SRC-JJJ S.B. 1539 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1539
76R5703 AJA-DBy: Gallegos
Intergovernmental Relations
4/6/1999
As Filed


DIGEST 

Currently, the Houston Police Department does not have the ability to
replace a bargaining agent, relating to dealing with employment
negotiations, should a majority of the police officers choose to do so.
S.B. 1539 would establish provisions regarding local control of police
officer employment matters by certain municipalities. 

PURPOSE

As proposed, S.B. 1539 establishes provisions regarding local control of
police  officer employment matters by certain municipalities. 

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 Sections 143.352(1) and (2), Local Government Code, to
redefine "bargaining agent" and "police employee group." 

SECTION 2.  Amends Sections 143.353(a) and (b), Local Government Code, to
prohibit a municipality from being denied local control over certain funds,
terms of employment, or statemandated issues, if the employer and
bargaining agent, rather than majority bargaining agent, come to a mutual
agreement on any of the terms of employment.  Makes a conforming change. 

SECTION 3.  Amends Section 143.354, Local Government Code, as follows:

Sec. 143.354.  New heading: RECOGNITION OF POLICE EMPLOYEE GROUP.
Authorizes the public employer to recognize a police employee group that
submits a petition signed by a majority of the paid police officers in the
municipality, excluding certain persons, as the sole and exclusive
bargaining agent for all of the police officers in the municipality, unless
recognition of the police employee group is withdrawn by a majority of
those police officers.  Requires a police employee group 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, in
the event of unresolved election procedures, to conduct the election and
certify the results, whereby resolving the question concerning
representation. Sets forth requirements for payment of costs of an election
by one or more police employee groups.  Requires the public employer's
chief executive officer to designate a team to represent the public
employer as its sole and exclusive bargain agent for issues related to the
police department.  Deletes existing section regarding the selection of a
majority bargaining agent. 
  
SECTION 4.  Amends Section 143.357, Local Government Code, to make
conforming changes.   

SECTION 5.  Amends Section 143.358, Local Government Code, to make a
conforming change. 

SECTION 6.  Amends Section 143.359(a), Local Government Code, to delete
text regarding approval by a bargaining team.  Makes conforming changes. 
 
SECTION 7.  Amends 143.360, Local Government Code, to delete text regarding
an election involving the bargaining team.  Make conforming changes. 

SECTION 8.  Amends Sections 143.361(a) and (c), Local Government Code, to
make conforming changes. 

SECTION 9.  Amends Section 143.362, Local Government Code, to make
conforming changes. 

SECTION 10.  Amends Section 143.363(a), Local Government Code, to make a
conforming change. 

SECTION 11. Repealers: Sections 143.355 and 143.356, Local Government Code
(regarding the election of a majority bargaining agent and bargaining team
negotiations). 

SECTION 12.  Effective date: September 1, 1999.
              Makes application of this Act prospective.

SECTION 13.  Emergency clause.