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.