1-1 By: Gallegos S.B. No. 621 1-2 (In the Senate - Filed February 19, 1999; February 22, 1999, 1-3 read first time and referred to Committee on Intergovernmental 1-4 Relations; April 22, 1999, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; April 22, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to conditions of employment for peace officers employed by 1-9 certain transportation authorities. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter C, Chapter 451, Transportation Code, 1-12 is amended by adding Section 451.1085 to read as follows: 1-13 Sec. 451.1085. PEACE OFFICER EMPLOYMENT MATTERS IN CERTAIN 1-14 AUTHORITIES. (a) This section applies to an authority in which 1-15 the principal municipality has a population of more than 1.5 1-16 million. 1-17 (b) In this section: 1-18 (1) "Association" means an organization in which peace 1-19 officers employed by an authority participate and that exists for 1-20 the purpose, in whole or in part, of dealing with the authority 1-21 concerning grievances, labor disputes, wages, rates of pay, hours 1-22 of employment, or conditions of work affecting the peace officers. 1-23 (2) "Public employer" means an authority that is 1-24 required to establish the wages, salaries, rates of pay, hours, 1-25 working conditions, and other terms and conditions of employment of 1-26 peace officers employed by the authority. 1-27 (c) An authority may not be denied local control over wages, 1-28 salaries, rates of pay, hours of work, other terms and conditions 1-29 of employment, or other personnel issues on which the public 1-30 employer and an association that is recognized as the sole and 1-31 exclusive bargaining agent for all peace officers employed by the 1-32 authority agree. A term or condition of employment on which the 1-33 public employer and the association do not agree is governed by 1-34 applicable statutes and local rules and regulations. An agreement 1-35 must be reduced to writing. This section does not require the 1-36 public employer and the association to meet and confer or reach an 1-37 agreement on any issue. 1-38 (d) A public employer and an association recognized under 1-39 this subchapter as a sole and exclusive bargaining agent may meet 1-40 and confer only if the association does not advocate the illegal 1-41 right to strike by public employees. 1-42 (e) A peace officer of an authority may not engage in a 1-43 strike or organized work stoppage against this state or a political 1-44 subdivision of this state. A peace officer who participates in a 1-45 strike forfeits all civil service rights, reemployment rights, and 1-46 other rights, benefits, or privileges the peace officer enjoys as a 1-47 result of the person's employment or previous employment with the 1-48 authority. This subsection does not affect the right of a person 1-49 to cease employment if the person is not acting in concert with 1-50 peace officers. 1-51 (f) The public employer may recognize an association that 1-52 submits a petition signed by a majority of the paid peace officers 1-53 of the authority, excluding the head of the department and 1-54 assistant department heads in the rank or classification 1-55 immediately below that of the department head, as the sole and 1-56 exclusive bargaining agent for all of the covered peace officers, 1-57 unless recognition of the association is withdrawn by a majority of 1-58 the covered peace officers. 1-59 (g) A question of whether an association is the majority 1-60 representative of the covered peace officers shall be resolved by a 1-61 fair election conducted according to procedures agreed on by the 1-62 parties. If the parties are unable to agree on election 1-63 procedures, either party may request the American Arbitration 1-64 Association to conduct the election and to certify the results. 2-1 Certification of the results of an election under this subsection 2-2 resolves the question concerning representation. The association 2-3 shall pay the costs of the election, except that if two or more 2-4 associations seeking recognition as the bargaining agent submit 2-5 petitions signed by a majority of the peace officers, the 2-6 associations shall share equally the costs of the election. 2-7 (h) The public employer's manager or chief executive or his 2-8 designee shall select a team to represent the public employer as 2-9 its sole and exclusive bargaining agent for issues related to the 2-10 employment of peace officers by the authority. 2-11 (i) An agreement made under this section is a public record 2-12 for purposes of Chapter 552, Government Code. The agreement and 2-13 any document prepared and used by the authority in connection with 2-14 the agreement are available to the public under the open records 2-15 law, Chapter 552, Government Code, only after the agreement is 2-16 ratified by the authority's governing body. This section does not 2-17 affect the application of Subchapter C, Chapter 552, Government 2-18 Code, to a document prepared and used by the authority in 2-19 connection with the agreement. 2-20 (j) A written agreement made under this section between a 2-21 public employer and an association is binding on the public 2-22 employer, the association, and peace officers covered by the 2-23 agreement if: 2-24 (1) the authority's governing body ratifies the 2-25 agreement by a majority vote; and 2-26 (2) the applicable association ratifies the agreement 2-27 by a majority vote of its members by secret ballot. 2-28 (k) An agreement ratified as described by Subsection (j) may 2-29 establish a procedure by which the parties agree to resolve 2-30 disputes related to a right, duty, or obligation provided by the 2-31 agreement, including binding arbitration on interpretation of the 2-32 agreement. 2-33 (l) The district court of the judicial district in which the 2-34 municipality in the authority with the largest population is 2-35 located has full authority and jurisdiction on the application of 2-36 either party aggrieved by an act or omission of the other party 2-37 related to a right, duty, or obligation provided by a written 2-38 agreement ratified as described by Subsection (j). The court may 2-39 issue proper restraining orders, temporary and permanent 2-40 injunctions, or any other writ, order, or process, including a 2-41 contempt order, that is appropriate to enforce the agreement. 2-42 (m) An agreement under this section supersedes a previous 2-43 statute concerning wages, salaries, rates of pay, hours of work, or 2-44 other terms and conditions of employment to the extent of any 2-45 conflict with the statute. 2-46 (n) An agreement under this section preempts any contrary 2-47 statute, executive order, local ordinance, or rule adopted by the 2-48 state or a political subdivision or agent of the state, including a 2-49 personnel board, a civil service commission, or a home-rule 2-50 municipality. 2-51 (o) An agreement under this section may not diminish or 2-52 qualify any right, benefit, or privilege of an employee under this 2-53 chapter or other law unless approved by a majority vote by secret 2-54 ballot of the members of the association recognized as a sole and 2-55 exclusive bargaining agent. 2-56 (p) An agreement may not interfere with the right of a 2-57 member of a bargaining unit to pursue allegations of discrimination 2-58 based on race, creed, color, national origin, religion, age, sex, 2-59 or disability with the Commission on Human Rights or the Equal 2-60 Employment Opportunity Commission or to pursue affirmative action 2-61 litigation. 2-62 SECTION 2. This Act takes effect September 1, 1999. 2-63 SECTION 3. The importance of this legislation and the 2-64 crowded condition of the calendars in both houses create an 2-65 emergency and an imperative public necessity that the 2-66 constitutional rule requiring bills to be read on three several 2-67 days in each house be suspended, and this rule is hereby suspended, 2-68 and that this Act take effect and be in force from and after its 2-69 passage, and it is so enacted. 3-1 * * * * *