By Gallegos                                           S.B. No. 1539
         76R5703 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to local control of police officer employment matters by
 1-3     certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 143.352(1) and (2), Local Government
 1-6     Code, are amended to read as follows:
 1-7                 (1)  "Bargaining ["Majority bargaining] agent" means
 1-8     the police employee group selected under Section 143.354 [or
 1-9     143.355] to represent all police officers employed by the
1-10     municipality, excluding the department head and assistant
1-11     department heads, 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           SECTION 2.  Sections 143.353(a) and (b), Local Government
1-21     Code, are amended to read as follows:
1-22           (a)  A municipality may not be denied local control over the
1-23     wages, salaries, rates of pay, hours of work, and other terms of
1-24     employment, or other state-mandated personnel issues, if the public
 2-1     employer and the [majority] bargaining agent come to a mutual
 2-2     agreement on any of the terms of employment.  If an agreement is
 2-3     not reached, the state laws, local ordinances, and civil service
 2-4     rules remain unaffected.  All agreements shall be written.  Nothing
 2-5     in this subchapter requires either party to meet and confer on any
 2-6     issue or reach an agreement.
 2-7           (b)  A public employer may only meet and confer if the
 2-8     [majority] bargaining agent does not advocate the illegal right to
 2-9     strike by public employees.
2-10           SECTION 3.  Section 143.354, Local Government Code, is
2-11     amended to read as follows:
2-12           Sec. 143.354.  RECOGNITION OF POLICE EMPLOYEE GROUP.  (a)
2-13     The public employer may recognize a police employee group that
2-14     submits a petition signed by a majority of the paid police officers
2-15     in the municipality, excluding the head of the department and
2-16     assistant department heads in the rank or classification
2-17     immediately below that of the department head, as the sole and
2-18     exclusive bargaining agent for all of the police officers in the
2-19     municipality, excluding the department head and assistant
2-20     department heads, unless recognition of the police employee group
2-21     is withdrawn by a majority of those police officers.
2-22           (b)  Whether a police employee group represents a majority of
2-23     the police officers in the municipality, excluding the department
2-24     head and assistant department heads, shall be resolved by a fair
2-25     election conducted according to procedures agreed on by the
2-26     parties.  If the parties are unable to agree on election
2-27     procedures, either party may request the American Arbitration
 3-1     Association to conduct the election and to certify the results.
 3-2     Certification of the results of an election under this subsection
 3-3     resolves the question concerning representation.  The police
 3-4     employee group shall pay the costs of the election, except that if
 3-5     two or more police employee groups seeking recognition as the
 3-6     bargaining agent submit petitions signed by a majority of the
 3-7     police officers eligible to sign the petition, the police employee
 3-8     groups shall share equally the costs of the election.
 3-9           (c)  The public employer's chief executive officer shall
3-10     designate a team to represent the public employer as its sole and
3-11     exclusive bargaining agent for issues related to the police
3-12     department [SELECTION OF MAJORITY BARGAINING AGENT.  (a)  Not later
3-13     than January 31, 1998, representatives from each police employee
3-14     group shall meet to select the majority bargaining agent.  The
3-15     majority bargaining agent must be selected unanimously.]
3-16           [(b)  If the representatives of the police employee groups
3-17     fail to meet or are unable to reach a unanimous consensus as to a
3-18     majority bargaining agent before January 31, 1998, the selection of
3-19     a majority bargaining agent will be governed by Section 143.355].
3-20           SECTION 4.  Section 143.357, Local Government Code, is
3-21     amended to read as follows:
3-22           Sec. 143.357.  PAYROLL DUES DEDUCTIONS.  After a [majority]
3-23     bargaining agent is recognized, the public employer may not stop or
3-24     prevent automatic payroll deductions for dues paid to a police
3-25     employee group because the group is or is not the [majority]
3-26     bargaining agent.
3-27           SECTION 5.  Section 143.358, Local Government Code, is
 4-1     amended to read as follows:
 4-2           Sec. 143.358.  OPEN RECORDS REQUIRED.  All documents relating
 4-3     to an agreement between a [majority] bargaining agent and a public
 4-4     employer shall be available to the public in accordance with state
 4-5     statutes.
 4-6           SECTION 6.  Section 143.359(a), Local Government Code, is
 4-7     amended to read as follows:
 4-8           (a)  A written agreement made under this subchapter between a
 4-9     public employer and a [majority] bargaining agent [and approved by
4-10     the bargaining team] is enforceable and binding on the public
4-11     employer, the [majority] bargaining agent, police employee groups,
4-12     and the police officers covered by the agreement if:
4-13                 (1)  the municipality's governing body ratified the
4-14     agreement by a majority vote; and
4-15                 (2)  the agreement is ratified under Section 143.360.
4-16           SECTION 7.  Section 143.360, Local Government Code, is
4-17     amended to read as follows:
4-18           Sec. 143.360.  ELECTION TO RATIFY AGREEMENT.  (a)  The
4-19     [majority] bargaining agent shall call an election to ratify any
4-20     agreement reached with the public employer [if the agreement has
4-21     been approved by a majority of the bargaining team].
4-22           (b)  All police officers of the municipality, other than the
4-23     department head and assistant department heads, are eligible to
4-24     vote in the election.
4-25           (c)  The bargaining agent [team] shall establish procedures
4-26     for the election [by unanimous consensus].
4-27           (d)  [If the bargaining team is unable to agree on procedures
 5-1     for the election, any group represented on the bargaining team may
 5-2     request that the American Arbitration Association conduct the
 5-3     election and certify the results.  Certification of the results of
 5-4     an election resolves the question concerning ratification of an
 5-5     agreement.  All police employee groups represented on the
 5-6     bargaining team shall share equally the expenses of the election.]
 5-7           [(e)]  A majority of all votes cast is required to ratify an
 5-8     agreement.
 5-9           SECTION 8.  Sections 143.361(a) and (c), Local Government
5-10     Code, are amended to read as follows:
5-11           (a)  A written agreement ratified under this subchapter
5-12     between a public employer and the [majority] bargaining agent
5-13     supersedes a previous statute concerning wages, salaries, rates of
5-14     pay, hours of work, and other terms of employment to the extent of
5-15     any conflict with the previous statute.
5-16           (c)  An agreement under this subchapter may not diminish or
5-17     qualify any right, benefit, or privilege of an employee under this
5-18     chapter or other law unless approved by a majority of the votes
5-19     cast at the secret ballot election held by the [majority]
5-20     bargaining agent to ratify the agreement.
5-21           SECTION 9.  Section 143.362, Local Government Code, is
5-22     amended to read as follows:
5-23           Sec. 143.362.  REPEAL OF AGREEMENT BY ELECTORATE.  Within 45
5-24     days after the date an agreement is ratified and signed by the
5-25     municipality and the [majority] bargaining agent, a petition signed
5-26     by a number of registered voters equal to 10 percent of the votes
5-27     cast at the most recent mayoral general election in the
 6-1     municipality may be presented to the municipal secretary calling an
 6-2     election for the repeal of the agreement, in which event the
 6-3     governing body shall reconsider the agreement, and, if it does not
 6-4     repeal the agreement, it shall call an election of the qualified
 6-5     voters to determine if they desire to repeal the agreement.  The
 6-6     election shall be held as part of the next regularly scheduled
 6-7     municipal election or at a special election called by the governing
 6-8     body for that purpose.  If at the election a majority of the votes
 6-9     are cast in favor of the repeal of the adoption of the agreement,
6-10     the agreement becomes void.  The ballot shall be printed to provide
6-11     for voting for or against the proposition:
6-12           "Repeal of the adoption of the agreement ratified by the
6-13     municipality and the police officers of the municipality concerning
6-14     wages, salaries, rates of pay, benefits, hours of work, and other
6-15     terms of employment."
6-16           SECTION 10.  Section 143.363(a), Local Government Code, is
6-17     amended to read as follows:
6-18           (a)  For the purpose of any disciplinary appeal to either the
6-19     civil service commission or a hearing examiner, all police officers
6-20     have the right to choose to be represented by any person of their
6-21     choice or by the police employee group selected as the [majority]
6-22     bargaining agent.
6-23           SECTION 11.  Sections 143.355 and 143.356, Local Government
6-24     Code, are repealed.
6-25           SECTION 12.  This Act takes effect September 1, 1999.  The
6-26     change in law made by this Act does not affect the validity of an
6-27     election held, agreement made, or action taken under Subchapter J,
 7-1     Chapter 143, Local Government Code, before the effective date of
 7-2     this Act.
 7-3           SECTION 13.  The importance of this legislation and the
 7-4     crowded condition of the calendars in both houses create an
 7-5     emergency and an imperative public necessity that the
 7-6     constitutional rule requiring bills to be read on three several
 7-7     days in each house be suspended, and this rule is hereby suspended.