By Garcia                                             H.B. No. 1201
         76R3750 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the conditions of employment for police officers in
 1-3     certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 141, Local Government Code, is amended by
 1-6     adding Subchapter C to read as follows:
 1-7           SUBCHAPTER C.  POLICE OFFICER EMPLOYMENT AGREEMENTS IN
 1-8                           CERTAIN MUNICIPALITIES
 1-9           Sec. 141.101.  APPLICABILITY.  This subchapter applies only
1-10     to a municipality that:
1-11                 (1)  has a population of one million or more; and
1-12                 (2)  has not voted to adopt Chapter 143 or 174.
1-13           Sec. 141.102.  DEFINITIONS.  In this subchapter:
1-14                 (1)  "Association" means an organization in which
1-15     police officers participate and that exists for the purpose, in
1-16     whole or in part, of dealing with one or more employers, whether
1-17     public or private, concerning grievances, labor disputes, wages,
1-18     rates of pay, hours of employment, or conditions of work affecting
1-19     public employees.
1-20                 (2)  "Public employer" means a municipality, or an
1-21     agency, board, or commission, or other governmental entity
1-22     controlled by a municipality, that is required to establish the
1-23     wages, salaries, rates of pay, hours, working conditions, and other
1-24     terms and conditions of employment of public employees.  The term
 2-1     includes, under appropriate circumstances, a mayor, manager,
 2-2     administrator of a municipality, municipal governing body, director
 2-3     of personnel, personnel board, or one or more other officials,
 2-4     regardless of the name by which they are designated.
 2-5           Sec. 141.103.  GENERAL PROVISIONS RELATING TO AGREEMENTS AND
 2-6     STRIKES.  (a)  The wages, assistance, benefits, working conditions,
 2-7     and other terms of municipal employment for a municipality's police
 2-8     officers may be determined by an agreement between a public
 2-9     employer and the bargaining agent for police officers in the
2-10     municipality.  An agreement must be in writing to be enforceable.
2-11           (b)  A municipality and the bargaining agent are not required
2-12     by this subchapter to meet and confer on any issue and are not
2-13     required to reach an agreement.
2-14           (c)  A public employer may meet and confer only if an
2-15     association recognized under this subchapter as the sole and
2-16     exclusive bargaining agent does not advocate the illegal right to
2-17     strike by public employees.
2-18           (d)  Police officers of a municipality may not engage in
2-19     strikes or organized work stoppages against this state or a
2-20     political subdivision of this state.  A police officer who
2-21     participates in a strike or organized work stoppage forfeits all
2-22     civil service rights, reemployment rights, and any other rights,
2-23     benefits, or privileges the police officer enjoys as a result of
2-24     employment or prior employment.
2-25           Sec. 141.104.  RECOGNITION OF ASSOCIATION AS BARGAINING
2-26     AGENT.  (a)  An association submitting a petition signed by a
2-27     majority of the police officers employed by the municipality,
 3-1     excluding the head of the department and assistant department heads
 3-2     in the rank or classification immediately below that of the
 3-3     department head, shall be recognized by the public employer as the
 3-4     sole and exclusive bargaining agent for all of the police officers
 3-5     entitled to sign the petition until recognition of the association
 3-6     is withdrawn by a majority of those police officers.
 3-7           (b)  Whether an association represents a majority of the
 3-8     police officers entitled to sign the petition under Subsection (a)
 3-9     shall be resolved by a fair election conducted according to
3-10     procedures agreeable to the parties.  If the parties are unable to
3-11     agree on procedures, either party may request the American
3-12     Arbitration Association to conduct the election and to certify the
3-13     results.  Certification of the results of an election resolves the
3-14     question concerning representation.  The  association is liable for
3-15     the expenses of the election, except that if two or more
3-16     associations seeking recognition as the bargaining agent submit
3-17     petitions signed by a majority of the police officers entitled to
3-18     sign the petition under Subsection (a), the associations shall
3-19     share equally the costs of the election.
3-20           Sec. 141.105.  OPEN RECORDS REQUIRED.  All documents relating
3-21     to an agreement between an association and a public employer are
3-22     available to the public in accordance with any applicable state
3-23     statutes.
3-24           Sec. 141.106.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.
3-25     (a)  A written agreement made under this subchapter between a
3-26     public employer and an association recognized as the sole and
3-27     exclusive bargaining agent is enforceable and binding on the public
 4-1     employer, the association recognized as the sole and exclusive
 4-2     bargaining agent, and all police officers entitled to sign a
 4-3     petition under Section 141.104(a) if:
 4-4                 (1)  the municipality's governing body ratified the
 4-5     agreement; and
 4-6                 (2)  the association ratified the agreement by
 4-7     conducting a secret ballot election at which only police officers
 4-8     of the municipality in the association were eligible to vote, and a
 4-9     majority of the votes cast at the election favored ratifying the
4-10     agreement.
4-11           (b)  A state district court of the judicial district in which
4-12     a majority of the population of the municipality is located has
4-13     full authority and jurisdiction on the application of either party
4-14     aggrieved by an action or omission of the other party when the
4-15     action or omission is related to a right, duty, or obligation
4-16     provided by any written agreement ratified under Subsection (a).
4-17     The court may issue proper restraining orders, temporary and
4-18     permanent injunctions, and any other writ, order, or process,
4-19     including contempt orders, that are appropriate to enforcing the
4-20     written agreement ratified under Subsection (a).
4-21           Sec. 141.107.  CONFLICTING PROVISIONS.  (a)  A written
4-22     agreement under this subchapter preempts all contrary local
4-23     ordinances, executive orders, civil service provisions, or rules
4-24     adopted by a municipality or a political subdivision or agent of a
4-25     municipality, such as a personnel board or a civil service
4-26     commission.
4-27           (b)  An agreement under this subchapter may not diminish or
 5-1     qualify any right, benefit, or privilege of an employee under a
 5-2     local ordinance or other local law unless approved by a majority of
 5-3     the votes cast at the secret ballot election held by the
 5-4     association to ratify the agreement under Section 141.006.
 5-5           (c)  An agreement may not interfere with the right of a
 5-6     police officer to pursue allegations of discrimination based on
 5-7     race, creed, color, national origin, religion, age, sex, or
 5-8     disability with the Commission on Human Rights or the United States
 5-9     Equal Employment Opportunity Commission or to pursue affirmative
5-10     action litigation.
5-11           (d)  A matter that is not covered by an agreement ratified
5-12     under Section 141.006 remains covered by any applicable local civil
5-13     service provision, local ordinance, or other local law.
5-14           Sec. 141.108.  REPEAL.  (a)  If, not later than 45 days after
5-15     the date the agreement is ratified by the municipality and the
5-16     association recognized as the sole and exclusive bargaining agent,
5-17     the voters submit a petition to the municipal secretary signed by a
5-18     number of voters equal to ten percent of the votes cast at the most
5-19     recent mayoral election in the municipality, the governing body of
5-20     the municipality must:
5-21                 (1)  vote to repeal the agreement; or
5-22                 (2)  call an election of the registered qualified
5-23     voters in the municipality to vote on whether to repeal the
5-24     agreement.
5-25           (b)  An election under this section must be held during the
5-26     next regularly scheduled municipal general election or at a special
5-27     election called by the governing body of the municipality.  The
 6-1     agreement is repealed if a majority of votes in the election are in
 6-2     favor of repeal.
 6-3           (c)  The ballot at an election under this section shall be
 6-4     printed to provide for voting for or against the proposition:
 6-5     "Repeal of the adoption of the agreement ratified by the
 6-6     municipality and the police officers of the municipality concerning
 6-7     wages, salaries, rates of pay, hours of work, and other terms of
 6-8     employment."
 6-9           SECTION 2.  Chapter 142, Local Government Code, is amended by
6-10     adding Section 142.0011 to read as follows:
6-11           Sec. 142.0011.  APPLICABILITY.  A provision of this chapter
6-12     does not apply to police officers in a municipality if the
6-13     municipality adopts an agreement under Subchapter C, Chapter 141,
6-14     regarding the wages, salaries, rates of pay, hours, working
6-15     conditions, and other terms and conditions of employment of police
6-16     officers and the agreement addresses the matter addressed by the
6-17     provision.
6-18           SECTION 3.  This Act takes effect September 1, 1999.
6-19           SECTION 4.  The importance of this legislation and the
6-20     crowded condition of the calendars in both houses create an
6-21     emergency and an imperative public necessity that the
6-22     constitutional rule requiring bills to be read on three several
6-23     days in each house be suspended, and this rule is hereby suspended.