SRC-MWN H.B. 2677 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2677
77R12726 ATP-DBy: Bailey (Whitmire)
Intergovernmental Relations
5/8/2001
Engrossed


DIGEST AND PURPOSE 

Firefighters and police officers of the City of Houston are currently
covered by meet and confer legislation, but there are no provisions
covering the employment matters of Houston's other municipal employees.
H.B. 2677 grants public employee associations of a municipality of 1.5
million or more the right to meet and confer with a public employer over
issues such as wages, hours, working conditions, and all other terms and
conditions of employment, and prohibits strikes and work stoppages by
employees who participate in these organizations.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 143, Local Government Code, by adding Subchapter
K, as follows: 

SUBCHAPTER K.  LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN
MUNICIPALITIES WITH POPULATION OF 1.5 MILLION OR MORE

Sec. 143.401.  APPLICATION.  (a)  Provides that this subchapter applies
only to a municipality with a population of 1.5 million or more. 

  (b)  Provides that this subchapter does not apply to certain persons or
associations. 

 Sec. 143.402.  DEFINITIONS. Defines "association" and "public employer."

Sec. 143.403.  GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND
STRIKES.  (a)  Prohibits a municipality from being denied local control
over wages, salaries, rates of pay, hours of employment, other terms or
conditions of employment, or other personnel issues on which the public
employer and an association recognized as the sole and exclusive bargaining
agent for all nonclassified municipal employees agree.  Provides that a
term on which the public employer and the association do not agree is
governed by the applicable statutes, local ordinances, and civil service
rules.  Requires an agreement between the public employer and an
association to be reduced to writing.  Provides that this subchapter does
not require the public employer and the association to meet and confer or
reach an agreement on any issue. 

(b)  Authorizes a public employer and an association recognized under this
subchapter as a sole and exclusive bargaining agent to meet and confer only
if the association does not advocate the illegal right to strike by public
employees. 

(c)  Prohibits a municipal employee from engaging in a strike or organized
work stoppage against this state or a political subdivision of this state.
Provides that an  employee who participates in a strike forfeits all civil
service rights, reemployment rights, and other rights, benefits, or
privileges the employee enjoys as a result of the employee's employment or
previous employment with the municipality.  Provides that this subsection
does not affect the right of a person to cease employment if the person is
not acting in concert with other employees. 

Sec. 143.404.  RECOGNITION OF ASSOCIATION.  (a)  Authorizes a public
employer to recognize an association that submits a petition signed by a
majority of the nonclassified employees of the municipality, excluding any
department head and assistant department head in the rank or classification
immediately below that of the department head, as the sole and exclusive
bargaining agent for all of the covered employees. 

(b)  Authorizes an association to submit a petition requesting an election
to determine whether an association is the majority representative of the
covered employees. Provides that if the petition is signed by 30 percent of
the covered employees and the public employer certifies to the municipality
the number of employees signing the petition, there is a question of
whether an association is the majority representative of the covered
employees that is required to be resolved by a fair election conducted
according to procedures on which the parties agree.  Provides that if the
parties are unable to agree on election procedures, either party is
authorized to request the American Arbitration Association to conduct the
election and to certify the results. Provides that the association that
receives a majority of the votes cast at the election is the majority
representative of the covered employees. Provides that certification of the
results of an election under this subsection resolves the question
concerning representation.  Requires the association that submits the
petition to pay the costs of the election, except that if two or more
associations seeking recognition as the bargaining agent submit petitions
signed by 30 percent or more of the covered employees, the associations are
required to share equally the costs of the election. 

(c)  Requires the municipality to designate a team to represent the public
employer as its sole and exclusive bargaining agent. 

Sec. 143.405.  OPEN RECORDS REQUIRED.  Provides that an agreement made
under this subchapter is a public record for purposes of Chapter 552,
Government Code.  Provides that the agreement and any document prepared and
used by the municipality in connection with the agreement are available to
the public under the open records law, Chapter 552, Government Code, only
after the agreement is ratified by the municipality's governing body.
Provides that this section does not affect the application of Chapter 552C,
Government Code, to document prepared and used by the municipality in
connection with the agreement. 

Sec. 143.406.  ENFORCEABILITY OF AGREEMENT.  (a)  Provides that a written
agreement made under this subchapter between a public employer and an
association is binding on the public employer, the association, and
employees covered by the agreement if certain conditions are met. 

(b)  Authorizes an agreement ratified as described by Subsection (a) to
establish a procedure by which the parties agree to resolve disputes
related to a right, duty, or obligation provided by the agreement,
including binding arbitration on interpretation of the agreement. 

(c)  Provides that the district court of the judicial district in which the
municipality is located has full authority and jurisdiction on the
application of either party aggrieved by an act or omission of the other
party related to a right, duty, or obligation provided by a written
agreement ratified as described by Subsection (a).  Authorizes the court to
issue proper restraining orders, temporary and permanent injunctions, or
any other writ,  order, or process, including a contempt order, that is
appropriate to enforce the agreement. 

Sec. 143.407.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  (a) Provides
that an agreement under this subchapter supersedes a previous statute
concerning wages, salaries, rates of pay, hours of employment, or other
terms or conditions of employment to the extent of any conflict with the
statute. 

(b)  Provides that an agreement under this subchapter preempts any contrary
statute, executive order, local ordinance, or rule adopted by the state or
a political subdivision or agent of the state, including a personnel board,
a civil service commission, or a home-rule municipality. 
 
(c)  Prohibits an agreement under this subchapter from diminishing or
qualifying any right, benefit, or privilege of an employee under this
subchapter or other law unless approved by a majority vote by secret ballot
of the members of the association recognized as a sole and exclusive
bargaining agent. 

Sec. 143.408.  REPEAL OF AGREEMENT BY ELECTORATE. Provides that not later
than the 45th day after the date an agreement is ratified by both the
municipality and the association, a petition signed by at least 10 percent
of the qualified voters of the municipality is authorized to be presented
to the municipal secretary calling an election for the repeal of the
agreement. Requires the governing body, on receipt of the petition by the
municipal secretary, to reconsider the agreement and either repeal the
agreement or call an election of the qualified voters to determine if they
desire to repeal the agreement.  Requires the election to be called for the
next municipal election or a special election called by the governing body
for that purpose.  Provides that if at the election a majority of the votes
are cast in favor of the repeal of the adoption of the agreement, the
agreement is void.  Requires the ballot to be printed to permit voting for
or against a certain proposition. 

Sec. 143.409.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. Prohibits an
agreement from interfering with the right of a member of an association to
pursue allegations of discrimination based on certain factors with the
Commission on Human Rights or the Equal Employment Opportunity Commission
or to pursue affirmative action litigation. 

SECTION 2.  Effective date: September 1, 2001.