1-1 AN ACT
1-2 relating to the right of certain municipalities to maintain local
1-3 control over wages, hours, and other terms of employment of certain
1-4 municipal employees.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 143, Local Government Code, is amended by
1-7 adding Subchapter K to read as follows:
1-8 SUBCHAPTER K. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN
1-9 MUNICIPALITIES WITH POPULATION OF 1.9 MILLION OR MORE
1-10 Sec. 143.401. APPLICATION. (a) This subchapter applies
1-11 only to a municipality with a population of 1.9 million or more.
1-12 (b) This subchapter does not apply to:
1-13 (1) firefighters or police officers who are covered by
1-14 Subchapter H, I, or J or by Chapter 174; or
1-15 (2) an employee association in which those employees
1-16 participate.
1-17 Sec. 143.402. DEFINITIONS. In this subchapter:
1-18 (1) "Association" means an organization in which
1-19 municipal employees participate, that exists wholly or partly for
1-20 the purpose of dealing with one or more public or private employers
1-21 concerning grievances, labor disputes, wages, rates of pay, hours
1-22 of employment, or working conditions affecting public employees,
1-23 and whose members pay dues by means of an automatic payroll
1-24 deduction.
2-1 (2) "Covered employee" means an employee of the
2-2 municipality, excluding a department head and a firefighter or
2-3 police officer covered by Subchapter H, I, or J or by Chapter 174.
2-4 (3) "Public employer" means any municipality or
2-5 agency, board, commission, or political subdivision created and
2-6 controlled by a municipality that is required to establish the
2-7 wages, salaries, rates of pay, hours of employment, working
2-8 conditions, and other terms of employment of public employees.
2-9 Sec. 143.403. GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-10 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
2-11 local control over wages, salaries, rates of pay, hours of
2-12 employment, other terms or conditions of employment, or other
2-13 personnel issues on which the public employer and an association
2-14 recognized as the sole and exclusive bargaining agent for all
2-15 covered employees agree. A term on which the public employer and
2-16 the association do not agree is governed by the applicable
2-17 statutes, local ordinances, and civil service rules. An agreement
2-18 between the public employer and an association must be reduced to
2-19 writing. This subchapter does not require the public employer and
2-20 the association to meet and confer or reach an agreement on any
2-21 issue. This subchapter does not authorize an agreement regarding
2-22 pension or pension-related matters governed by Chapter 358, Acts of
2-23 the 48th Legislature, Regular Session, 1943 (Article 6243g,
2-24 Vernon's Texas Civil Statutes), or a successor statute.
2-25 (b) A public employer and an association recognized under
2-26 this subchapter as a sole and exclusive bargaining agent may meet
2-27 and confer only if the association does not advocate the illegal
3-1 right to strike by public employees.
3-2 (c) A municipal employee may not engage in a strike or
3-3 organized work stoppage against this state or a political
3-4 subdivision of this state. An employee who participates in a
3-5 strike forfeits all civil service rights, reemployment rights, and
3-6 other rights, benefits, or privileges the employee enjoys as a
3-7 result of the employee's employment or previous employment with the
3-8 municipality. This subsection does not affect the right of a
3-9 person to cease employment if the person is not acting in concert
3-10 with other employees.
3-11 Sec. 143.404. RECOGNITION OF ASSOCIATION. (a) A public
3-12 employer may recognize an association that submits a petition
3-13 signed by a majority of the covered employees, excluding any
3-14 department head and assistant department head in the rank or
3-15 classification immediately below that of the department head, as
3-16 the sole and exclusive bargaining agent for all of the covered
3-17 employees.
3-18 (b) An association may submit a petition requesting an
3-19 election to determine whether an association is the sole and
3-20 exclusive representative of the covered employees. If the petition
3-21 is signed by 30 percent of the covered employees and the public
3-22 employer certifies to the municipality the number of employees
3-23 signing the petition, there is a question of whether an association
3-24 is the sole and exclusive representative of the covered employees
3-25 that must be resolved by a fair election conducted according to
3-26 procedures on which the parties agree. If the parties are unable
3-27 to agree on election procedures, either party may request the
4-1 American Arbitration Association to conduct the election and to
4-2 certify the results. The association that receives a majority of
4-3 the votes cast at the election is the sole and exclusive
4-4 representative of the covered employees. Certification of the
4-5 results of an election under this subsection resolves the question
4-6 concerning representation. The association that submits the
4-7 petition shall pay the costs of the election, except that if two or
4-8 more associations seeking recognition as the sole and exclusive
4-9 bargaining agent submit petitions signed by 30 percent or more of
4-10 the covered employees, the associations shall share equally the
4-11 costs of the election.
4-12 (c) The municipality shall designate a team to represent the
4-13 public employer as its sole and exclusive bargaining agent.
4-14 Sec. 143.405. OPEN RECORDS REQUIRED. An agreement made
4-15 under this subchapter is a public record for purposes of Chapter
4-16 552, Government Code. The agreement and any document prepared and
4-17 used by the municipality in connection with the agreement are
4-18 available to the public under the open records law, Chapter 552,
4-19 Government Code, only after the agreement is ratified by the
4-20 municipality's governing body. This section does not affect the
4-21 application of Subchapter C, Chapter 552, Government Code, to a
4-22 document prepared and used by the municipality in connection with
4-23 the agreement.
4-24 Sec. 143.406. ENFORCEABILITY OF AGREEMENT. (a) A written
4-25 agreement made under this subchapter between a public employer and
4-26 an association is binding on the public employer, the association,
4-27 and employees covered by the agreement if:
5-1 (1) the municipality's governing body ratifies the
5-2 agreement by a majority vote; and
5-3 (2) the applicable association ratifies the agreement
5-4 by a majority vote of its members voting in an election by secret
5-5 ballot.
5-6 (b) An agreement ratified as described by Subsection (a) may
5-7 establish a procedure by which the parties agree to resolve
5-8 disputes related to a right, duty, or obligation provided by the
5-9 agreement, including binding arbitration on interpretation of the
5-10 agreement.
5-11 (c) The district court of the judicial district in which the
5-12 municipality is located has full authority and jurisdiction on the
5-13 application of either party aggrieved by an act or omission of the
5-14 other party related to a right, duty, or obligation provided by a
5-15 written agreement ratified as described by Subsection (a). The
5-16 court may issue proper restraining orders, temporary and permanent
5-17 injunctions, or any other writ, order, or process, including a
5-18 contempt order, that is appropriate to enforce the agreement.
5-19 Sec. 143.407. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-20 (a) An agreement under this subchapter supersedes a previous
5-21 statute concerning wages, salaries, rates of pay, hours of
5-22 employment, or other terms or conditions of employment, other than
5-23 pension and pension-related matters, to the extent of any conflict
5-24 with the statute.
5-25 (b) An agreement under this subchapter preempts any contrary
5-26 statute, executive order, local ordinance, or rule adopted by the
5-27 state or a political subdivision or agent of the state, including a
6-1 personnel board, a civil service commission, or a home-rule
6-2 municipality, other than a statute, order, ordinance, or rule
6-3 regarding pension or pension-related matters.
6-4 (c) An agreement under this subchapter may not diminish or
6-5 qualify any right, benefit, or privilege of an employee under this
6-6 subchapter or other law unless approved by a majority vote by
6-7 secret ballot of the members of the association recognized as a
6-8 sole and exclusive bargaining agent.
6-9 Sec. 143.408. REPEAL OF AGREEMENT BY ELECTORATE. Not later
6-10 than the 45th day after the date an agreement is ratified by both
6-11 the municipality and the association, a petition signed by at least
6-12 10 percent of the qualified voters of the municipality may be
6-13 presented to the municipal secretary calling an election for the
6-14 repeal of the agreement. On receipt of the petition by the
6-15 municipal secretary, the governing body shall reconsider the
6-16 agreement and either repeal the agreement or call an election of
6-17 the qualified voters to determine if they desire to repeal the
6-18 agreement. The election shall be called for the next municipal
6-19 election or a special election called by the governing body for
6-20 that purpose. If at the election a majority of the votes are cast
6-21 in favor of the repeal of the adoption of the agreement, the
6-22 agreement is void. The ballot shall be printed to permit voting
6-23 for or against the proposition: "Repeal of the adoption of the
6-24 agreement ratified by the municipality and the __________
6-25 (municipal employee) association concerning wages, salaries, rates
6-26 of pay, hours of employment, and other terms and conditions of
6-27 employment."
7-1 Sec. 143.409. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. An
7-2 agreement may not interfere with the right of a member of an
7-3 association to pursue allegations of discrimination based on race,
7-4 creed, color, national origin, religion, age, sex, or disability
7-5 with the Commission on Human Rights or the Equal Employment
7-6 Opportunity Commission or to pursue affirmative action litigation.
7-7 SECTION 2. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2677 was passed by the House on May
1, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2677 on May 18, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2677 was passed by the Senate, with
amendments, on May 15, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor