1-1     By:  Gallegos                                         S.B. No. 1539
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 8, 1999, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; April 8, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to local control of police officer employment matters by
 1-9     certain municipalities.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subdivisions (1) and (2), Section 143.352, Local
1-12     Government Code, are amended to read as follows:
1-13                 (1)  "Bargaining ["Majority bargaining] agent" means
1-14     the police employee group selected under Section 143.354 [or
1-15     143.355] to represent all police officers employed by the
1-16     municipality, excluding the department head and assistant
1-17     department heads, during negotiations with the public employer.
1-18                 (2)  "Police employee group" means an organization:
1-19                       (A)  in which at least three percent of the
1-20     police officers of the municipality participate and pay dues via
1-21     automatic payroll deduction; and
1-22                       (B)  which exists for the purpose, in whole or
1-23     part, of dealing with the municipality concerning grievances, labor
1-24     disputes, wages, rates of pay, benefits, hours of employment, or
1-25     conditions of work affecting police officers.
1-26           SECTION 2.  Subsections (a) and (b), Section 143.353, Local
1-27     Government Code, are amended to read as follows:
1-28           (a)  A municipality may not be denied local control over the
1-29     wages, salaries, rates of pay, hours of work, and other terms of
1-30     employment, or other state-mandated personnel issues, if the public
1-31     employer and the [majority] bargaining agent come to a mutual
1-32     agreement on any of the terms of employment.  If an agreement is
1-33     not reached, the state laws, local ordinances, and civil service
1-34     rules remain unaffected.  All agreements shall be written.  Nothing
1-35     in this subchapter requires either party to meet and confer on any
1-36     issue or reach an agreement.
1-37           (b)  A public employer may only meet and confer if the
1-38     [majority] bargaining agent does not advocate the illegal right to
1-39     strike by public employees.
1-40           SECTION 3.  Section 143.354, Local Government Code, is
1-41     amended to read as follows:
1-42           Sec. 143.354.  RECOGNITION OF POLICE EMPLOYEE GROUP.
1-43     (a)  The public employer may recognize a police employee group that
1-44     submits a petition signed by a majority of the paid police officers
1-45     in the municipality, excluding the head of the department and
1-46     assistant department heads in the rank or classification
1-47     immediately below that of the department head, as the sole and
1-48     exclusive bargaining agent for all of the police officers in the
1-49     municipality, excluding the department head and assistant
1-50     department heads, unless recognition of the police employee group
1-51     is withdrawn by a majority of those police officers.
1-52           (b)  Whether a police employee group represents a majority of
1-53     the police officers in the municipality, excluding the department
1-54     head and assistant department heads, shall be resolved by a fair
1-55     election conducted according to procedures agreed on by the
1-56     parties.  If the parties are unable to agree on election
1-57     procedures, either party may request the American Arbitration
1-58     Association to conduct the election and to certify the results.
1-59     Certification of the results of an election under this subsection
1-60     resolves the question concerning representation.  The police
1-61     employee group shall pay the costs of the election, except that if
1-62     two or more police employee groups seeking recognition as the
1-63     bargaining agent submit petitions signed by a majority of the
1-64     police officers eligible to sign the petition, the police employee
 2-1     groups shall share equally the costs of the election.
 2-2           (c)  The public employer's chief executive officer shall
 2-3     designate a team to represent the public employer as its sole and
 2-4     exclusive bargaining agent for issues related to the police
 2-5     department [SELECTION OF MAJORITY BARGAINING AGENT.  (a)  Not later
 2-6     than January 31, 1998, representatives from each police employee
 2-7     group shall meet to select the majority bargaining agent.  The
 2-8     majority bargaining agent must be selected unanimously.]
 2-9           [(b)  If the representatives of the police employee groups
2-10     fail to meet or are unable to reach a unanimous consensus as to a
2-11     majority bargaining agent before January 31, 1998, the selection of
2-12     a majority bargaining agent will be governed by Section 143.355].
2-13           SECTION 4.  Section 143.357, Local Government Code, is
2-14     amended to read as follows:
2-15           Sec. 143.357.  PAYROLL DUES DEDUCTIONS.  After a [majority]
2-16     bargaining agent is recognized, the public employer may not stop or
2-17     prevent automatic payroll deductions for dues paid to a police
2-18     employee group because the group is or is not the [majority]
2-19     bargaining agent.
2-20           SECTION 5.  Section 143.358, Local Government Code, is
2-21     amended to read as follows:
2-22           Sec. 143.358.  OPEN RECORDS REQUIRED.  All documents relating
2-23     to an agreement between a [majority] bargaining agent and a public
2-24     employer shall be available to the public in accordance with state
2-25     statutes.
2-26           SECTION 6.  Subsection (a), Section 143.359, Local Government
2-27     Code, is amended to read as follows:
2-28           (a)  A written agreement made under this subchapter between a
2-29     public employer and a [majority] bargaining agent [and approved by
2-30     the bargaining team] is enforceable and binding on the public
2-31     employer, the [majority] bargaining agent, police employee groups,
2-32     and the police officers covered by the agreement if:
2-33                 (1)  the municipality's governing body ratified the
2-34     agreement by a majority vote; and
2-35                 (2)  the agreement is ratified under Section 143.360.
2-36           SECTION 7.  Section 143.360, Local Government Code, is
2-37     amended to read as follows:
2-38           Sec. 143.360.  ELECTION TO RATIFY AGREEMENT.  (a)  The
2-39     [majority] bargaining agent shall call an election to ratify any
2-40     agreement reached with the public employer [if the agreement has
2-41     been approved by a majority of the bargaining team].
2-42           (b)  All police officers of the municipality, other than the
2-43     department head and assistant department heads, are eligible to
2-44     vote in the election.
2-45           (c)  The bargaining agent [team] shall establish procedures
2-46     for the election [by unanimous consensus].
2-47           (d)  [If the bargaining team is unable to agree on procedures
2-48     for the election, any group represented on the bargaining team may
2-49     request that the American Arbitration Association conduct the
2-50     election and certify the results.  Certification of the results of
2-51     an election resolves the question concerning ratification of an
2-52     agreement.  All police employee groups represented on the
2-53     bargaining team shall share equally the expenses of the election.]
2-54           [(e)]  A majority of all votes cast is required to ratify an
2-55     agreement.
2-56           SECTION 8.  Subsections (a) and (c), Section 143.361, Local
2-57     Government Code, are amended to read as follows:
2-58           (a)  A written agreement ratified under this subchapter
2-59     between a public employer and the [majority] bargaining agent
2-60     supersedes a previous statute concerning wages, salaries, rates of
2-61     pay, hours of work, and other terms of employment to the extent of
2-62     any conflict with the previous statute.
2-63           (c)  An agreement under this subchapter may not diminish or
2-64     qualify any right, benefit, or privilege of an employee under this
2-65     chapter or other law unless approved by a majority of the votes
2-66     cast at the secret ballot election held by the [majority]
2-67     bargaining agent to ratify the agreement.
2-68           SECTION 9.  Section 143.362, Local Government Code, is
2-69     amended to read as follows:
 3-1           Sec. 143.362.  REPEAL OF AGREEMENT BY ELECTORATE.  Within 45
 3-2     days after the date an agreement is ratified and signed by the
 3-3     municipality and the [majority] bargaining agent, a petition signed
 3-4     by a number of registered voters equal to 10 percent of the votes
 3-5     cast at the most recent mayoral general election in the
 3-6     municipality may be presented to the municipal secretary calling an
 3-7     election for the repeal of the agreement, in which event the
 3-8     governing body shall reconsider the agreement, and, if it does not
 3-9     repeal the agreement, it shall call an election of the qualified
3-10     voters to determine if they desire to repeal the agreement.  The
3-11     election shall be held as part of the next regularly scheduled
3-12     municipal election or at a special election called by the governing
3-13     body for that purpose.  If at the election a majority of the votes
3-14     are cast in favor of the repeal of the adoption of the agreement,
3-15     the agreement becomes void.  The ballot shall be printed to provide
3-16     for voting for or against the proposition:
3-17           "Repeal of the adoption of the agreement ratified by the
3-18     municipality and the police officers of the municipality concerning
3-19     wages, salaries, rates of pay, benefits, hours of work, and other
3-20     terms of employment."
3-21           SECTION 10.  Subsection (a), Section 143.363, Local
3-22     Government Code, is amended to read as follows:
3-23           (a)  For the purpose of any disciplinary appeal to either the
3-24     civil service commission or a hearing examiner, all police officers
3-25     have the right to choose to be represented by any person of their
3-26     choice or by the police employee group selected as the [majority]
3-27     bargaining agent.
3-28           SECTION 11.  Sections 143.355 and 143.356, Local Government
3-29     Code, are repealed.
3-30           SECTION 12.  This Act takes effect September 1, 1999.  The
3-31     change in law made by this Act does not affect the validity of an
3-32     election held, agreement made, or action taken under Subchapter J,
3-33     Chapter 143, Local Government Code, before the effective date of
3-34     this Act.
3-35           SECTION 13.  The importance of this legislation and the
3-36     crowded condition of the calendars in both houses create an
3-37     emergency and an imperative public necessity that the
3-38     constitutional rule requiring bills to be read on three several
3-39     days in each house be suspended, and this rule is hereby suspended.
3-40                                  * * * * *