AN ACT
1-1 relating to civil service for firefighters and police officers in
1-2 certain municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 143.103, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 143.103. SPECIALIZED POLICE DIVISIONS. (a) A peace
1-7 officer employed by a municipal department in which the peace
1-8 officer performs duties in a specialized police division, including
1-9 a person employed as a park police officer, airport police officer,
1-10 or municipal marshal, is entitled to civil service status under
1-11 this chapter. The governing body of the municipality employing a
1-12 peace officer in a specialized police division shall classify the
1-13 officer in accordance with Section 143.021 and the duties performed
1-14 by the peace officer.
1-15 (b) Except for positions classified in the communication or
1-16 technical class, the governing body of the municipality employing a
1-17 peace officer in a specialized police division shall classify a
1-18 position in the division in the same class as a police officer
1-19 position that is not in a specialized police division. [A peace
1-20 officer who is employed in a specialized police division is
1-21 eligible for promotion within the officer's respective class.] A
1-22 member of a particular division [class] is [not] eligible for
1-23 promotion or lateral crossover to a position outside that division
2-1 [class, and lateral crossover by promotion by a member of one class
2-2 to another class is prohibited]. [If a member of one class wants
2-3 to change classes, the member must qualify and enter the new class
2-4 at the lowest entry level of that class.] The head of the police
2-5 department, assistant chiefs of police, and deputy chiefs of
2-6 police, or their equivalent, regardless of name or title, may
2-7 exercise the full sanctions, powers, and duties of their respective
2-8 offices in the supervision, management, and control of the members
2-9 of those classes and divisions, subject to the decisions of the
2-10 department head regarding the chain of command in the department.
2-11 (c) In departments in which a collective bargaining
2-12 agreement or a meet-and-confer agreement exists, Subsection (b)
2-13 must be approved by the collective bargaining agent,
2-14 meet-and-confer agent, or entity representing the sworn officers of
2-15 the department. This subsection does not apply to the transfer of
2-16 police officers.
2-17 (d) Each applicable provision of this chapter, including the
2-18 provisions relating to eligibility lists, examinations, promotions,
2-19 appointments, educational incentive pay, longevity or seniority
2-20 pay, certification pay, assignment pay, salary, vacation leave, and
2-21 disciplinary appeals, applies to a peace officer employed by the
2-22 municipality in a specialized police division as provided by this
2-23 section.
2-24 SECTION 2. Subchapter G, Chapter 143, Local Government Code,
2-25 is amended by adding Section 143.1261 to read as follows:
3-1 Sec. 143.1261. LEGISLATIVE LEAVE ACCOUNT. (a) A
3-2 fire fighter or police officer may donate not more than one hour
3-3 for each month of accumulated vacation or compensatory time to an
3-4 employee organization. The municipality shall establish and
3-5 maintain a legislative leave time account for each employee
3-6 organization.
3-7 (b) The fire fighter or police officer must authorize the
3-8 donation in writing on a form provided by the employee organization
3-9 and approved by the municipality. After receiving the signed
3-10 authorization on an approved form, the municipality shall transfer
3-11 donated time to the account monthly until the municipality receives
3-12 the fire fighter's or police officer's written revocation of the
3-13 authorization.
3-14 (c) Only a fire fighter or police officer who is a member of
3-15 an employee organization may use for legislative leave purposes the
3-16 time donated to that employee organization. A fire fighter or
3-17 police officer may use for legislative leave purposes the time
3-18 donated under this section in lieu of reimbursing the municipality
3-19 under Section 143.126.
3-20 (d) A request to use for legislative leave purposes the time
3-21 in an employee organization's time account must be in writing and
3-22 submitted to the municipality by the president or the equivalent
3-23 officer of the employee organization or by that officer's designee.
3-24 (e) The municipality shall account for the time donated to
3-25 the account and used from the account. The municipality may:
4-1 (1) determine and credit the actual cash value of the
4-2 donated time in the account and determine and deduct the actual
4-3 cash value of time used from the account for legislative leave
4-4 purposes; or
4-5 (2) credit and debit an account on an hour-for-hour
4-6 basis regardless of the cash value of the time donated or used.
4-7 (f) An employee organization may not use for legislative
4-8 leave purposes more than 4,000 hours from its time account under
4-9 this section in a calendar year. If more than one employee
4-10 organization requests to use legislative leave, each employee
4-11 organization may use a proportional share of the 4,000 hours based
4-12 on the total amount of hours donated to the employee organization
4-13 for its exclusive use before January 2 of the calendar year in
4-14 which the legislative leave is requested. This section does not
4-15 prevent an employee organization from accumulating more than 4,000
4-16 hours. This subsection only limits the total number of donated
4-17 hours that one or more employee organizations may use in any
4-18 calendar year.
4-19 SECTION 3. Chapter 143, Local Government Code, is amended by
4-20 adding Subchapter J to read as follows:
4-21 SUBCHAPTER J. LOCAL CONTROL OF POLICE OFFICER
4-22 EMPLOYMENT MATTERS IN MUNICIPALITIES WITH
4-23 POPULATION OF 1.5 MILLION OR MORE
4-24 Sec. 143.351. APPLICABILITY. This subchapter applies only
4-25 to a municipality with a population of 1.5 million or more but does
5-1 not apply to a municipality that has adopted Chapter 174.
5-2 Sec. 143.352. DEFINITIONS. In this subchapter:
5-3 (1) "Majority bargaining agent" means the police
5-4 employee group selected under Section 143.354 or 143.355 to
5-5 represent all police officers employed by the municipality during
5-6 negotiations with the public employer.
5-7 (2) "Police employee group" means an organization:
5-8 (A) in which at least three percent of the
5-9 police officers of the municipality participate and pay dues via
5-10 automatic payroll deduction; and
5-11 (B) which exists for the purpose, in whole or
5-12 part, of dealing with the municipality concerning grievances, labor
5-13 disputes, wages, rates of pay, hours of employment, or conditions
5-14 of work affecting police officers.
5-15 (3) "Public employer" means any municipality or
5-16 agency, board, commission, or political subdivision controlled by a
5-17 municipality that is required to establish the wages, salaries,
5-18 rates of pay, hours, working conditions, and other terms and
5-19 conditions of employment of police officers. The term includes,
5-20 under appropriate circumstances, a mayor, manager, administrator of
5-21 a municipality, municipal governing body, director of personnel,
5-22 personnel board, or one or more other officials, regardless of the
5-23 name by which they are designated.
5-24 Sec. 143.353. GENERAL PROVISIONS RELATING TO AGREEMENTS,
5-25 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
6-1 local control over the wages, salaries, rates of pay, hours of
6-2 work, and other terms of employment, or other state-mandated
6-3 personnel issues, if the public employer and the majority
6-4 bargaining agent come to a mutual agreement on any of the terms of
6-5 employment. If an agreement is not reached, the state laws, local
6-6 ordinances, and civil service rules remain unaffected. All
6-7 agreements shall be written. Nothing in this subchapter requires
6-8 either party to meet and confer on any issue or reach an agreement.
6-9 (b) A public employer may only meet and confer if the
6-10 majority bargaining agent does not advocate the illegal right to
6-11 strike by public employees.
6-12 (c) Police officers of a municipality may not engage in
6-13 strikes or organized work stoppages against this state or a
6-14 political subdivision of this state. A police officer who
6-15 participates in a strike or work stoppage forfeits all civil
6-16 service rights, reemployment rights, and any other rights,
6-17 benefits, or privileges the police officer enjoys as a result of
6-18 employment or prior employment.
6-19 Sec. 143.354. SELECTION OF MAJORITY BARGAINING AGENT.
6-20 (a) Not later than January 31, 1998, representatives from each
6-21 police employee group shall meet to select the majority bargaining
6-22 agent. The majority bargaining agent must be selected unanimously.
6-23 (b) If the representatives of the police employee groups
6-24 fail to meet or are unable to reach a unanimous consensus as to a
6-25 majority bargaining agent before January 31, 1998, the selection of
7-1 a majority bargaining agent will be governed by Section 143.355.
7-2 Sec. 143.355. ELECTION OF MAJORITY BARGAINING AGENT.
7-3 (a) This section does not apply if a majority bargaining agent is
7-4 selected under Section 143.354.
7-5 (b) The governing body of a police employee group, by
7-6 resolution, may call for an election to select a majority
7-7 bargaining agent. The election shall be held not earlier than the
7-8 60th day and not later than the 90th day after the date the
7-9 resolution is adopted.
7-10 (c) All police officers employed by the municipality are
7-11 entitled to vote in the election.
7-12 (d) The police employee group receiving a majority of the
7-13 votes cast shall be the majority bargaining agent.
7-14 (e) If no police employee group receives a majority of the
7-15 votes cast, the two police employee groups receiving the highest
7-16 number of votes shall participate in a runoff election. The runoff
7-17 election shall be held not later than the 30th day after the date
7-18 of the initial election.
7-19 (f) If the police employee groups participating in the
7-20 election are unable to agree on the procedures for the election,
7-21 any group may request that the American Arbitration Association
7-22 conduct the election and certify the results. Certification of the
7-23 results of an election resolves the question of the selection of
7-24 the majority bargaining agent.
7-25 (g) All police employee groups participating in the election
8-1 shall share equally the expenses of the election. A police
8-2 employee group that fails to pay its share of the election expenses
8-3 forfeits the right to participate on the bargaining team under
8-4 Section 143.356.
8-5 Sec. 143.356. BARGAINING TEAM; NEGOTIATIONS. (a) A
8-6 bargaining team shall be created to advise and give direction to
8-7 the majority bargaining agent.
8-8 (b) The governing body of a police employee group may
8-9 appoint one person to serve on the bargaining team.
8-10 (c) The majority bargaining agent will represent all police
8-11 officers and negotiate with the public employer in an effort to
8-12 reach an agreement. The bargaining team shall review any agreement
8-13 reached between the majority bargaining agent and the public
8-14 employer. A majority of the members of the bargaining team must
8-15 approve the agreement before a ratification election can be held
8-16 under Section 143.360.
8-17 (d) All police employee groups that are represented on the
8-18 bargaining team shall share equally the expenses associated with
8-19 the negotiation of an agreement by the majority bargaining agent.
8-20 A police employee group that fails to reimburse the majority
8-21 bargaining agent for the reasonable expenses incurred before the
8-22 30th day after the date the police employee group is notified of
8-23 the expense forfeits all rights expressly granted to the police
8-24 employee group under this subchapter, including its right to
8-25 representation on the bargaining team.
9-1 Sec. 143.357. PAYROLL DUES DEDUCTIONS. After a majority
9-2 bargaining agent is recognized, the public employer may not stop or
9-3 prevent automatic payroll deductions for dues paid to a police
9-4 employee group because the group is or is not the majority
9-5 bargaining agent.
9-6 Sec. 143.358. OPEN RECORDS REQUIRED. All documents relating
9-7 to an agreement between a majority bargaining agent and a public
9-8 employer shall be available to the public in accordance with state
9-9 statutes.
9-10 Sec. 143.359. ENFORCEABILITY OF AGREEMENT. (a) A written
9-11 agreement made under this subchapter between a public employer and
9-12 a majority bargaining agent and approved by the bargaining team is
9-13 enforceable and binding on the public employer, the majority
9-14 bargaining agent, police employee groups, and the police officers
9-15 covered by the agreement if:
9-16 (1) the municipality's governing body ratified the
9-17 agreement by a majority vote; and
9-18 (2) the agreement is ratified under Section 143.360.
9-19 (b) A state district court of the judicial district in which
9-20 a majority of the population of the municipality is located has
9-21 full authority and jurisdiction on the application of either party
9-22 aggrieved by an action or omission of the other party when the
9-23 action or omission is related to a right, duty, or obligation
9-24 provided by any written agreement ratified as required by this
9-25 subchapter. The court may issue proper restraining orders,
10-1 temporary and permanent injunctions, and any other writ, order, or
10-2 process, including contempt orders, that are appropriate to
10-3 enforcing any written agreement ratified as required by this
10-4 subchapter.
10-5 Sec. 143.360. ELECTION TO RATIFY AGREEMENT. (a) The
10-6 majority bargaining agent shall call an election to ratify any
10-7 agreement reached with the public employer if the agreement has
10-8 been approved by a majority of the bargaining team.
10-9 (b) All police officers of the municipality are eligible to
10-10 vote in the election.
10-11 (c) The bargaining team shall establish procedures for the
10-12 election by unanimous consensus.
10-13 (d) If the bargaining team is unable to agree on procedures
10-14 for the election, any group represented on the bargaining team may
10-15 request that the American Arbitration Association conduct the
10-16 election and certify the results. Certification of the results of
10-17 an election resolves the question concerning ratification of an
10-18 agreement. All police employee groups represented on the
10-19 bargaining team shall share equally the expenses of the election.
10-20 (e) A majority of all votes cast is required to ratify an
10-21 agreement.
10-22 Sec. 143.361. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
10-23 (a) A written agreement ratified under this subchapter between a
10-24 public employer and the majority bargaining agent supersedes a
10-25 previous statute concerning wages, salaries, rates of pay, hours of
11-1 work, and other terms of employment to the extent of any conflict
11-2 with the previous statute.
11-3 (b) A written agreement ratified under this subchapter
11-4 preempts all contrary local ordinances, executive orders,
11-5 legislation, or rules adopted by the state or a political
11-6 subdivision or agent of the state, such as a personnel board, a
11-7 civil service commission, or a home-rule municipality.
11-8 (c) An agreement under this subchapter may not diminish or
11-9 qualify any right, benefit, or privilege of an employee under this
11-10 chapter or other law unless approved by a majority of the votes
11-11 cast at the secret ballot election held by the majority bargaining
11-12 agent to ratify the agreement.
11-13 Sec. 143.362. REPEAL OF AGREEMENT BY ELECTORATE. Within 45
11-14 days after the date an agreement is ratified and signed by the
11-15 municipality and the majority bargaining agent, a petition signed
11-16 by a number of registered voters equal to 10 percent of the votes
11-17 cast at the most recent mayoral general election in the
11-18 municipality may be presented to the municipal secretary calling an
11-19 election for the repeal of the agreement, in which event the
11-20 governing body shall reconsider the agreement, and, if it does not
11-21 repeal the agreement, it shall call an election of the qualified
11-22 voters to determine if they desire to repeal the agreement. The
11-23 election shall be held as part of the next regularly scheduled
11-24 municipal election or at a special election called by the governing
11-25 body for that purpose. If at the election a majority of the votes
12-1 are cast in favor of the repeal of the adoption of the agreement,
12-2 the agreement becomes void. The ballot shall be printed to provide
12-3 for voting for or against the proposition:
12-4 "Repeal of the adoption of the agreement ratified by the
12-5 municipality and the police officers of the municipality concerning
12-6 wages, salaries, rates of pay, hours of work, and other terms of
12-7 employment."
12-8 Sec. 143.363. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.
12-9 (a) For the purpose of any disciplinary appeal to either the civil
12-10 service commission or a hearing examiner, all police officers have
12-11 the right to choose to be represented by any person of their choice
12-12 or by the police employee group selected as the majority bargaining
12-13 agent.
12-14 (b) An agreement may not interfere with the right of a
12-15 member of a police employee group to pursue allegations of
12-16 discrimination based on race, creed, color, national origin,
12-17 religion, age, sex, or disability with the Commission on Human
12-18 Rights or the Equal Employment Opportunity Commission or to pursue
12-19 affirmative action litigation.
12-20 SECTION 4. (a) Except as provided in Subsection (b) of this
12-21 section and except for officers currently classified in the
12-22 communication or technical class, a municipality with a population
12-23 of 1.5 million or more shall reclassify all peace officers in an
12-24 entry level rank in a specialized police division of the police
12-25 department to an equivalent rank in the class currently referred to
13-1 as Class A. This reclassification does not impair a reclassified
13-2 officer's pay, seniority, or other employment benefits accrued by
13-3 the officer on August 31, 1997. An officer reclassified into Class
13-4 A under this section is entitled under Chapter 143, Local
13-5 Government Code, to all benefits to which a similarly situated
13-6 officer in Class A is entitled.
13-7 (b) Notwithstanding Subsection (b), Section 143.103, Local
13-8 Government Code, as amended by this Act, a peace officer in a
13-9 municipality with a population of 1.5 million or more who holds a
13-10 rank above an entry level rank in a specialized police division of
13-11 the police department shall continue to be governed by the civil
13-12 service rules in effect on August 31, 1997. Except for officers
13-13 currently classified in the communication or technical class:
13-14 (1) when a sergeant position in a specialized police
13-15 division becomes vacant on or after the effective date of this Act,
13-16 it shall be reclassified as a position in the class referred to in
13-17 the municipality as Class A;
13-18 (2) if fewer than three qualified specialized
13-19 sergeants or lieutenants are eligible to take a promotional
13-20 examination for a specialized lieutenant or captain position of a
13-21 specialized police division that becomes vacant on or after the
13-22 effective date of this Act, the vacant position may be reclassified
13-23 as a position in the class referred to in the municipality as Class
13-24 A and a promotional examination may be administered for that
13-25 position unless there is an existing eligibility list of Class A
14-1 officers for that reclassified position; and
14-2 (3) if a specialized lieutenant or captain position of
14-3 a specialized police division is reclassified and a promotional
14-4 examination is administered under Subdivision (2) of this
14-5 subsection, a peace officer in the specialized division who was
14-6 eligible to take the promotional examination for the vacant
14-7 position before the position was reclassified is not eligible to
14-8 take the promotional examination for the vacant position after it
14-9 is reclassified.
14-10 SECTION 5. This Act takes effect September 1, 1997.
14-11 SECTION 6. The importance of this legislation and the
14-12 crowded condition of the calendars in both houses create an
14-13 emergency and an imperative public necessity that the
14-14 constitutional rule requiring bills to be read on three several
14-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1286 passed the Senate on
May 2, 1997, by a viva-voce vote; and that the Senate concurred in
House amendments on May 22, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1286 passed the House, with
amendments, on May 19, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor