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.