1-1 By: Barrientos S.B. No. 961 1-2 (In the Senate - Filed March 5, 1999; March 9, 1999, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 22, 1999, reported favorably by the following 1-5 vote: Yeas 3, 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 and 1-9 detention officers employed by certain sheriff's departments. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter B, Chapter 158, Local Government Code, 1-12 is amended by adding Section 158.041 to read as follows: 1-13 Sec. 158.041. EMPLOYMENT MATTERS IN CERTAIN SHERIFF'S 1-14 DEPARTMENTS. (a) This section does not apply to a county with a 1-15 population of more than one million or to a county that has adopted 1-16 Chapter 174. 1-17 (b) In this section: 1-18 (1) "Association" means an organization in which peace 1-19 officers and detention officers employed by the sheriff's 1-20 department participate and that exists for the purpose, in whole or 1-21 in part, of dealing with the county concerning grievances, labor 1-22 disputes, wages, rates of pay, hours of employment, or conditions 1-23 of work affecting the peace officers and detention officers. 1-24 (2) "Public employer" means the sheriff, county, or 1-25 any agency, board, or commission controlled by the county that is 1-26 required to establish the wages, salaries, rates of pay, hours, 1-27 working conditions, and other terms and conditions of employment of 1-28 peace officers and detention officers employed by the sheriff's 1-29 department. 1-30 (c) A county may not be denied local control over wages, 1-31 salaries, rates of pay, hours of work, other terms and conditions 1-32 of employment, or other personnel issues on which the public 1-33 employer and an association that is recognized as the sole and 1-34 exclusive bargaining agent for all peace officers and detention 1-35 officers employed by the sheriff's department agree. A term or 1-36 condition of employment on which the public employer and the 1-37 association do not agree is governed by applicable statutes, local 1-38 ordinances, and civil service rules. An agreement must be reduced 1-39 to writing. This section does not require the public employer and 1-40 the association to meet and confer or reach an agreement on any 1-41 issue. 1-42 (d) A public employer and an association recognized under 1-43 this section as a sole and exclusive bargaining agent may meet and 1-44 confer only if the association does not advocate the illegal right 1-45 to strike by public employees. 1-46 (e) A peace officer or detention officer of a sheriff's 1-47 department may not engage in a strike or organized work stoppage 1-48 against this state or a political subdivision of this state. A 1-49 peace officer or detention officer who participates in a strike 1-50 forfeits all civil service rights, reemployment rights, and other 1-51 rights, benefits, or privileges the peace officer or detention 1-52 officer enjoys as a result of the person's employment or previous 1-53 employment with the sheriff's department. This subsection does not 1-54 affect the right of a person to cease employment if the person is 1-55 not acting in concert with peace officers or detention officers. 1-56 (f) The public employer may recognize an association that 1-57 submits a petition signed by a majority of the paid peace officers 1-58 and detention officers of the sheriff's department, excluding 1-59 exempt employees, as the sole and exclusive bargaining agent for 1-60 all of the covered peace officers and detention officers unless 1-61 recognition of the association is withdrawn by a majority of the 1-62 covered peace officers and detention officers. 1-63 (g) A question of whether an association is the majority 1-64 representative of the covered peace officers and detention officers 2-1 shall be resolved by a fair election conducted according to 2-2 procedures agreed on by the parties. If the parties are unable to 2-3 agree on election procedures, either party may request the American 2-4 Arbitration Association to conduct the election and to certify the 2-5 results. Certification of the results of an election under this 2-6 subsection resolves the question concerning representation. The 2-7 association shall pay the costs of the election, except that if two 2-8 or more associations seeking recognition as the bargaining agent 2-9 submit petitions signed by a majority of the peace officers and 2-10 detention officers, the associations shall share equally the costs 2-11 of the election. 2-12 (h) The public employer's chief executive or his designee 2-13 shall select a team to represent the public employer as its sole 2-14 and exclusive bargaining agent for issues related to the employment 2-15 of peace officers and detention officers by the sheriff's 2-16 department. 2-17 (i) An agreement made under this section is a public record 2-18 for purposes of Chapter 552, Government Code. The agreement and 2-19 any document prepared and used by the sheriff's department in 2-20 connection with the agreement are available to the public under the 2-21 public information law, Chapter 552, Government Code, only after 2-22 the agreement is ratified by the governing body of the county. 2-23 This section does not affect the application of Subchapter C, 2-24 Chapter 552, Government Code, to a document prepared and used by 2-25 the sheriff's department in connection with the agreement. 2-26 (j) A written agreement made under this section between a 2-27 public employer and an association is binding on the public 2-28 employer, the association, and peace officers and detention 2-29 officers covered by the agreement if: 2-30 (1) the county's governing body ratifies the agreement 2-31 by a majority vote; and 2-32 (2) the applicable association ratifies the agreement 2-33 by a majority vote of its members by secret ballot. 2-34 (k) An agreement ratified as described by Subsection (j) may 2-35 establish a procedure by which the parties agree to resolve 2-36 disputes related to a right, duty, or obligation provided by the 2-37 agreement, including binding arbitration on interpretation of the 2-38 agreement. 2-39 (l) The district court of the judicial district in which the 2-40 county is located has full authority and jurisdiction on the 2-41 application of either party aggrieved by an act or omission of the 2-42 other party related to a right, duty, or obligation provided by a 2-43 written agreement ratified as provided by this section. The court 2-44 may issue proper restraining orders, temporary and permanent 2-45 injunctions, or any other writ, order, or process, including a 2-46 contempt order, that is appropriate to enforce the agreement. 2-47 (m) An agreement under this section supersedes a previous 2-48 statute concerning wages, salaries, rates of pay, hours of work, or 2-49 other terms and conditions of employment to the extent of any 2-50 conflict with the statute. 2-51 (n) An agreement under this section preempts any contrary 2-52 statute, executive order, local ordinance, or rule adopted by the 2-53 state or a political subdivision or agent of the state, including a 2-54 personnel board, a civil service commission, or a county. 2-55 (o) An agreement under this section may not diminish or 2-56 qualify any right, benefit, or privilege of an employee under this 2-57 chapter or other law unless approved by a majority vote by secret 2-58 ballot of the members of the association recognized as a sole and 2-59 exclusive bargaining agent. 2-60 (p) An agreement may not interfere with the right of a 2-61 member of a bargaining unit to pursue allegations of discrimination 2-62 based on race, creed, color, national origin, religion, age, sex, 2-63 or disability with the Commission on Human Rights or the Equal 2-64 Employment Opportunity Commission or to pursue affirmative action 2-65 litigation. 2-66 SECTION 2. This Act takes effect September 1, 1999. 2-67 SECTION 3. The importance of this legislation and the 2-68 crowded condition of the calendars in both houses create an 2-69 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended, 3-3 and that this Act take effect and be in force from and after its 3-4 passage, and it is so enacted. 3-5 * * * * *