By Farrar H.B. No. 2874 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to conditions of employment for peace officers employed by 1-3 certain transportation authorities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 451, Transportation Code is amended by 1-6 adding Section 451.1085 to read as follows: 1-7 Sec. 451.1085. PEACE OFFICER EMPLOYMENT MATTERS IN CERTAIN 1-8 AUTHORITIES. (a) This section applies to an authority in which 1-9 the principal municipality has a population of more than 1.5 1-10 million. 1-11 (b) In this section: 1-12 (1) "Association" means an organization in which peace 1-13 officers employed by an authority participate and that exists for 1-14 the purpose, in whole or in part, of dealing with the authority 1-15 concerning grievances, labor disputes, wages, rates of pay, hours 1-16 of employment, or conditions of work affecting the peace officers. 1-17 (2) "Public employer" means an authority that is 1-18 required to establish the wages, salaries, rates of pay, hours, 1-19 working conditions, and other terms and conditions of employment of 1-20 peace officers employed by the authority. 1-21 (c) An authority 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 employed by the 2-5 authority agree. A term or condition of employment on which the 2-6 public employer and the association do not agree is governed by 2-7 applicable statutes and local rules and regulations. An agreement 2-8 must be reduced to writing. This section does not require the 2-9 public employer and the association to meet and confer or reach an 2-10 agreement on any issue. 2-11 (d) A public employer and an association recognized under 2-12 this subchapter as a sole and exclusive bargaining agent may meet 2-13 and confer only if the association does not advocate the illegal 2-14 right to strike by public employees. 2-15 (e) A peace officer of an authority may not engage in a 2-16 strike or organized work stoppage against this state or a political 2-17 subdivision of this state. A peace officer who participates in a 2-18 strike forfeits all civil service rights, reemployment rights, and 2-19 other rights, benefits, or privileges the peace officer enjoys as a 2-20 result of the person's employment or previous employment with the 2-21 authority. This subsection does not affect the right of a person 2-22 to cease employment if the person is not acting in concert with 2-23 peace officers. 2-24 (f) The public employer may recognize an association that 2-25 submits a petition signed by a majority of the paid peace officers 3-1 of the authority, excluding the head of the department and 3-2 assistant department heads in the rank or classification 3-3 immediately below that of the department head, as the sole and 3-4 exclusive bargaining agent for all of the covered peace officers 3-5 unless recognition of the association is withdrawn by a majority of 3-6 the covered peace officers. 3-7 (g) A question of whether an association is the majority 3-8 representative of the covered peace officers shall be resolved by a 3-9 fair election conducted according to procedures agreed on by the 3-10 parties. If the parties are unable to agree on election 3-11 procedures, either party may request the American Arbitration 3-12 Association to conduct the election and to certify the results. 3-13 Certification of the results of an election under this subsection 3-14 resolves the question concerning representation. The association 3-15 shall pay the costs 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 peace officers, the 3-18 associations shall share equally the costs of the election. 3-19 (h) The public employer's manager or chief executive or his 3-20 designee shall select a team to represent the public employer as 3-21 its sole and exclusive bargaining agent for issues related to the 3-22 employment of peace officers by the authority. 3-23 (i) An agreement made under this section is a public record 3-24 for purposes of Chapter 552, Government Code. The agreement and 3-25 any document prepared and used by the authority in connection with 4-1 the agreement are available to the public under the open records 4-2 law, Chapter 552, Government Code, only after the agreement is 4-3 ratified by the authority's governing body. This section does not 4-4 affect the application of Subchapter C, Chapter 552, Government 4-5 Code, to a document prepared and used by the authority in 4-6 connection with the agreement. 4-7 (j) A written agreement made under this section between a 4-8 public employer and an association is binding on the public 4-9 employer, the association, and peace officers covered by the 4-10 agreement if: 4-11 (1) the authority's governing body ratifies the 4-12 agreement by a majority vote; and 4-13 (2) the applicable association ratifies the agreement 4-14 by a majority vote of its members by secret ballot. 4-15 (k) An agreement ratified as described by Subsection (j) may 4-16 establish a procedure by which the parties agree to resolve 4-17 disputes related to a right, duty, or obligation provided by the 4-18 agreement, including binding arbitration on interpretation of the 4-19 agreement. 4-20 (l) The district court of the judicial district in which the 4-21 municipality in the authority with the largest population is 4-22 located has full authority and jurisdiction on the application of 4-23 either party aggrieved by an act or omission of the other party 4-24 related to a right, duty, or obligation provided by a written 4-25 agreement ratified as described by Subsection (j). The court may 5-1 issue proper restraining orders, temporary and permanent 5-2 injunctions, or any other writ, order, or process, including a 5-3 contempt order, that is appropriate to enforce the agreement. 5-4 (m) An agreement under this section supersedes a previous 5-5 statute concerning wages, salaries, rates of pay, hours of work, or 5-6 other terms and conditions of employment to the extent of any 5-7 conflict with the statute. 5-8 (n) An agreement under this section preempts any contrary 5-9 statute, executive order, local ordinance, or rule adopted by the 5-10 state or a political subdivision or agent of the state, including a 5-11 personnel board, a civil service commission, or a home-rule 5-12 municipality. 5-13 (o) An agreement under this section may not diminish or 5-14 qualify any right, benefit, or privilege of an employee under this 5-15 chapter or other law unless approved by a majority vote by secret 5-16 ballot of the members of the association recognized as a sole and 5-17 exclusive bargaining agent. 5-18 (p) An agreement may not interfere with the right of a 5-19 member of a bargaining unit to pursue allegations of discrimination 5-20 based on race, creed, color, national origin, religion, age, sex, 5-21 or disability with the Commission on Human Rights or the Equal 5-22 Employment Opportunity Commission or to pursue affirmative action 5-23 litigation. 5-24 SECTION 2. This act takes effect September 1, 1999. 5-25 SECTION 3. The importance of this legislation and the 6-1 crowded condition of the calendars in both houses create an 6-2 emergency and an imperative public necessity that the 6-3 constitutional rule requiring bills to be read on three several 6-4 days in each house be suspended, and this rule is hereby suspended, 6-5 and that this Act take effect and be in force from and after its 6-6 passage, and it is so enacted.