HBA-NLM H.B. 2773 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2773
By: Keel
County Affairs
4/3/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a county is not authorized to enter into an agreement
with an association that is the sole and exclusive bargaining agent for a
group of public employees. H.B. 2773 authorizes a county to recognize the
association as the sole and exclusive bargaining agent for all of the
covered peace officers and detention officers.  In addition, this bill
prohibits a county from being denied local control over wages, salaries,
rates of pay, hours of work, other terms and conditions of employment, or
other personnel issues on which the public employer and an association that
is recognized as the sole and exclusive bargaining agent for all peace
officers and detention officers employed by the sheriff's department agree.

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 158, Subchapter B, Local Government Code, by
adding Section 158.041, as follows: 

Sec. 158.041.  EMPLOYMENT MATTERS IN CERTAIN SHERIFF DEPARTMENTS. (a)
Provides that this section does not apply to a county with a population of
more than 1 million or to a county that has adopted Chapter 174 (Fire and
Police Employee Relations), Local Government Code.  

(b)  Defines "association" and "public employer" for the purposes of this
section. 

(c) Prohibits a county from being denied local control over wages,
salaries, rates of pay, hours of work, other terms and conditions of
employment, or other personnel issues on which the public employer and an
association that is recognized as the sole and exclusive bargaining agent
for all peace officers and detention officers employed by the sheriff's
department agree. Provides that a  term or condition of employment on which
the public employer and the association do not agree is governed by
applicable statutes, local ordinances, and civil service rules. Provides
that an agreement must be reduced to writing. Establishes that this section
does not require the public employer and the association to meet and confer
or reach an agreement on any issue.  

(d)  Authorizes a public employer and an association recognized under this
section as a sole and exclusive bargaining agent to meet and confer only if
the association does not advocate the illegal right to strike by public
employees.  

(e)  Prohibits a peace officer or detention officer of a sheriff's
department from engaging in a strike or organized work stoppage against
this state or a political subdivision of this state. Provides that a peace
officer or detention officer who participates in a strike forfeits certain
rights, benefits, or privileges. Provides that this subsection does not
affect the right of a person to cease employment if the person is not
acting in concert with peace officers or detention officers.  
 
(f)  Authorizes the public employer to recognize an association that
submits a petition signed by a majority of the paid peace officers and
detention officers of the sheriff's department, excluding exempt employees
described by this section. 

(g)  Requires a question of whether an association is the majority
representative of the covered peace officers and detention officers to be
resolved by a fair election conducted according to procedures agreed on by
the parties.  Authorizes either party to request the American Arbitration
Association to conduct the election and to certify the results, if the
parties are unable to agree on election procedures.  Provides that
certification of the results of an election under this subsection resolves
the question concerning representation.  Requires the association to pay
the costs of the election. Requires the associations to share equally the
costs of the election if two or more associations seeking recognition as
the bargaining agent submit petitions signed by a majority of the peace
officers and detention officers.  

(h) Requires the public employer's chief executive or his designee to
select a team to represent the public employer as its sole and exclusive
bargaining agent for issues related to the employment of peace officers and
detention officers by the sheriff's department.  

(i)  Specifies that an agreement made under this section is a public record
for purposes of Chapter 552  (Public Information), Government Code.
Provides that the agreement and any document prepared and used by the
sheriff's department in connection with the agreement are available to the
public under the open records law, Chapter 552, Government Code, only after
the agreement is ratified by the governing body of the county.  Provides
that this section does not affect the application of Subchapter C
(Information Excepted From Required Disclosure), Chapter 552, Government
Code, to a document prepared and used by the sheriff's department in
connection with the agreement.  

(j)  Provides that a written agreement made under this section between a
public employer and an association is binding on the public employer, the
association, and peace officers and detention officers covered by the
agreement under certain provisions set forth in this subsection.  
  
(k)  Authorizes an agreement ratified as described by Subsection (j) to
establish a procedure by which the parties agree to resolve disputes
related to a right, duty, or obligation provided by the agreement,
including binding arbitration on interpretation of the agreement.  

(l)  Specifies that the district court of the judicial district in which
the county is located has full authority and jurisdiction on the
application of either party aggrieved by an act or omission of the other
party related to a right, duty, or obligation provided by a written
agreement ratified as provided by this section. Authorizes the court to
issue certain writs, orders, or processes that are appropriate to enforce
the agreement. 

(m)  Specifies that an agreement under this section supersedes a previous
statute concerning wages, salaries, rates of pay, hours of work, or other
terms and conditions of employment to the extent of any conflict with the
statute.  

(n)  Specifies that an agreement under this section preempts any contrary
statute, executive order, local ordinance, or rule adopted by the state or
a political subdivision or agent of the state, including a personnel board,
a civil service commission, or a county.  

(o)  Prohibits an agreement under this section from diminishing or
qualifying any right, benefit, or privilege of an employee under this
chapter or other law unless otherwise approved. 

(p)  Prohibits an agreement from interfering with the right of a member of
a bargaining  unit to pursue allegations of discrimination based on race,
creed, color, national origin, religion, age, sex, or disability with the
Commission on Human Rights or the Equal Employment Opportunity Commission
or to pursue affirmative action litigation.  

SECTION 2. Effective date: September 1, 1999.

SECTION 3.  Emergency clause.
            Effective date: upon passage.