By Ellis                                        S.B. No. 1411

      75R7231 GJH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the right of certain municipalities to maintain local

 1-3     control over wages, hours, and other terms and conditions of

 1-4     employment.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  The heading of Chapter 143, Local Government

 1-7     Code, is amended to read as follows:

 1-8           CHAPTER 143.  MUNICIPAL CIVIL SERVICE FOR FIRE FIGHTERS

 1-9                             AND POLICE OFFICERS

1-10           SECTION 2.  Subtitle A, Title 5, Local Government Code, is

1-11     amended by adding Chapter 145 to read as follows:

1-12         CHAPTER 145.  LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS

1-13           Sec. 145.001.  APPLICATION.  (a)  This chapter applies only

1-14     to a municipality with a population of 1.5 million or more.

1-15           (b)  This chapter does not apply to:

1-16                 (1)  fire fighters or police officers who are covered

1-17     by Subchapter H or I of Chapter 143 or by Chapter 174; or

1-18                 (2)  an employee association in which those employees

1-19     participate.

1-20           Sec. 145.002.  DEFINITIONS.  In this chapter:

1-21                 (1)  "Employee association" means an organization in

1-22     which municipal employees participate and that exists for the

1-23     purpose, in whole or part, of dealing with one or more employers,

1-24     whether public or private, concerning grievances, labor disputes,

 2-1     wages, rates of pay, hours of employment, or conditions of work

 2-2     affecting public employees.

 2-3                 (2)  "Public employer" means any municipality or

 2-4     agency, board, commission, or political subdivision controlled by a

 2-5     municipality that is required to establish the wages, salaries,

 2-6     rates of pay, hours, working conditions, other terms and conditions

 2-7     of employment, and affirmative action programs of public employees.

 2-8     The term may include, under appropriate circumstances, a mayor,

 2-9     manager, administrator of a municipality, municipal governing body,

2-10     director of personnel, personnel board, or one or more other

2-11     officials regardless of the name by which they are designated.

2-12           Sec. 145.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS,

2-13     RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied

2-14     local control over the wages, salaries, rates of pay, hours of

2-15     work, other terms and conditions of employment, affirmative action

2-16     programs, or other state-mandated personnel issues.  A public

2-17     employer may enter into a mutual written agreement governing these

2-18     issues with an employee association that does not advocate the

2-19     illegal right to strike by municipal employees.

2-20           (b)  A municipality may recognize an employee association

2-21     that does not advocate the illegal right to strike by municipal

2-22     employees as the negotiating agent for any group of municipal

2-23     employees so requesting that representation under this chapter.

2-24           (c)  Employees of a municipality may not engage in strikes or

2-25     organized work stoppages against the state or a municipality of the

2-26     state.  An employee who participates in a strike forfeits all civil

2-27     service rights, reemployment rights, and any other rights,

 3-1     benefits, or privileges the employee enjoys as a result of

 3-2     employment or prior employment, except that the right of an

 3-3     individual to cease work may not be abridged if the individual is

 3-4     not acting in concert with others in an organized work stoppage.

 3-5           Sec. 145.004.  RECOGNITION OF EMPLOYEE ASSOCIATION.  (a)  An

 3-6     employee association selected by a petition signed by a majority of

 3-7     the nonclassified employees of the municipality, excluding

 3-8     department directors, may be recognized by the public employer as

 3-9     the sole and exclusive negotiating agent for all of the covered

3-10     employees unless and until recognition of the association is

3-11     withdrawn by a majority of those employees.

3-12           (b)  In the event of a question about whether an employee

3-13     association is the majority representative of the covered

3-14     employees, the question shall be resolved by a fair election

3-15     conducted according to procedures agreeable to the parties.  If the

3-16     parties are unable to agree on the procedures, either party may

3-17     request the American Arbitration Association to conduct the

3-18     elections and to certify the results.  Certification of the results

3-19     of an election resolves the question concerning representation.

3-20     The employee association is liable for the expenses of the

3-21     election, except that if two or more associations seeking

3-22     recognition as the negotiating agent submit petitions signed by a

3-23     majority of the covered employees, the associations shall share

3-24     equally the costs of the election.

3-25           Sec. 145.005.  OPEN MEETINGS REQUIRED.  All meetings relating

3-26     to an agreement between an employee association and a public

3-27     employer shall be open to the public as required by Chapter 551,

 4-1     Government Code.

 4-2           Sec. 145.006.  ENFORCEABILITY OF AGREEMENT.  A written

 4-3     agreement made under this chapter between a public employer and an

 4-4     employee association is enforceable and binding on the public

 4-5     employer, the employee association, and the public employees

 4-6     covered by the agreement if the governing body ratifies the

 4-7     agreement by majority vote and the employee association ratifies

 4-8     the agreement by a majority vote of the members of the negotiating

 4-9     unit by secret ballot.  The state district court of the judicial

4-10     district in which the municipality is located has jurisdiction over

4-11     the application of either party aggrieved by an action or omission

4-12     of the other party if the action or omission relates to the rights,

4-13     duties, or obligations provided by this chapter.  The court may

4-14     issue proper restraining orders, temporary and permanent

4-15     injunctions, and any other writs, orders, or processes, including

4-16     contempt orders, that are appropriate to enforcing this chapter.

4-17           Sec. 145.007.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.

4-18     (a)  A written agreement under this chapter between a public

4-19     employer and an employee association supersedes a previous statute

4-20     concerning wages, salaries, rates of pay, hours of work, other

4-21     terms and conditions of employment, and affirmative action programs

4-22     to the extent of any conflict with the previous statute.

4-23           (b)  A written agreement under this chapter preempts all

4-24     contrary local ordinances, executive orders, legislation, or rules

4-25     adopted by the state or a political subdivision or agent of the

4-26     state such as a personnel board, a civil service commission, or a

4-27     home-rule municipality.

 5-1           SECTION 3.  This Act takes effect September 1, 1997.

 5-2           SECTION 4.  The importance of this legislation and the

 5-3     crowded condition of the calendars in both houses create an

 5-4     emergency and an imperative public necessity that the

 5-5     constitutional rule requiring bills to be read on three several

 5-6     days in each house be suspended, and this rule is hereby suspended.