By:  Gallegos                                         S.B. No. 1861

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to meet and confer agreements for police officers in

 1-2     certain municipalities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 142 Local Government Code, is amended by

 1-5     designating Sections 142.001-142.011 as Subchapter A, Chapter 142,

 1-6     Local Government Code, and adding a subchapter heading to read as

 1-7     follows:

 1-8                    SUBCHAPTER A.  ASSISTANCE, BENEFITS,

 1-9                           AND WORKING CONDITIONS

1-10           SECTION 2.  Chapter 142, Local Government Code, is amended by

1-11     adding Subchapter B to read as follows:

1-12                      SUBCHAPTER B.  POLICE DEPARTMENT

1-13                          MEET AND CONFER CONTRACTS

1-14           Sec. 142.051.  APPLICABILITY. This subchapter applies only to

1-15     a municipality with a population of 1.5 million or more that has

1-16     not adopted Chapter 174.

1-17           Sec. 142.052.  DEFINITIONS. In this subchapter:

1-18                 (1)  "Bargaining Agent" means an agent recognized under

1-19     Section 142.055 by the bargaining team by unanimous vote or, if not

1-20     by unanimous vote, by a majority vote of the officers of those

1-21     associations, and exists in whole or in part for the purpose of

 2-1     representing public or private employees in their relations with

 2-2     one or more public or private employers concerning grievances,

 2-3     labor disputes, wages, rates of pay, hours of employment,

 2-4     equipment, and staffing affecting the employees.  The bargaining

 2-5     agent must be an outside, independent agent not affiliated with any

 2-6     existing employee association, or who has been affiliated with any

 2-7     existing employee association within

 2-8     the past five years but the bargaining agent can be used for more

 2-9     than one contract.

2-10                 (2)  "Meet and confer contract" means the terms to

2-11     which the bargaining team recognized under Section 142.055 and the

2-12     public employer have voluntarily agreed.

2-13                 (3)  "Member of the police department" has the meaning

2-14     assigned by Section 142.010.

2-15                 (4)  "Public employer" means the municipality or the

2-16     agency, board, commission, or department controlled by the

2-17     municipality that is required to establish the wages, rates of pay,

2-18     hours, equipment, staffing, and affirmative action programs

2-19     affecting members of the police department.  The term may, when

2-20     appropriate, include the mayor, manager, or administrator of the

2-21     municipality, a municipal governing body, the director of

2-22     personnel, a personnel board, or one or more other officials.

2-23                 (5)  "Bargaining team" means an association or

2-24     organization recognized under Section 142.055 in which police

2-25     officers participate and that exists in whole or in part for the

 3-1     purpose of representing public or private employees in their

 3-2     relations with one or more public or private employers concerning

 3-3     grievances, labor disputes, wages, rates of pay, hours of

 3-4     employment, equipment, and staffing, affecting the employees.

 3-5           Sec. 142.053.  LOCAL CONTROL; STRIKES.  (A)  Except as

 3-6     provided by Section 142.058(b), a municipality may not be denied

 3-7     local control over wages, rates of pay, hours of work, affirmative

 3-8     action programs, other terms and conditions of employment, or other

 3-9     state-mandated personnel issues on which the public employer and

3-10     the bargaining agent agree in writing.  A term or condition on

3-11     which the public employer and the bargaining agent do not have a

3-12     written contract is governed by applicable statutes, local

3-13     ordinances, and civil service rules.  This subchapter does not

3-14     require the public employer and the bargaining agent to meet and

3-15     confer or reach an agreement on any issue.

3-16           (b)  A public employer and the bargaining agent may meet and

3-17     confer only if the agent does not advocate the right to strike by

3-18     members of the police department.  A bargaining team that advocates

3-19     a strike by members of the police department loses its recognition

3-20     as the bargaining team for all police officers and is subject to

3-21     injunctive relief, a suit for damages, or other legal remedy.

3-22           (c)  A member of the police department may not engage in a

3-23     strike or organized work stoppage against this state or a political

3-24     subdivision of this state.  A member of the police department who

3-25     participates in a strike forfeits all civil service rights,

 4-1     reemployment rights, and other rights, benefits, or privileges the

 4-2     member of the police department enjoys as a result of the member's

 4-3     employment or previous employment with the municipality.  This

 4-4     subsection does not affect the right of a member of the police

 4-5     department to cease employment if the member is not acting in

 4-6     concert with other members of the police department.

 4-7           Sec. 142.054.  EMPLOYEE RIGHTS.  (a)  A member of the police

 4-8     department below the rank of assistant chief has the right to form,

 4-9     join, and participate in the activities of an employee organization

4-10     of the member's choice for the purpose of representation on matters

4-11     of wages, rates of pay, hours, benefits, equipment, and staffing.

4-12           (b)  A member of the police department has the right to

4-13     refuse to join and to refuse to participate in an activity of an

4-14     employee organization.

4-15           (c)  A member of the police department has the right to

4-16     choose to have the person's individual grievance heard with or

4-17     without representation by an employee organization, without any

4-18     representation, or with representation of the member's choice.  The

4-19     resolution of an individual grievance must be in accord with the

4-20     terms of any contract under this subchapter that is in effect and

4-21     applicable to all of the members of the police department.

4-22           (d)  The public employer, a member of the police department,

4-23     or the bargaining agent may not interfere with, intimidate,

4-24     restrain, coerce, or discriminate against any member of the police

4-25     department because the member exercised the member's rights under

 5-1     this section.

 5-2           Sec. 142.055.  RECOGNITION AND COMPOSITION OF BARGAINING

 5-3     AGENT.  (a)  The public employer shall recognize as the bargaining

 5-4     agent that person who is selected by a unanimous vote of the

 5-5     bargaining team, excluding the chief and assistant chiefs.

 5-6           (b)  If a unanimous vote is not possible, then the existing

 5-7     employee associations will submit two names each for a bargaining

 5-8     agent, for a vote to the members of the police department.  A

 5-9     majority vote of those members voting on the issue in a secret

5-10     ballot is needed to certify a bargaining agent.  If no majority is

5-11     acquired on the first ballot, then a run-off should occur between

5-12     the two highest vote receivers.  The section of a bargaining agent

5-13     should take no more than 60 calendar days.

5-14           (c)  Once a bargaining agent is selected then the bargaining

5-15     team or existing employee associations will submit to the

5-16     bargaining agent a proposal with respect to wages, rates of pay,

5-17     hours, benefits, equipment, and staffing.  This proposal should

5-18     take no more than 30 calendar days.

5-19           (d)  All fees and expenses related to the use of a bargaining

5-20     agent, or any elections pertaining to the meet and confer contract

5-21     by the bargaining team will be shared equally by the existing

5-22     employee associations.  If fees are not paid within 60 calendar

5-23     days, then the existing employee associations not paying will not

5-24     be recognized as an existing employee association until past fees

5-25     are collected, plus 10 percent (10%) interest.

 6-1           Sec. 142.056.  MEET AND CONFER.  When the public employer and

 6-2     the bargaining agent agree to meet and confer, the employer and the

 6-3     bargaining agent have the obligation to meet at reasonable times,

 6-4     to confer in good faith, and, if requested by either party, to

 6-5     reduce to a written contract the matters to which the parties

 6-6     agree.  A party is not required to agree to a proposal, or make a

 6-7     concession.

 6-8           Sec. 142.057.  BARGAINING ISSUES.  When the public employer

 6-9     and the certified bargaining agent agree to meet and confer, the

6-10     employer and the bargaining agent have the duty to bargain with

6-11     respect to wages, rates of pay, hours, benefits, equipment, and

6-12     staffing.  The public employer's representative on request shall

6-13     bargain in good faith with the bargaining agent and shall fully

6-14     consider all proposals submitted by the bargaining agent to the

6-15     public employer that are appropriate subjects under this section.

6-16           Sec. 142.058.  MEET AND CONFER CONTRACT.  (a)  An agreement

6-17     reached by the representative of the public employer and the

6-18     bargaining agent shall be in writing.  The contract is a mutual

6-19     recommendation to be submitted jointly to the governing body of the

6-20     municipality.

6-21           (b)  The contract may not supersede a constitutional,

6-22     statutory, or charter provision that concerns the same issues.

6-23           (c)  The term of the contract may not exceed three years.

6-24           (d)  A meet and confer contract is not binding on the parties

6-25     unless:

 7-1                 (1)  the members of the police department have ratified

 7-2     the contract by a majority vote of the members voting on the issue

 7-3     in a secret ballot, with all members of the police department

 7-4     entitled to an opportunity to vote on the issue; and

 7-5                 (2)  the governing body of the municipality has acted

 7-6     by majority vote to approve the contract.

 7-7           (e)  The governing body of the municipality shall complete

 7-8     all necessary procedures, including amendments to municipal

 7-9     policies, ordinances, and budget appropriations required to

7-10     implement the terms of the contract within a reasonable time after

7-11     the contract has been ratified by the governing body and the

7-12     members of the police department.

7-13           Sec. 142.059.  ENFORCEABILITY OF CONTRACT.  (a)  A contract

7-14     made under this subchapter between a public employer and a

7-15     bargaining agent is enforceable and binding on the public employer,

7-16     the bargaining agent, the bargaining team, and the members of the

7-17     police department covered by the contract if the contract has been

7-18     ratified under Section 142.058(d).

7-19           (b)  A state district court of the judicial district in which

7-20     the greatest amount of territory of the municipality is located has

7-21     full authority and jurisdiction on the application of either party

7-22     aggrieved by an action or omission of the other party when the

7-23     action or omission relates to the rights, duties, or obligations

7-24     under the contract.  The court may issue proper restraining orders,

7-25     temporary and permanent injunctions, and other writ, order, or

 8-1     process, including contempt orders, appropriate to enforcing the

 8-2     contract.

 8-3           Sec. 142.060.  IMPASSE RESOLUTION:  SELECTIONS OF ADVISORY

 8-4     FACT FINDER.

 8-5           (a)  If the bargaining agent and the public employer agree to

 8-6     meet and confer but the certified bargaining agent and the public

 8-7     employer's representative are unable to reach agreement on a

 8-8     contract within 30 days after the date of their first meeting, the

 8-9     parties shall submit all unresolved issues that are subject to meet

8-10     and confer to advisory fact-finding.

8-11           (b)  Not later than the third day after the date of the

8-12     expiration of the period provided by Subsection (a), the bargaining

8-13     agent shall inform the American Arbitration Association or its

8-14     successor organization, that advisory fact-finding is desired.

8-15           (c)  Not later than the 10th day after the date the

8-16     arbitration association is notified, the arbitration association

8-17     shall simultaneously submit to each party an identical list of

8-18     seven names of persons who are capable of acting as an advisory

8-19     fact-finder.  The parties shall alternately strike one name from

8-20     the list until one individual is selected.

8-21           (d)  The selection process may not take longer than seven

8-22     days.

8-23           Sec. 142.061.  IMPASSE RESOLUTION:  PROCESS.  (a)  Not later

8-24     than 25th day after the date an advisory fact finder is selected,

8-25     the advisory fact finder shall begin hearing between the parties.

 9-1     Hearings must be concluded not later than the seventh day after the

 9-2     date the hearings begin.  The parties shall submit briefs not later

 9-3     than the fifth day after the date the hearing is concluded.

 9-4           (b)  The advisory fact finder shall consider the following:

 9-5                 (1)  the lawful authority of the municipality;

 9-6                 (2)  the stipulations of the parties;

 9-7                 (3)  the interests and welfare of the public and the

 9-8     financial ability of the municipality to bear the costs involved;

 9-9                 (4)  a comparison of the wages, rates of pay, hours,

9-10     benefits, equipment, and staffing of the member of the police

9-11     department with those of other police officers performing similar

9-12     services in comparable communities;

9-13                 (5)  the cost of living; and

9-14                 (6)  the overall compensation received by the members

9-15     of the police department, including direct wage compensation,

9-16     vacation, holidays and other excused time, insurance and pensions,

9-17     medical and hospitalization benefits, the continuity and stability

9-18     of employment, and all other benefits received.

9-19           (c)  The advisory fact finder also shall consider the final

9-20     offer of the public employer and the final offer of the bargaining

9-21     agent. The advisory fact finder may recommend the final offer of

9-22     the public employer or the bargaining agent, a combination of the

9-23     two, or an appropriate intermediate position.  The advisory fact

9-24     finder shall state the reasons for the recommendations.  The

9-25     recommendations of the advisory fact finder are advisory only.

 10-1          (d)  The advisory fact finder shall make written findings,

 10-2    conclusions, and recommendations.  The advisory fact finder may use

 10-3    any generally accepted criteria or factors in arriving at the

 10-4    findings, conclusions, and recommendations.  The advisory fact

 10-5    finder shall deliver copies of the findings, conclusions, and

 10-6    recommendations to the public employer and the bargaining agent

 10-7    before the 15th day after the date the hearing under Subsection (a)

 10-8    concludes.

 10-9          (e)  Not later than the 12th day after the date the advisory

10-10    fact finder's recommendations are received, the representative of

10-11    the public employer and the bargaining agent shall meet and shall

10-12    simultaneously and in writing notify each other of their respective

10-13    determinations to accept or reject the recommendations of the

10-14    advisory fact finder.

10-15          (f)  All fees and expenses related to advisory fact-finding

10-16    are shared equally by the public employer and the bargaining team.

10-17          Sec. 142.062.  BINDING ARBITRATION.  (a)  If the bargaining

10-18    agent and the public employer are unable to accept the

10-19    recommendations of the advisory fact finder, the bargaining agent

10-20    and the representative of the public employer shall select an

10-21    arbitrator using the procedures described by Section 142.060 for

10-22    the selection of an advisory fact finder.  The selection process

10-23    for purposes of Section 142.060(b) begins on the third day after

10-24    the date the parties meet under Section 142.061(e).

10-25          (b)  The parties and the selected arbitrator shall repeat the

 11-1    impasse resolution process described by Section 142.061, except

 11-2    that the arbitrator shall resolve the disputed issues and the

 11-3    arbitrator's resolution is binding on the public employer, the

 11-4    bargaining agent, the bargaining team, and the members of the

 11-5    police department.

 11-6          SECTION 3.  This Act takes effect September 1, 1997.

 11-7          SECTION 4.  The importance of this legislation and the

 11-8    crowded condition of the calendars in both houses create an

 11-9    emergency and an imperative public necessity that the

11-10    constitutional rule requiring bills to be read on three several

11-11    days in each house be suspended, and this rule is hereby suspended.