By Gallegos                                     S.B. No. 1282

      75R6796 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to collective bargaining agreements for police officers in

 1-3     certain municipalities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 142, Local Government Code, is amended by

 1-6     designating Sections 142.001-142.011 as Subchapter A, Chapter 142,

 1-7     Local Government Code, and adding a subchapter heading to read as

 1-8     follows:

 1-9                    SUBCHAPTER A.  ASSISTANCE, BENEFITS,

1-10                           AND WORKING CONDITIONS

1-11           SECTION 2.  Chapter 142, Local Government Code, is amended by

1-12     adding Subchapter B to read as follows:

1-13                      SUBCHAPTER B.  POLICE DEPARTMENT

1-14                       COLLECTIVE BARGAINING CONTRACTS

1-15           Sec. 142.051.  APPLICABILITY.  This subchapter applies only

1-16     to a municipality with a population of 1,500,000 or more that has

1-17     not adopted Chapter 174.

1-18           Sec. 142.052.  DEFINITIONS.  In this subchapter:

1-19                 (1)  "Certified bargaining agent" means an agent

1-20     recognized under Section 142.055.

1-21                 (2)  "Collective bargaining contract" means the terms

1-22     to which the certified bargaining agent recognized under Section

1-23     142.055 and the public employer have voluntarily agreed.

1-24                 (3)  "Member of the police department" has the meaning

 2-1     assigned by Section 142.010.

 2-2                 (4)  "Public employer" means the municipality or the

 2-3     agency, board, commission, or department controlled by the

 2-4     municipality that is required to establish the wages, rates of pay,

 2-5     hours, working conditions, and other terms and conditions of

 2-6     employment of, and affirmative action programs affecting, members

 2-7     of the police department.  The term may, when appropriate, include

 2-8     the mayor, manager, or administrator of the municipality, a

 2-9     municipal governing body, the director of personnel, a personnel

2-10     board, or one or more other officials.

2-11                 (5)  "Existing employee association" means an

2-12     organization recognized under Section 142.055 in which police

2-13     officers participate and that exists in whole or in part for the

2-14     purpose of representing public or private employees in their

2-15     relations with one or more public or private employers concerning

2-16     grievances, labor disputes, wages, rates of pay, hours of

2-17     employment, or other conditions of work affecting the employees.

2-18           Sec. 142.053.  LOCAL CONTROL; STRIKES.  (a)  Except as

2-19     provided by Section 142.058(b), a municipality may not be denied

2-20     local control over wages, rates of pay, hours of work, affirmative

2-21     action programs, other terms and conditions of employment, or other

2-22     state-mandated personnel issues on which the public employer and

2-23     the certified bargaining agent agree in writing.  A term or

2-24     condition on which the public employer and the certified bargaining

2-25     agent do not have a written contract is governed by applicable

2-26     statutes, local ordinances, and civil service rules.  This

2-27     subchapter does not require the public employer and the certified

 3-1     bargaining agent to meet and bargain collectively or reach an

 3-2     agreement on any issue.

 3-3           (b)  A public employer and the certified bargaining agent may

 3-4     meet and bargain collectively only if the certified bargaining

 3-5     agent does not advocate the right to strike by members of the

 3-6     police department.  A certified bargaining agent that advocates a

 3-7     strike by members of the police department loses its recognition as

 3-8     the sole and exclusive bargaining agent for all police officers and

 3-9     is subject to injunctive relief, a suit for damages, or other legal

3-10     remedy.

3-11           (c)  A member of the police department may not engage in a

3-12     strike or organized work stoppage against this state or a political

3-13     subdivision of this state.  A member of the police department who

3-14     participates in a strike forfeits all civil service rights,

3-15     reemployment rights, and other rights, benefits, or privileges the

3-16     member of the police department enjoys as a result of the member's

3-17     employment or previous employment with the municipality.  This

3-18     subsection does not affect the right of a member of the police

3-19     department to cease employment if the member is not acting in

3-20     concert with other members of the police department.

3-21           Sec. 142.054.  EMPLOYEE RIGHTS.  (a)  A member of the police

3-22     department below the rank of assistant chief has the right to form,

3-23     join, and participate in the activities of an employee organization

3-24     of the member's choice for the purpose of representation on matters

3-25     of wages, rates of pay, hours, benefits, and other terms or

3-26     conditions of employment.

3-27           (b)  A member of the police department has the right to

 4-1     refuse to join and to refuse to participate in an activity of an

 4-2     employee organization.

 4-3           (c)  A member of the police department has the right to

 4-4     choose to have the person's individual grievance heard with or

 4-5     without representation by an employee organization, without any

 4-6     representation, or with representation of the member's choice.  The

 4-7     resolution of an individual grievance must be in accord with the

 4-8     terms of any contract under this subchapter that is in effect and

 4-9     applicable to all of the members of the police department.

4-10           (d)  The public employer, a member of the police department,

4-11     or the certified bargaining agent may not interfere with,

4-12     intimidate, restrain, coerce, or discriminate against any member of

4-13     the police department because the member exercised the member's

4-14     rights under this section.

4-15           Sec. 142.055.  RECOGNITION OF CERTIFIED AGENT.  (a)  To be

4-16     eligible for selection under Subsection (b) or (c), a person must

4-17     be an independent agent not affiliated with any existing employee

4-18     association in the five years before the date of selection under

4-19     Subsection (b) or (c).

4-20           (b)  Except as provided in Subsection (a), the public

4-21     employer shall recognize and certify as the certified bargaining

4-22     agent the person elected by a unanimous vote of the existing

4-23     employee associations.

4-24           (c)  If it is clear that a unanimous election is not

4-25     possible, each existing employee association shall nominate two

4-26     candidates to be voted on by the members of the police department.

4-27     If no candidate receives a majority of the votes cast, a runoff

 5-1     election shall occur between the two candidates receiving the

 5-2     greatest number of votes.  The public employer shall certify as the

 5-3     certified bargaining agent the candidate who receives a majority of

 5-4     the votes cast.  Under this subsection, the election process shall

 5-5     be conducted in a manner so that the selection of a bargaining

 5-6     agent is completed within 60 days after the date a candidate is

 5-7     nominated.

 5-8           (d)  An existing employee association shall submit to the

 5-9     certified bargaining agent a proposal relating to wages, rates of

5-10     pay, hours, benefits, and other conditions of work affecting the

5-11     members of the police department within 30 days after the date the

5-12     bargaining agent is certified.

5-13           (e)  Each existing employee association shall share equally

5-14     all fees and expenses of a certified bargaining agent or an

5-15     election relating to a collective bargaining contract.  If an

5-16     existing employee association fails to pay a fee or expense within

5-17     60 days after the date the fee is due, the existing employee

5-18     association may not be recognized for the purposes of this

5-19     subchapter until the existing employee association pays the past

5-20     due fee plus 10 percent interest and any past due expenses.

5-21           Sec. 142.056.  COLLECTIVE BARGAINING.  When the public

5-22     employer and the certified bargaining agent agree to bargain

5-23     collectively, the employer and the certified bargaining agent have

5-24     the obligation to meet at reasonable times, to confer in good

5-25     faith, and, if requested by either party, to reduce to a written

5-26     contract the matters to which the parties agree.  A party is not

5-27     required to agree to a proposal or make a concession.

 6-1           Sec. 142.057.  BARGAINING ISSUES.  When the public employer

 6-2     and the certified bargaining agent agree to bargain collectively,

 6-3     the employer and the certified bargaining agent have the duty to

 6-4     bargain with respect to wages, rates of pay, hours, benefits, and

 6-5     other terms or conditions of employment.  The public employer's

 6-6     representative on request shall bargain in good faith with the

 6-7     certified bargaining agent and shall fully consider all proposals

 6-8     submitted by the certified association to the public employer that

 6-9     are appropriate subjects under this section.

6-10           Sec. 142.058.  COLLECTIVE BARGAINING CONTRACT.  (a)  An

6-11     agreement reached by the representative of the public employer and

6-12     the certified bargaining agent shall be in writing.  The contract

6-13     is a mutual recommendation to be submitted jointly to the governing

6-14     body of the municipality.

6-15           (b)  The contract may not supersede a constitutional,

6-16     statutory, or charter provision that concerns the same issues.

6-17           (c)  The term of the contract may not exceed three years.

6-18           (d)  A collective bargaining contract is not binding on the

6-19     parties unless:

6-20                 (1)  the members of the police department have ratified

6-21     the contract by a majority vote of the members voting on the issue

6-22     in a secret ballot, with all members of the police department

6-23     entitled to an opportunity to vote on the issue; and

6-24                 (2)  the governing body of the municipality has acted

6-25     by majority vote to approve the contract.

6-26           (e)  The governing body of the municipality shall complete

6-27     all necessary procedures, including amendments to municipal

 7-1     policies, ordinances, and budget appropriations required to

 7-2     implement the terms of the contract within a reasonable time after

 7-3     the contract has been ratified by the governing body and the

 7-4     members of the police department.

 7-5           Sec. 142.059.  ENFORCEABILITY OF CONTRACT.  (a)  A contract

 7-6     made under this subchapter between a public employer and a

 7-7     certified bargaining agent is enforceable and binding on the public

 7-8     employer, the certified bargaining agent, an existing employee

 7-9     association, and the members of the police department covered by

7-10     the contract if the contract has been ratified under Section

7-11     142.058(d).

7-12           (b)  A state district court of the judicial district in which

7-13     the greatest amount of territory of the municipality is located has

7-14     full authority and jurisdiction on the application of either party

7-15     aggrieved by an action or omission of the other party when the

7-16     action or omission relates to the rights, duties, or obligations

7-17     under the contract.  The court may issue proper restraining orders,

7-18     temporary and permanent injunctions, and any other writ, order, or

7-19     process, including contempt orders, appropriate to enforcing the

7-20     contract.

7-21           Sec. 142.060.  IMPASSE RESOLUTION:  SELECTION OF ADVISORY

7-22     FACT FINDER.  (a)  If the certified bargaining agent and the public

7-23     employer agree to bargain collectively but the certified bargaining

7-24     agent and the public employer's representative are unable to reach

7-25     agreement on a contract within 30 days after the date of their

7-26     first meeting, the parties shall submit all unresolved issues that

7-27     are subject to collective bargaining to advisory fact-finding.

 8-1           (b)  Not later than the third day after the date of the

 8-2     expiration of the period provided by Subsection (a), the certified

 8-3     bargaining agent shall inform the American Arbitration Association,

 8-4     or its successor organization, that advisory fact-finding is

 8-5     desired.

 8-6           (c)  Not later than the 10th day after the date the

 8-7     arbitration association is notified, the arbitration association

 8-8     shall simultaneously submit to each party an identical list of

 8-9     seven names of persons who are capable of acting as an advisory

8-10     fact finder.  The parties shall alternately strike one name from

8-11     the list until one individual is selected.

8-12           (d)  The selection process may not take longer than seven

8-13     days.

8-14           Sec. 142.061.  IMPASSE RESOLUTION:  PROCESS.  (a)  Not later

8-15     than the 25th day after the date an advisory fact finder is

8-16     selected, the advisory fact finder shall begin hearings between the

8-17     parties.  Hearings must be concluded not later than the seventh day

8-18     after the date the hearings begin.  The parties shall submit briefs

8-19     not later than the fifth day after the date the hearing is

8-20     concluded.

8-21           (b)  The advisory fact finder shall consider the following:

8-22                 (1)  the lawful authority of the municipality;

8-23                 (2)  the stipulations of the parties;

8-24                 (3)  the interests and welfare of the public and the

8-25     financial ability of the municipality to bear the costs involved;

8-26                 (4)  a comparison of the wages, rates of pay, hours,

8-27     benefits, and other terms or conditions of employment of the

 9-1     members of the police department with those of other police

 9-2     officers performing similar services in comparable communities;

 9-3                 (5)  the cost of living; and

 9-4                 (6)  the overall compensation received by the members

 9-5     of the police department, including direct wage compensation,

 9-6     vacation, holidays and other excused time, insurance and pensions,

 9-7     medical and hospitalization benefits, the continuity and stability

 9-8     of employment, and all other benefits received.

 9-9           (c)  The advisory fact finder also shall consider the final

9-10     offer of the public employer and the final offer of the certified

9-11     bargaining agent.  The advisory fact finder may recommend the final

9-12     offer of the public employer or of the certified bargaining agent,

9-13     a combination of the two, or an appropriate intermediate position.

9-14     The advisory fact finder shall state the reasons for the

9-15     recommendations.  The recommendations of the advisory fact finder

9-16     are advisory only.

9-17           (d)  The advisory fact finder shall make written findings,

9-18     conclusions, and recommendations.  The advisory fact finder may use

9-19     any generally accepted criteria or factors in arriving at the

9-20     findings, conclusions, and recommendations.  The advisory fact

9-21     finder shall deliver copies of the findings, conclusions, and

9-22     recommendations to the public employer and the certified bargaining

9-23     agent before the 15th day after the date the hearing under

9-24     Subsection (a) concludes.

9-25           (e)  Not later than the 12th day after the date the advisory

9-26     fact finder's recommendations are received, the representative of

9-27     the public employer and the certified bargaining agent shall meet

 10-1    and shall simultaneously and in writing notify each other of their

 10-2    respective determinations to accept or reject the recommendations

 10-3    of the advisory fact finder.

 10-4          (f)  All fees and expenses related to advisory fact-finding

 10-5    are shared equally by the public employer and the certified

 10-6    bargaining agent.

 10-7          Sec. 142.062.  BINDING ARBITRATION.  (a)  If the certified

 10-8    bargaining agent and the public employer are unable to accept the

 10-9    recommendations of the advisory fact finder, the representative of

10-10    the certified bargaining agent and the representative of the public

10-11    employer shall select an arbitrator using the procedures described

10-12    by Section 142.060 for the selection of an advisory fact finder.

10-13    The selection process for purposes of Section 142.060(b) begins on

10-14    the third day after the date the parties meet under Section

10-15    142.061(e).

10-16          (b)  The parties and the selected arbitrator shall repeat the

10-17    impasse resolution process described by Section 142.061, except

10-18    that the arbitrator shall resolve the disputed issues and the

10-19    arbitrator's resolution is binding on the public employer, the

10-20    certified bargaining agent, an existing employee association, and

10-21    the members of the police department.

10-22          SECTION 3.  This Act takes effect September 1, 1997.

10-23          SECTION 4.  The importance of this legislation and the

10-24    crowded condition of the calendars in both houses create an

10-25    emergency and an imperative public necessity that the

10-26    constitutional rule requiring bills to be read on three several

10-27    days in each house be suspended, and this rule is hereby suspended.