-13  the agreement ratified by the municipality and the police officers'
   6-14  association concerning wages, salaries, rates of pay, hours of
   6-15  work, and other terms and conditions of employment."
   6-16        Sec. 143.309.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.  (a)
   6-17  For the purpose of any disciplinary appeal to the civil service
   6-18  commission or to a hearing examiner, a member of the bargaining
   6-19  unit may choose to be represented by any person of the member's
   6-20  choice or by the police officers' association.
   6-21        (b)  An agreement may not interfere with the right of a
   6-22  member of a police officers' association to pursue allegations of
   6-23  discrimination based on race, creed, color, national origin,
   6-24  religion, age, sex, or disability with the Commission on Human
   6-25  Rights or the Equal Employment Opportunity Commission or to pursue
   6-26  affirmative action litigation.
   6-27        Sec. 143.310.  BINDING INTEREST ARBITRATION.  A municipality
    7-1  may be required to submit to binding interest arbitration only if
    7-2  approved by a majority of those voting in a public referendum
    7-3  conducted in accordance with the municipality's charter.  This
    7-4  subsection does not affect any disciplinary arbitration or
    7-5  arbitration provision in a ratified agreement.
    7-7  BELOW DEPARTMENT HEAD.  Section 143.014(c) does not apply to a
    7-8  municipality to which this subchapter applies.
    7-9        SECTION 2.  The importance of this legislation and the
   7-10  crowded condition of the calendars in both houses create an
   7-11  emergency and an imperative public necessity that the
   7-12  constitutional rule requiring bills to be read on three several
   7-13  days in each house be suspended, and this rule is hereby suspended,
   7-14  and that this Act take effect and be in force from and after its
   7-15  passage, and it is so enacted.