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.