By Talton H.B. No. 3375
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 the conditions of employment for police officers in
1-3 certain municipalities with a population of 1.5 million and above.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.352, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 143.352. DEFINITIONS. In this subchapter:
1-8 (1) ["Majority bargaining agent"] Bargaining agent
1-9 means the police employee group selected under Section 143.354 or
1-10 143.355 to represent all police officers employed by the
1-11 municipality during negotiations with the public employer.
1-12 (2) "Police employee group" means an organization:
1-13 (A) in which at least three percent of the
1-14 police officers of the municipality participate and pay dues via
1-15 automatic payroll deduction; and
1-16 (B) which exists for the purpose, in whole or
1-17 part, of dealing with the municipality concerning grievances, labor
1-18 disputes, wages, rates of pay, benefits, hours of employment, or
1-19 conditions of work affecting police officers.
1-20 (3) "Public employer" means any municipality or
1-21 agency, board, commission, or political subdivision controlled by a
2-1 municipality that is required to establish the wages, salaries,
2-2 rates of pay, hours, working conditions, and other terms and
2-3 conditions of employment of police officers. The term includes,
2-4 under appropriate circumstances, a mayor, manager, administrator of
2-5 a municipality, municipal governing body, director of personnel,
2-6 personnel board, or one or more other officials, regardless of the
2-7 name by which they are designated.
2-8 SECTION 2. Section 143.353, Local Government Code, is
2-9 amended to read as follows:
2-10 Sec. 143.353. GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-11 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
2-12 local control over the wages, salaries, rates of pay, hours of
2-13 work, and other terms of employment, or other state-mandated
2-14 personnel issues, if the public employer and the majority
2-15 bargaining agent come to a mutual agreement on any of the terms of
2-16 employment. If an agreement is not reached, the state laws, local
2-17 ordinances, and civil service rules remain unaffected. All
2-18 agreements shall be written. Nothing in this subchapter requires
2-19 either party to meet and confer on any issue or reach an agreement.
2-20 (b) A public employer may only meet and confer if the
2-21 majority bargaining agent does not advocate the illegal right to
2-22 strike by public employees.
2-23 (c) Police officers of a municipality may not engage in
2-24 strikes or organized work stoppages against this state or a
2-25 political subdivision of this state. A police officer who
3-1 participates in a strike or work stoppage forfeits all civil
3-2 service rights, reemployment rights, and any other rights,
3-3 benefits, or privileges the police officer enjoys as a result of
3-4 employment or prior employment.
3-5 SECTION 3. Section 143.354, Local Government, code is
3-6 amended to read as follows:
3-7 [Sec. 143.354. SELECTION OF MAJORITY BARGAINING AGENT. (a)
3-8 Not later than January 31, 1998, representatives from each police
3-9 employee group shall meet to select the majority bargaining agent.
3-10 The majority bargaining agent must be selected unanimously.]
3-11 [(b) If the representatives of the police employee groups
3-12 fail to meet or are unable to reach a unanimous consensus as to a
3-13 majority bargaining agent before January 31, 1998, the selection of
3-14 a majority bargaining agent will be governed by Section 143.355.]
3-15 Sec. 143.354. RECOGNITION OF POLICE OFFICERS ASSOCIATION.
3-16 (a) The public employer may recognize an association that submits
3-17 a petition signed by a majority of the paid police officers in the
3-18 municipality, excluding the head of the department and assistant
3-19 department heads in the rank or classification immediately below
3-20 that of the department head, as the sole and exclusive bargaining
3-21 agent for all of the covered police officers unless recognition of
3-22 the association is withdrawn by a majority of the covered police
3-23 officers.
3-24 (b) A question of whether an association is the majority
3-25 representative of the covered police officers shall be resolved by
4-1 a fair election conducted according to procedures agreed on by the
4-2 parties. If the parties are unable to agree on election
4-3 procedures, either party may request the American Arbitration
4-4 Association to conduct the election and to certify the results.
4-5 Certification of the results of an election under this subsection
4-6 resolves the question concerning representation. The association
4-7 shall pay the costs of the election, except that if two or more
4-8 associations seeking recognition as the bargaining agent submit
4-9 petitions signed by a majority of the covered police officers, the
4-10 associations shall share equally the costs of the election.
4-11 (c) The public employer's chief executive officer shall
4-12 designate a team to represent the public employer as its sole and
4-13 exclusive bargaining agent for issues related to the related to the
4-14 police department.
4-15 SECTION 4. Section 143.355, Local Government Code is
4-16 repealed.
4-17 [Sec. 143.355. ELECTION OF MAJORITY BARGAINING AGENT. (a)
4-18 This section does not apply if a majority bargaining agent is
4-19 selected under Section 143.354.]
4-20 [(b) The governing body of a police employee group, by
4-21 resolution, may call for an election to select a majority
4-22 bargaining agent. The election shall be held not earlier than the
4-23 60th day and not later than the 90th day after the date the
4-24 resolution is adopted.]
4-25 [(c) All police officers employed by the municipality are
5-1 entitled to vote in the election.]
5-2 [(d) The police employee group receiving a majority of the
5-3 votes cast shall be the majority bargaining agent.]
5-4 [(e) If no police employee group receives a majority of the
5-5 votes cast, the two police employee groups receiving the highest
5-6 number of votes shall participate in a runoff election. The runoff
5-7 election shall be held not later than the 30th day after the date
5-8 of the initial election.]
5-9 [(f) If the police employee groups participating in the
5-10 election are unable to agree on the procedures for the election,
5-11 any group may request that the American Arbitration Association
5-12 conduct the election and certify the results. Certification of the
5-13 results of an election resolves the question of the selection of
5-14 the majority bargaining agent.]
5-15 [(g) All police employee groups participating in the
5-16 election shall share equally the expenses of the election. A
5-17 police employee group that fails to pay its share of the election
5-18 expenses forfeits the right to participate on the bargaining team
5-19 under Section 143.356.]
5-20 SECTION 5.
5-21 [Sec. 143.356. BARGAINING TEAM; NEGOTIATIONS. (a) A bargaining
5-22 team shall be created to advise and give direction to the majority
5-23 bargaining agent.]
5-24 [(b) The governing body of a police employee group may
5-25 appoint one person to serve on the bargaining team.]
6-1 [(c) The majority bargaining agent will represent all police
6-2 officers and negotiate with the public employer in an effort to
6-3 reach an agreement. The bargaining team shall review any agreement
6-4 reached between the majority bargaining agent and the public
6-5 employer. A majority of the members of the bargaining team must
6-6 approve the agreement before a ratification election can be held
6-7 under Section 143.360.]
6-8 [(d) All police employee groups that are represented on the
6-9 bargaining team shall share equally the expenses associated with
6-10 the negotiation of an agreement by the majority bargaining agent.
6-11 A police employee group that fails to reimburse the majority
6-12 bargaining agent for the reasonable expenses incurred before the
6-13 30th day after the date the police employee group is notified of
6-14 the expense forfeits all rights expressly granted to the police
6-15 employee group under this subchapter, including its right to
6-16 representation on the bargaining team.]
6-17 SECTION 6. Sec. 143.357. PAYROLL DUES DEDUCTIONS. After a
6-18 majority bargaining agent is recognized, the public employer may
6-19 not stop or prevent automatic payroll deductions for dues paid to a
6-20 police employee group because the group is or is not the majority
6-21 bargaining agent.
6-22 SECTION 7. Sec. 143.358. Open Records Required. All
6-23 documents relating to an agreement between a majority bargaining
6-24 agent and a public employer shall be available to the public in
6-25 accordance with state statutes.
7-1 SECTION 8. Sec. 143.359. ENFORCEABILITY OF AGREEMENT.
7-2 (a) A written agreement made under this subchapter between a
7-3 public employer and a majority bargaining agent and approved by the
7-4 bargaining team is enforceable and binding on the public employer,
7-5 the majority bargaining agent, police employee groups, and the
7-6 police officers covered by the agreement if:
7-7 (1) the municipality's governing body ratified the
7-8 agreement by a majority vote; and
7-9 (2) the agreement is ratified under Section 143.360.
7-10 (b) A state district court of the judicial district in which
7-11 a majority of the population of the municipality is located has
7-12 full authority and jurisdiction on the application of either party
7-13 aggrieved by an action or omission of the other party when the
7-14 action or omission is related to a right, duty, or obligation
7-15 provided by any written agreement ratified as required by this
7-16 subchapter. The court may issue proper restraining orders,
7-17 temporary and permanent injunctions, and any other writ, order, or
7-18 process, including contempt orders, that are appropriate to
7-19 enforcing any written agreement ratified as required by this
7-20 subchapter.
7-21 SECTION 9. Section 143.360, Local Government Code is amended
7-22 to read as follows:
7-23 Sec. 143.360. ELECTION TO RATIFY AGREEMENT. (a) The
7-24 [majority bargaining agent] bargaining agent shall call an election
7-25 to ratify any agreement reached with the public employer [if the
8-1 agreement has been approved by a majority of the bargaining team].
8-2 (b) All police officers of the municipality are eligible to
8-3 vote in the election.
8-4 (c) The bargaining [team] agent shall establish procedures
8-5 for the election. [by unanimous consensus.]
8-6 [(d) If the bargaining team is unable to agree on procedures
8-7 for the election, any group represented on the bargaining team may
8-8 request that the American Arbitration Association conduct the
8-9 election and certify the results. Certification of the results of
8-10 an election resolves the question concerning ratification of an
8-11 agreement. All police employee groups represented on the
8-12 bargaining team shall share equally the expenses of the election.]
8-13 (e) A majority of all votes cast is required to ratify an
8-14 agreement.
8-15 SECTION 10. This Act takes effect September 1, 1999.
8-16 SECTION 11. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended.