By Maxey                                              H.B. No. 1318
         77R1994 YDB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to conditions of employment for a peace officer or a
 1-3     detention officer employed by certain sheriff's departments.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 158, Local Government Code, is amended by
 1-6     adding Subchapter C to read as follows:
 1-7            SUBCHAPTER C.  LOCAL CONTROL OF SHERIFF'S DEPARTMENT
 1-8                             EMPLOYMENT MATTERS
 1-9           Sec. 158.071.  APPLICABILITY.  This subchapter does not apply
1-10     to a county:
1-11                 (1)  that has adopted Chapter 174; or
1-12                 (2)  that has a population of more than one million.
1-13           Sec. 158.072.  DEFINITIONS.  In this subchapter:
1-14                 (1)  "Association" means an organization in which peace
1-15     officers and detention officers employed by the sheriff's
1-16     department participate and that exists for the purpose, in whole or
1-17     in part, of dealing with the county concerning grievances, labor
1-18     disputes, wages, rates of pay, hours of work, or conditions of work
1-19     affecting the peace officers and detention officers.
1-20                 (2)  "Public employer" means a sheriff's department, a
1-21     county, or an agency, board, or commission controlled by a county
1-22     that is required to establish the wages, salaries, rates of pay,
1-23     hours of work, working conditions, and other terms and conditions
1-24     of employment of peace officers and detention officers employed by
 2-1     the sheriff's department.
 2-2           Sec. 158.073.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
 2-3     RECOGNITION, AND STRIKES.  (a)  A county may not be denied local
 2-4     control over the wages, salaries, rates of pay, hours of work, or
 2-5     other terms and conditions of employment, to the extent the public
 2-6     employer and the association recognized as the sole and exclusive
 2-7     bargaining agent under Section 158.074 agree as provided by this
 2-8     subchapter.  Applicable statutes and applicable local orders,
 2-9     ordinances, and civil service rules and regulations apply to an
2-10     issue not governed by the agreement.
2-11           (b)  An agreement under this subchapter must be written.
2-12           (c)  This subchapter does not require either a public
2-13     employer or a recognized association to meet and confer on any
2-14     issue or reach an agreement.
2-15           (d)  A public employer and the recognized association may
2-16     meet and confer only if the association does not advocate the
2-17     illegal right to strike by public employees.
2-18           (e)  A peace officer or detention officer of a sheriff's
2-19     department may not engage in a strike or organized work stoppage
2-20     against this state or a political subdivision of this state.  A
2-21     peace officer or detention officer who participates in a strike
2-22     forfeits any civil service rights, reemployment rights, and other
2-23     rights, benefits, or privileges the peace officer or detention
2-24     officer may have as a result of the person's employment or prior
2-25     employment with the sheriff's department.  This subsection does not
2-26     affect the right of a person to cease work if the person is not
2-27     acting in concert with others in an organized work stoppage.
 3-1           (f)  The public employer's chief executive officer or the
 3-2     chief executive officer's designee shall select a group of persons
 3-3     to represent the public employer as its sole and exclusive
 3-4     bargaining agent for issues related to the employment of peace
 3-5     officers and detention officers by the sheriff's department.
 3-6           Sec. 158.074.  RECOGNITION OF PEACE OFFICER AND DETENTION
 3-7     OFFICERS ASSOCIATION.  (a)  In a county that chooses to meet and
 3-8     confer under this subchapter, the public employer shall recognize
 3-9     an association submitting a petition for recognition signed by a
3-10     majority of the peace officers and detention officers employed by
3-11     the sheriff's department, excluding the sheriff and persons the
3-12     sheriff may designate as exempt from a civil service system under
3-13     Section 158.038(b), as the sole and exclusive bargaining agent for
3-14     all of the peace officers and detention officers employed by the
3-15     sheriff's department, excluding the sheriff and persons the sheriff
3-16     may designate as exempt under Section 158.038(b), until recognition
3-17     of the association is withdrawn by a majority of the peace officers
3-18     and detention officers eligible to sign a petition for recognition.
3-19           (b)  Whether an association represents a majority of the
3-20     covered peace officers and detention officers shall be resolved by
3-21     a fair election conducted according to procedures agreeable to the
3-22     parties.  If the parties are unable to agree on election
3-23     procedures, either party may request the American Arbitration
3-24     Association to conduct the election and to certify the results.
3-25     Certification of the results of an election under this subsection
3-26     resolves the question concerning representation.  The association
3-27     is liable for the expenses of the election, except that if two or
 4-1     more associations seeking recognition as the sole and exclusive
 4-2     bargaining agent submit petitions signed by a majority of the peace
 4-3     officers and detention officers eligible to sign the petition, the
 4-4     associations shall share equally the costs of the election.
 4-5           Sec. 158.075.  OPEN RECORDS.  (a)  A proposed agreement and a
 4-6     document prepared and used by the sheriff's department in
 4-7     connection with the proposed agreement are available to the public
 4-8     under Chapter 552, Government Code, only after the agreement is
 4-9     ratified by the commissioners court.
4-10           (b)  This section does not affect the application of
4-11     Subchapter C, Chapter 552, Government Code, to a document prepared
4-12     and used by the sheriff's department in connection with the
4-13     agreement.
4-14           Sec. 158.076.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT. 
4-15     (a)  An agreement under this subchapter is enforceable and binding
4-16     on the public employer, the recognized association, and peace
4-17     officers and detention officers covered by the agreement only if:
4-18                 (1)  the commissioners court ratified the agreement by
4-19     a majority vote;
4-20                 (2)  the recognized association ratified the agreement
4-21     by conducting a secret ballot election at which only the peace
4-22     officers and detention officers of the county in the association
4-23     were eligible to vote, and a majority of the votes cast at the
4-24     election favored ratifying the agreement; and
4-25                 (3)  the sheriff of the county ratified the agreement.
4-26           (b)  An agreement ratified as described by Subsection (a) may
4-27     establish a procedure by which the parties agree to resolve
 5-1     disputes related to a right, duty, or obligation provided by the
 5-2     agreement, including binding arbitration on a question involving
 5-3     interpretation of the agreement.
 5-4           (c)  A state district court of a judicial district in which
 5-5     the county is located has jurisdiction to hear and resolve a
 5-6     dispute under the ratified agreement on the application of a party
 5-7     to the agreement aggrieved by an action or omission of the other
 5-8     party when the action or omission is related to a right, duty, or
 5-9     obligation provided by the agreement.  The court may issue proper
5-10     restraining orders, temporary and permanent injunctions, or any
5-11     other writ, order, or process, including contempt orders, that are
5-12     appropriate to enforce the agreement.
5-13           Sec. 158.077.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-14     (a)  A written agreement ratified under this subchapter preempts,
5-15     during the term of the agreement, and to the extent of any
5-16     conflict, all contrary state statutes, local ordinances, executive
5-17     orders, civil service provisions, or rules adopted by the sheriff
5-18     or county or a division or agent of the sheriff or county,  such as
5-19     a personnel board or a civil service commission.
5-20           (b)  An agreement ratified under this subchapter may not
5-21     interfere with the right of a member of a bargaining unit to pursue
5-22     allegations of discrimination based on race, creed, color, national
5-23     origin, religion, age, sex, or disability with the Commission on
5-24     Human Rights or the federal Equal Employment Opportunity Commission
5-25     or to pursue affirmative action litigation.
5-26           SECTION 2.  This Act takes effect September 1, 2001.