By: Gallegos S.B. No. 621
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to conditions of employment for peace officers employed by
1-2 certain transportation authorities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 451, Transportation Code is amended by
1-5 adding Section 451.1085 to read as follows:
1-6 Sec. 451.1085. PEACE OFFICER EMPLOYMENT MATTERS IN CERTAIN
1-7 AUTHORITIES. (a) this section applies to an authority in which
1-8 the principal municipality has a population of more than 1.5
1-9 million.
1-10 (b) In this section:
1-11 (1) "Association" means an organization in which peace
1-12 officers employed by an authority participate and that exists for
1-13 the purpose, in whole or in part, of dealing with the authority
1-14 concerning grievances, labor disputes, wages, rates of pay, hours
1-15 of employment, or conditions of work affecting the peace officers.
1-16 (2) "Public employer" means an authority that is
1-17 required to establish the wages, salaries, rates of pay, hours,
1-18 working conditions, and other terms and conditions of employment of
1-19 peace officers employed by the authority.
1-20 (c) An authority may not be denied local control over wages,
1-21 salaries, rates of pay, hours of work, other terms and conditions
1-22 of employment, or other personnel issues on which the public
2-1 employer and an association that is recognized as the sole and
2-2 exclusive bargaining agent for all peace officers employed by the
2-3 authority agree. A term or condition of employment on which the
2-4 public employer and the association do not agree is governed by
2-5 applicable statutes and local rules and regulations. An agreement
2-6 must be reduced to writing. This section does not require the
2-7 public employer and the association to meet and confer or reach an
2-8 agreement on any issue.
2-9 (d) A public employer and an association recognized under
2-10 this subchapter as a sole and exclusive bargaining agent may meet
2-11 and confer only if the association does not advocate the illegal
2-12 right to strike by public employees.
2-13 (e) A peace officer of an authority may not engage in a
2-14 strike or organized work stoppage against this state or a political
2-15 subdivision of this state. A peace officer who participates in a
2-16 strike forfeits all civil service rights, reemployment rights, and
2-17 other rights, benefits, or privileges the peace officer enjoys as a
2-18 result of the person's employment or previous employment with the
2-19 authority. This subsection does not affect the right of a person
2-20 to cease employment if the person is not acting in concert with
2-21 peace officers.
2-22 (f) The public employer may recognize an association that
2-23 submits a petition signed by a majority of the paid peace officers
2-24 of the authority, excluding the head of the department and
2-25 assistant department heads in the rank or classification
2-26 immediately below that of the department head, as the sole and
3-1 exclusive bargaining agent for all of the covered peace officers
3-2 unless recognition of the association is withdrawn by a majority of
3-3 the covered peace officers.
3-4 (g) A question of whether an association is the majority
3-5 representative of the covered peace officers shall be resolved by a
3-6 fair election conducted according to procedures agreed on by the
3-7 parties. If the parties are unable to agree on election
3-8 procedures, either party may request the American Arbitration
3-9 Association to conduct the election and to certify the results.
3-10 Certification of the results of an election under this subsection
3-11 resolves the question concerning representation. The association
3-12 shall pay the costs of the election, except that if two or more
3-13 associations seeking recognition as the bargaining agent submit
3-14 petitions signed by a majority of the peace officers, the
3-15 associations shall share equally the costs of the election.
3-16 (h) The public employer's manager or chief executive or his
3-17 designee shall select a team to represent the public employer as
3-18 its sole and exclusive bargaining agent for issues related to the
3-19 employment of peace officers by the authority.
3-20 (i) An agreement made under this section is a public record
3-21 for purposes of Chapter 552, Government Code. The agreement and
3-22 any document prepared and used by the authority in connection with
3-23 the agreement are available to the public under the open records
3-24 law, Chapter 552, Government Code, only after the agreement is
3-25 ratified by the authority's governing body. This section does not
3-26 affect the application of Subchapter C, Chapter 552, Government
4-1 Code, to a document prepared and used by the authority in
4-2 connection with the agreement.
4-3 (j) A written agreement made under this section between a
4-4 public employer and an association is binding on the public
4-5 employer, the association, and peace officers covered by the
4-6 agreement if:
4-7 (1) the authority's governing body ratifies the
4-8 agreement by a majority vote; and
4-9 (2) the applicable association ratifies the agreement
4-10 by a majority vote of its members by secret ballot.
4-11 (k) An agreement ratified as described by Subsection (j) may
4-12 establish a procedure by which the parties agree to resolve
4-13 disputes related to a right, duty, or obligation provided by the
4-14 agreement, including binding arbitration on interpretation of the
4-15 agreement.
4-16 (l) The district court of the judicial district in which the
4-17 municipality in the authority with the largest population is
4-18 located has full authority and jurisdiction on the application of
4-19 either party aggrieved by an act or omission of the other party
4-20 related to a right, duty, or obligation provided by a written
4-21 agreement ratified as described by Subsection (j). The court may
4-22 issue proper restraining orders, temporary and permanent
4-23 injunctions, or any other writ, order, or process, including a
4-24 contempt order, that is appropriate to enforce the agreement.
4-25 (m) An agreement under this section supersedes a previous
4-26 statute concerning wages, salaries, rates of pay, hours of work, or
5-1 other terms and conditions of employment to the extent of any
5-2 conflict with the statute.
5-3 (n) An agreement under this section preempts any contrary
5-4 statute, executive order, local ordinance, or rule adopted by the
5-5 state or a political subdivision or agent of the state, including a
5-6 personnel board, a civil service commission, or a home-rule
5-7 municipality.
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.