Amend SB 1539 as follows:
(1) In SECTION 1 of the bill, in amended Section
143.352(2)(B), Local Government Code, between "benefits" and ","
(page 1, line 24, committee printing), insert "other than pension
benefits".
(2) Strike SECTION 3 of the bill (page 1, line 40, through
page 2, line 12, committee printing) and substitute the following:
SECTION 3. Section 143.354, Local Government Code, is
amended to read as follows:
Sec. 143.354. RECOGNITION OF BARGAINING AGENT; APPOINTMENT
OF PUBLIC EMPLOYER REPRESENTATIVE; REPRESENTATION OF POLICE
EMPLOYEE GROUPS. (a) The public employer in accordance with this
section may recognize a police employee group that submits a
petition signed by 40 percent of the number of police officers in
the municipality who voted in the last election held under Section
143.360 before the petition is submitted, excluding the head of the
department and assistant department heads in the rank or
classification immediately below that of the department head, as
the sole and exclusive bargaining agent for all of the police
officers in the municipality, excluding the department head and
assistant department heads, unless recognition of the police
employee group is withdrawn by a majority of those police officers
in accordance with this section. If an election under Section
143.360 has not been held in the municipality, the public employer
in accordance with this section may recognize a police employee
group that submits a petition signed by 40 percent of the paid
police officers in the municipality, excluding the head of the
department and assistant department heads in the rank or
classification immediately below that of the department head, as
the sole and exclusive bargaining agent for all of the police
officers in the municipality, excluding the department head and
assistant department heads, unless recognition of the police
employee group is withdrawn by a majority of those police officers
in accordance with this section. A fair election shall be conducted
to resolve the question of whether a police employee group
represents a majority of the police officers in the municipality,
excluding the department head and assistant department heads.
(b) A petition submitted under Subsection (a) must clearly
show on each page the name of the police employee group circulating
the petition. A police officer who signs a petition submitted under
Subsection (a) may not be counted towards the 40 percent
requirement under that subsection unless that officer's printed
name and payroll number and the date of the signature are included
on the petition. The petition must be submitted to the municipal
secretary not later than the 60th day after the first date on which
a police officer signs the petition.
(c) Within the 30 days after the date the petition is
submitted, the municipal secretary shall verify the signatures on
the petition and, if the petition complies with this section, call
for the election. The election shall be conducted within 45 days
after the date on which the municipal secretary calls for the
election.
(d) An election required by this section shall be conducted
according to procedures agreed on by the parties. If the parties
are unable to agree on election procedures by the 15th day after
the date the municipal secretary calls for the election, the
American Arbitration Association shall conduct the election and
certify the results. Certification of the results of an election
under this subsection resolves the question concerning
representation.
(e) All costs associated with conducting the election shall
be shared equally by all employee groups that are seeking
recognition as the bargaining agent in the election. A police
employee group must make payments required by this subsection not
later than the 10th day before the date on which the election
begins.
(f) The public employer's chief executive officer shall
designate a team to represent the public employer as its sole and
exclusive bargaining agent for issues related to the police
department <SELECTION OF MAJORITY BARGAINING AGENT. (a) Not later
than January 31, 1998, representatives from each police employee
group shall meet to select the majority bargaining agent. The
majority bargaining agent must be selected unanimously.>
<(b) If the representatives of the police employee groups
fail to meet or are unable to reach a unanimous consensus as to a
majority bargaining agent before January 31, 1998, the selection of
a majority bargaining agent will be governed by Section 143.355>.
(3) In SECTION 8 of the bill, in amended Section 143.361(a),
Local Government Code, between "terms of employment" and "to the
extent of" (page 2, line 61, committee printing), insert "other
than pension benefits".
(4) In SECTION 9 of the bill, in amended Section 143.362,
Local Government Code, between "rates of pay," and "benefits,"
(page 3, line 19, committee printing), insert "certain".
(5) Strike SECTION 12 of the bill (page 3, lines 30-34,
committee printing) and substitute the following:
SECTION 12. (a) This Act takes effect September 1, 1999.
(b) The change in law made by this Act does not affect the
validity of an election held, agreement made, or action taken under
Subchapter J, Chapter 143, Local Government Code, before the
effective date of this Act.
(c) A police employee group that is a majority bargaining
agent, as defined by Section 143.352, Local Government Code,
immediately before the effective date of this Act becomes the
bargaining agent for the purposes of Section 143.352, Local
Government Code, as amended by this Act, on the effective date of
this Act, and is considered the recognized sole and exclusive
bargaining agent under Section 143.354, Local Government Code, as
amended by this Act, until another sole and exclusive bargaining
agent is recognized in accordance with Section 143.354.