By:  Barrientos                                        S.B. No. 961
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to conditions of employment for peace officers and
 1-2     detention officers employed by certain sheriff's departments.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 158, Local Government Code,
 1-5     is amended by adding Section 158.041 to read as follows:
 1-6           Sec. 158.041.  EMPLOYMENT MATTERS IN CERTAIN SHERIFF'S
 1-7     DEPARTMENTS.  (a)  This section does not apply to a county with a
 1-8     population of more than one million or to a county that has adopted
 1-9     Chapter 174.
1-10           (b)  In this section:
1-11                 (1)  "Association" means an organization in which peace
1-12     officers and detention officers employed by the sheriff's
1-13     department participate and that exists for the purpose, in whole or
1-14     in part, of dealing with the county concerning grievances, labor
1-15     disputes, wages, rates of pay, hours of employment, or conditions
1-16     of work affecting the peace officers and detention officers.
1-17                 (2)  "Public employer" means the sheriff, county, or
1-18     any agency, board, or commission controlled by the county that is
1-19     required to establish the wages, salaries, rates of pay, hours,
1-20     working conditions, and other terms and conditions of employment of
1-21     peace officers and detention officers employed by the sheriff's
1-22     department.
1-23           (c)  A county may not be denied local control over wages,
1-24     salaries, rates of pay, hours of work, other terms and conditions
 2-1     of employment, or other personnel issues on which the public
 2-2     employer and an association that is recognized as the sole and
 2-3     exclusive bargaining agent for all peace officers and detention
 2-4     officers employed by the sheriff's department agree.  A term or
 2-5     condition of employment on which the public employer and the
 2-6     association do not agree is governed by applicable statutes, local
 2-7     ordinances, and civil service rules.  An agreement must be reduced
 2-8     to writing.  This section does not require the public employer and
 2-9     the association to meet and confer or reach an agreement on any
2-10     issue.
2-11           (d)  A public employer and an association recognized under
2-12     this section as a sole and exclusive bargaining agent may meet and
2-13     confer only if the association does not advocate the illegal right
2-14     to strike by public employees.
2-15           (e)  A peace officer or detention officer of a sheriff's
2-16     department may not engage in a strike or organized work stoppage
2-17     against this state or a political subdivision of this state.  A
2-18     peace officer or detention officer who participates in a strike
2-19     forfeits all civil service rights, reemployment rights, and other
2-20     rights, benefits, or privileges the peace officer or detention
2-21     officer enjoys as a result of the person's employment or previous
2-22     employment with the sheriff's department.  This subsection does not
2-23     affect the right of a person to cease employment if the person is
2-24     not acting in concert with peace officers or detention officers.
2-25           (f)  The public employer may recognize an association that
2-26     submits a petition signed by a majority of the paid peace officers
 3-1     and detention officers of the sheriff's department, excluding
 3-2     exempt employees, as the sole and exclusive bargaining agent for
 3-3     all of the covered peace officers and detention officers unless
 3-4     recognition of the association is withdrawn by a majority of the
 3-5     covered peace officers and detention officers.
 3-6           (g)  A question of whether an association is the majority
 3-7     representative of the covered peace officers and detention officers
 3-8     shall be resolved by a fair election conducted according to
 3-9     procedures agreed on by the parties.  If the parties are unable to
3-10     agree on election procedures, either party may request the American
3-11     Arbitration Association to conduct the election and to certify the
3-12     results.  Certification of the results of an election under this
3-13     subsection resolves the question concerning representation.  The
3-14     association shall pay the costs of the election, except that if two
3-15     or more associations seeking recognition as the bargaining agent
3-16     submit petitions signed by a majority of the peace officers and
3-17     detention officers, the associations shall share equally the costs
3-18     of the election.
3-19           (h)  The public employer's chief executive or his designee
3-20     shall select a team to represent the public employer as its sole
3-21     and exclusive bargaining agent for issues related to the employment
3-22     of peace officers and detention officers by the sheriff's
3-23     department.
3-24           (i)  An agreement made under this section is a public record
3-25     for purposes of Chapter 552, Government Code.  The agreement and
3-26     any document prepared and used by the sheriff's department in
 4-1     connection with the agreement are available to the public under the
 4-2     public information law, Chapter 552, Government Code, only after
 4-3     the agreement is ratified by the governing body of the county.
 4-4     This section does not affect the application of Subchapter C,
 4-5     Chapter 552, Government Code, to a document prepared and used by
 4-6     the sheriff's department in 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 and detention
4-10     officers covered by the agreement if:
4-11                 (1)  the county's governing body ratifies the agreement
4-12     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     county is located has full authority and jurisdiction on the
4-22     application of either party aggrieved by an act or omission of the
4-23     other party related to a right, duty, or obligation provided by a
4-24     written agreement ratified as provided by this section.  The court
4-25     may issue proper restraining orders, temporary and permanent
4-26     injunctions, or any other writ, order, or process, including a
 5-1     contempt order, that is appropriate to enforce the agreement.
 5-2           (m)  An agreement under this section supersedes a previous
 5-3     statute concerning wages, salaries, rates of pay, hours of work, or
 5-4     other terms and conditions of employment to the extent of any
 5-5     conflict with the statute.
 5-6           (n)  An agreement under this section preempts any contrary
 5-7     statute, executive order, local ordinance, or rule adopted by the
 5-8     state or a political subdivision or agent of the state, including a
 5-9     personnel board, a civil service commission, or a county.
5-10           (o)  An agreement under this section may not diminish or
5-11     qualify any right, benefit, or privilege of an employee under this
5-12     chapter or other law unless approved by a majority vote by secret
5-13     ballot of the members of the association recognized as a sole and
5-14     exclusive bargaining agent.
5-15           (p)  An agreement may not interfere with the right of a
5-16     member of a bargaining unit to pursue allegations of discrimination
5-17     based on race, creed, color, national origin, religion, age, sex,
5-18     or disability with the Commission on Human Rights or the Equal
5-19     Employment Opportunity Commission or to pursue affirmative action
5-20     litigation.
5-21           SECTION 2.  This Act takes effect September 1, 1999.
5-22           SECTION 3.  The importance of this legislation and the
5-23     crowded condition of the calendars in both houses create an
5-24     emergency and an imperative public necessity that the
5-25     constitutional rule requiring bills to be read on three several
5-26     days in each house be suspended, and this rule is hereby suspended,
 6-1     and that this Act take effect and be in force from and after its
 6-2     passage, and it is so enacted.