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.