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.