By Keel                                               H.B. No. 2773
         76R7667 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to conditions of employment for peace officers and
 1-3     detention officers employed by certain sheriff departments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 158, Subchapter B, Local Government Code
 1-6     is amended by adding Section 158.041 to read as follows:
 1-7           Sec. 158.041.  EMPLOYMENT MATTERS IN CERTAIN SHERIFF
 1-8     DEPARTMENTS.  (a)  This section does not apply to a county with a
 1-9     population of more than 1 million or to a county that has adopted
1-10     Chapter 174, Local Government Code.
1-11           (b)  In this section:
1-12                 (1)  "Association" means an organization in which peace
1-13     officers and detention officers employed by the sheriff's
1-14     department participate and that exists for the purpose, in whole or
1-15     in part, of dealing with the county concerning grievances, labor
1-16     disputes, wages, rates of pay, hours of employment, or conditions
1-17     of work affecting the peace officers and detention officers.
1-18                 (2)  "Public employer" means the sheriff, county or any
1-19     agency, board, or commission controlled by the county that is
1-20     required to establish the wages, salaries, rates of pay, hours,
1-21     working conditions, and other terms and conditions of employment of
1-22     peace officers and detention officers employed by the sheriff's
1-23     department.
1-24           (c)  A county may not be denied local control over wages,
 2-1     salaries, rates of pay, hours of work, other terms and conditions
 2-2     of employment, or other personnel issues on which the public
 2-3     employer and an association that is recognized as the sole and
 2-4     exclusive bargaining agent for all peace officers and detention
 2-5     officers employed by the sheriff's department agree.  A term or
 2-6     condition of employment on which the public employer and the
 2-7     association do not agree is governed by applicable statutes, local
 2-8     ordinances, and civil service rules.  An agreement must be reduced
 2-9     to writing.  This section does not require the public employer and
2-10     the association to meet and confer or reach an agreement on any
2-11     issue.
2-12           (d)  A public employer and an association recognized under
2-13     this section as a sole and exclusive bargaining agent may meet and
2-14     confer only if the association does not advocate the illegal right
2-15     to strike by public employees.
2-16           (e)  A peace officer or detention officer of a sheriff's
2-17     department may not engage in a strike or organized work stoppage
2-18     against this state or a political subdivision of this state.  A
2-19     peace officer or detention officer who participates in a strike
2-20     forfeits all civil service rights, reemployment rights, and other
2-21     rights, benefits, or privileges the peace officer or detention
2-22     officer enjoys as a result of the person's employment or previous
2-23     employment with the sheriff's department.  This subsection does not
2-24     affect the right of a person to cease employment if the person is
2-25     not acting in concert with peace officers or detention officers.
2-26           (f)  The public employer may recognize an association that
2-27     submits a petition signed by a majority of the paid peace officers
 3-1     and detention officers of the sheriff's department, excluding
 3-2     exempt employees, as the sole and exclusive bargaining agent for
 3-3     all of the covered peace officers and detention officers unless
 3-4     recognition of the association is withdrawn by a majority of the
 3-5     covered peace officers and detention officers.
 3-6           (g)  A question of whether an association is the majority
 3-7     representative of the covered peace officers and detention officers
 3-8     shall be resolved by a fair election conducted according to
 3-9     procedures agreed on by the parties.  If the parties are unable to
3-10     agree on election procedures, either party may request the American
3-11     Arbitration Association to conduct the election and to certify the
3-12     results.  Certification of the results of an election under this
3-13     subsection resolves the question concerning representation.  The
3-14     association shall pay the costs of the election, except that if two
3-15     or more associations seeking recognition as the bargaining agent
3-16     submit petitions signed by a majority of the peace officers and
3-17     detention officers, the associations shall share equally the costs
3-18     of the election.
3-19           (h)  The public employer's chief executive or his designee
3-20     shall select a team to represent the public employer as its sole
3-21     and exclusive bargaining agent for issues related to the employment
3-22     of peace officers and detention officers by the sheriff's
3-23     department.
3-24           (i)  An agreement made under this section is a public record
3-25     for purposes of Chapter 552, Government Code.  The agreement and
3-26     any document prepared and used by the sheriff's department in
3-27     connection with the agreement are available to the public under the
 4-1     open records law, Chapter 552, Government Code, only after the
 4-2     agreement is ratified by the governing body of the county.  This
 4-3     section does not affect the application of Subchapter C, Chapter
 4-4     552, Government Code, to a document prepared and used by the
 4-5     sheriff's department in connection with the agreement.
 4-6           (j)  A written agreement made under this section between a
 4-7     public employer and an association is binding on the public
 4-8     employer, the association, and peace officers and detention
 4-9     officers covered by the agreement if:
4-10                 (1)  the county's governing body ratifies the agreement
4-11     by a majority vote; and
4-12                 (2)  the applicable association ratifies the agreement
4-13     by a majority vote of its members by secret ballot.
4-14           (k)  An agreement ratified as described by Subsection (j) may
4-15     establish a procedure by which the parties agree to resolve
4-16     disputes related to a right, duty, or obligation provided by the
4-17     agreement, including binding arbitration on interpretation of the
4-18     agreement.
4-19           (l)  The district court of the judicial district in which the
4-20     county is located has full authority and jurisdiction on the
4-21     application of either party aggrieved by an act or omission of the
4-22     other party related to a right, duty, or obligation provided by a
4-23     written agreement ratified as provided by this section.  The court
4-24     may issue proper restraining orders, temporary and permanent
4-25     injunctions, or any other writ, order, or process, including a
4-26     contempt order, that is appropriate to enforce the agreement.
4-27           (m)  An agreement under this section supersedes a previous
 5-1     statute concerning wages, salaries, rates of pay, hours of work, or
 5-2     other terms and conditions of employment to the extent of any
 5-3     conflict with the statute.
 5-4           (n)  An agreement under this section preempts any contrary
 5-5     statute, executive order, local ordinance, or rule adopted by the
 5-6     state or a political subdivision or agent of the state, including a
 5-7     personnel board, a civil service commission, or a county.
 5-8           (o)  An agreement under this section may not diminish or
 5-9     qualify any right, benefit, or privilege of an employee under this
5-10     chapter or other law unless approved by a majority vote by secret
5-11     ballot of the members of the association recognized as a sole and
5-12     exclusive bargaining agent.
5-13           (p)  An agreement may not interfere with the right of a
5-14     member of a bargaining unit to pursue allegations of discrimination
5-15     based on race, creed, color, national origin, religion, age, sex,
5-16     or disability with the Commission on Human Rights or the Equal
5-17     Employment Opportunity Commission or to pursue affirmative action
5-18     litigation.
5-19           SECTION 2.  This act takes effect September 1, 1999.
5-20           SECTION 3.  The importance of this legislation and the
5-21     crowded condition of the calendars in both houses create an
5-22     emergency and an imperative public necessity that the
5-23     constitutional rule requiring bills to be read on three several
5-24     days in each house be suspended, and this rule is hereby suspended,
5-25     and that this Act take effect and be in force from and after its
5-26     passage, and it is so enacted.