By Barrientos S.B. No. 1562
74R5874 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain conditions of employment for sheriff's
1-3 departments in certain counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 158, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. LOCAL CONTROL OF EMPLOYMENT MATTERS
1-8 IN CERTAIN COUNTIES
1-9 Sec. 158.071. COUNTIES COVERED BY SUBCHAPTER. This
1-10 subchapter applies only to a county with a population of 575,000 or
1-11 more. This subchapter does not apply to a county that has adopted
1-12 Chapter 174 (The Fire and Police Employee Relations Act).
1-13 Sec. 158.072. DEFINITIONS. In this subchapter:
1-14 (1) "Association" means an organization in which
1-15 deputy sheriffs, detention officers, and other employees covered
1-16 under Subchapter B participate and that exists for the purpose, in
1-17 whole or in part, of dealing with one or more employers, whether
1-18 public or private, concerning grievances, labor disputes, wages,
1-19 rates of pay, hours of employment, or conditions of work affecting
1-20 public employees.
1-21 (2) "Public employer" means any county or agency,
1-22 board, commission, or political subdivision controlled by a county
1-23 that is required to establish the wages, salaries, rates of pay,
1-24 hours, working conditions, and other terms and conditions of
2-1 employment of public employees. The term may include, under
2-2 appropriate circumstances, a county judge, manager or administrator
2-3 of a county, commissioners court, director of personnel, or
2-4 personnel board or one or more other officials, regardless of the
2-5 name by which they are designated.
2-6 Sec. 158.073. GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-7 RECOGNITION, AND STRIKES. (a) A county may not be denied local
2-8 control over wages, salaries, rates of pay, hours of work, other
2-9 terms and conditions of employment, or other state-mandated
2-10 personnel issues if the public employer and an association that is
2-11 recognized as the sole and exclusive bargaining agent for all
2-12 employees covered by this subchapter agree. A term or condition on
2-13 which the public employer and the association do not agree is
2-14 governed by the applicable statutes, local ordinances, and civil
2-15 service rules. An agreement must be reduced to writing. This
2-16 subchapter does not require the public employer and the association
2-17 to meet and confer or reach an agreement on any issue.
2-18 (b) A public employer and an association recognized under
2-19 this subchapter as a sole and exclusive bargaining agent may meet
2-20 and confer only if the association does not advocate the illegal
2-21 right to strike by public employees.
2-22 (c) Sheriff's department employees may not engage in a
2-23 strike or organized work stoppage against this state or a political
2-24 subdivision of this state. An employee who participates in a
2-25 strike forfeits all civil service rights, reemployment rights, and
2-26 other rights, benefits, or privileges the employee enjoys as a
2-27 result of the person's employment or previous employment with the
3-1 county. This subsection does not affect the right of a person to
3-2 cease employment if the person is not acting in concert with others
3-3 in an organized work stoppage.
3-4 Sec. 158.074. RECOGNITION OF SHERIFF'S DEPARTMENT
3-5 ASSOCIATION. (a) The public employer may recognize an association
3-6 that submits a petition signed by a majority of the paid employees
3-7 of the sheriff's department, excluding the sheriff, chief deputy,
3-8 and any exempt employees under Subchapter B, as the sole and
3-9 exclusive bargaining agent for all of the covered employees unless
3-10 recognition of the association is withdrawn by a majority of the
3-11 covered employees.
3-12 (b) A question of whether an association is the majority
3-13 representative of the covered employees shall be resolved by a fair
3-14 election conducted according to procedures agreed on by the
3-15 parties. If the parties are unable to agree on election
3-16 procedures, either party may request the American Arbitration
3-17 Association to conduct the election and to certify the results.
3-18 Certification of the results of an election under this subsection
3-19 resolves the question concerning representation. The association
3-20 shall pay the costs of the election, except that if two or more
3-21 associations seeking recognition as the bargaining agent submit
3-22 petitions signed by a majority of the covered employees, the
3-23 associations shall share equally the costs of the election.
3-24 Sec. 158.075. OPEN MEETINGS REQUIRED. A deliberation
3-25 relating to an agreement made under this subchapter is an open
3-26 meeting for purposes of Chapter 551, Government Code.
3-27 Sec. 158.076. ENFORCEABILITY OF AGREEMENT. (a) A written
4-1 agreement made under this subchapter between a public employer and
4-2 an association recognized as the sole and exclusive bargaining
4-3 agent is binding on the public employer, the association, and
4-4 employees covered by the agreement if:
4-5 (1) the commissioners court ratifies the agreement by
4-6 a majority vote; and
4-7 (2) the applicable association ratifies the agreement
4-8 by a majority vote of its members by secret ballot.
4-9 (b) The district court of the judicial district in which the
4-10 county is located has full authority and jurisdiction on the
4-11 application of either party aggrieved by an act or omission of the
4-12 other party related to a right, duty, or obligation provided by a
4-13 written agreement ratified as described by Subsection (a). The
4-14 court may issue proper restraining orders, temporary and permanent
4-15 injunctions, or any other writ, order, or process, including a
4-16 contempt order, that is appropriate to enforce the agreement.
4-17 Sec. 158.077. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
4-18 (a) An agreement under this subchapter supersedes a previous
4-19 statute concerning wages, salaries, rates of pay, hours of work,
4-20 other terms and conditions of employment, or affirmative action
4-21 programs to the extent of any conflict with the statute.
4-22 (b) An agreement under this subchapter preempts any contrary
4-23 statute, executive order, local ordinance, or rule adopted by the
4-24 state or a political subdivision or agent of the state, including a
4-25 personnel board or a civil service commission.
4-26 (c) An agreement under this subchapter may not diminish or
4-27 qualify any right, benefit, or privilege of an employee under this
5-1 chapter or other law unless approved by a majority vote by secret
5-2 ballot of the members of the association recognized as a sole and
5-3 exclusive bargaining agent.
5-4 Sec. 158.078. REPEAL OF AGREEMENT BY ELECTORATE. Not later
5-5 than the 45th day after the date an agreement is ratified by both
5-6 the county and the association, a petition signed by a number of
5-7 qualified voters equal to 10 percent of the votes cast in the
5-8 county in the most recent general election may be presented to the
5-9 county clerk calling an election for the repeal of the agreement.
5-10 On receipt of the petition by the county clerk, the commissioners
5-11 court shall reconsider the agreement and either repeal the
5-12 agreement or call an election of the qualified voters to determine
5-13 if they desire to repeal the agreement. The election shall be
5-14 called for the next general election or a special election called
5-15 by the county commissioners for that purpose. If at the election a
5-16 majority of the votes are cast in favor of the repeal of the
5-17 adoption of the agreement, the agreement is void. The ballot shall
5-18 be printed to permit voting for or against the proposition: "Repeal
5-19 of the adoption of the agreement ratified by the county and the
5-20 sheriff's department association concerning wages, salaries, rates
5-21 of pay, hours of work, and other terms and conditions of
5-22 employment."
5-23 Sec. 158.079. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a)
5-24 For the purpose of any disciplinary appeal to the civil service
5-25 commission or to a hearing examiner, a member of the association
5-26 may choose to be represented by any person of the member's choice
5-27 or by the association.
6-1 (b) An agreement may not interfere with the right of a
6-2 member of the association to pursue allegations of discrimination
6-3 based on race, creed, color, national origin, religion, age, sex,
6-4 or disability with the Commission on Human Rights or the Equal
6-5 Employment Opportunity Commission or to pursue affirmative action
6-6 litigation.
6-7 SECTION 2. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended,
6-12 and that this Act take effect and be in force from and after its
6-13 passage, and it is so enacted.