SRC-JXG S.B. 961 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 961
76R7667 TBy: Barrientos
Intergovernmental Relations
4/19/1999
As Filed


DIGEST 

Currently, Texas law limits local governments from adopting meet and confer
agreements with representatives of law enforcement personnel, unless
specifically authorized by law. S.B. 961 would allow meet and confer
agreements involving employees of the sheriff's department, if the counties
have less than one million people and have not adopted Chapter 174, Local
Government Code. 

PURPOSE

As proposed, S.B. 961 allows meet and confer agreements between law
enforcement personnel. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 158B, 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, Local
Government Code.  

(b) Defines "association" and "public employer." 

(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. Requires an
agreement to be reduced to writing. Provides 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 all
civil services rights, reemployment rights, and other rights, benefits, or
privileges the peace officer or detention officer enjoys as a result of the
person's employment or previous employment with the sheriff's department.
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,
as the sole and exclusive bargaining agent for all of the covered peace
officers and detention officers unless recognition of the association is
withdrawn by a majority of the covered peace officers and detention
officers.  

(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 under 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, except that if two or more associations seeking
recognition as the bargaining agent submit petitions signed by a majority
of the peace officers and detention officers, the associations shall share
equally the costs of the election.  

(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) Provides that an agreement made under this section is a public record
for purposes of Chapter 552, 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, 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 if the county's governing body ratifies the agreement by a
majority vote, and the applicable association ratifies the agreement by a
majority vote of its members by secret ballot. 

(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) Provides 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 proper restraining
orders, temporary and permanent injunctions, or any other writ, order, or
process, including a contempt order, that is appropriate to enforce the
agreement.  

(m) Provides 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) Provides that an agreement under this section preempts any contrary
statute, executive order, local ordinance, or rule adopted by the state or
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 approved by a majority vote by secret ballot of
the members of the association recognized as a sole and exclusive
bargaining agent.  

(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.