By Bailey H.B. No. 2677
77R7245 ATP-D
A BILL TO BE ENTITLED
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 and conditions of
1-4 employment.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading of Chapter 143, Local Government
1-7 Code, is amended to read as follows:
1-8 CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIRE FIGHTERS
1-9 AND POLICE OFFICERS
1-10 SECTION 2. Subtitle A, Title 5, Local Government Code, is
1-11 amended by adding Chapter 145 to read as follows:
1-12 CHAPTER 145. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS
1-13 Sec. 145.001. APPLICATION. (a) This chapter applies only
1-14 to a municipality with a population of 1.5 million or more.
1-15 (b) This chapter does not apply to:
1-16 (1) fire fighters or police officers who are covered
1-17 by Subchapter H or I of Chapter 143 or by Chapter 174; or
1-18 (2) an employee association in which those employees
1-19 participate.
1-20 Sec. 145.002. DEFINITIONS. In this chapter:
1-21 (1) "Bargaining unit" means any group of nonclassified
1-22 employees designated by the municipality for negotiations between a
1-23 recognized employee association and the public employer.
1-24 (2) "Employee association" means an organization in
2-1 which municipal employees participate and that exists for the
2-2 purpose, wholly or partly, of dealing with one or more employers,
2-3 whether public or private, concerning grievances, labor disputes,
2-4 wages, rates of pay, hours of employment, or conditions of work
2-5 affecting public employees.
2-6 (3) "Public employer" means any municipality or
2-7 agency, board, commission, or political subdivision controlled by a
2-8 municipality that is required to establish the wages, salaries,
2-9 rates of pay, hours, working conditions, other terms and conditions
2-10 of employment, and affirmative action programs of public employees.
2-11 The term may include, under appropriate circumstances, a mayor,
2-12 manager, administrator of a municipality, municipal governing body,
2-13 director of personnel, personnel board, or one or more other
2-14 officials regardless of the name by which they are designated.
2-15 Sec. 145.003. GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-16 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
2-17 local control over the wages, salaries, rates of pay, hours of
2-18 work, other terms and conditions of employment, affirmative action
2-19 programs, or other state-mandated personnel issues. A public
2-20 employer may enter into a mutual written agreement governing these
2-21 issues with an employee association that does not advocate the
2-22 illegal right to strike by municipal employees.
2-23 (b) A municipality may recognize an employee association
2-24 that does not advocate the illegal right to strike by municipal
2-25 employees as the negotiating agent for any group of municipal
2-26 employees so requesting that representation under this chapter.
2-27 (c) Employees of a municipality may not engage in strikes or
3-1 organized work stoppages against the state or a municipality of the
3-2 state. An employee who participates in a strike forfeits all civil
3-3 service rights, reemployment rights, and any other rights,
3-4 benefits, or privileges the employee enjoys as a result of
3-5 employment or prior employment, except that the right of an
3-6 individual to cease work may not be abridged if the individual is
3-7 not acting in concert with others in an organized work stoppage.
3-8 Sec. 145.004. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
3-9 public employer may recognize an employee association as the sole
3-10 and exclusive negotiating agent for a bargaining unit, regardless
3-11 of whether the public employer has recognized the employee
3-12 association under Subsection (b).
3-13 (b) An employee association selected by a petition signed by
3-14 a majority of the nonclassified employees of the municipality,
3-15 excluding department directors, may be recognized by the public
3-16 employer as the sole and exclusive negotiating agent for all of the
3-17 covered employees unless and until recognition of the association
3-18 is withdrawn by a majority of those employees.
3-19 (c) In the event of a question about whether an employee
3-20 association is the majority representative of the covered
3-21 employees, the question shall be resolved by a fair election
3-22 conducted according to procedures agreeable to the parties. If the
3-23 parties are unable to agree on the procedures, either party may
3-24 request the American Arbitration Association to conduct the
3-25 elections and to certify the results. Certification of the results
3-26 of an election resolves the question concerning representation.
3-27 The employee association is liable for the expenses of the
4-1 election, except that if two or more associations seeking
4-2 recognition as the negotiating agent submit petitions signed by a
4-3 majority of the covered employees, the associations shall share
4-4 equally the costs of the election.
4-5 Sec. 145.005. OPEN MEETINGS REQUIRED. All meetings relating
4-6 to an agreement between an employee association and a public
4-7 employer shall be open to the public as required by Chapter 551,
4-8 Government Code.
4-9 Sec. 145.006. ENFORCEABILITY OF AGREEMENT. A written
4-10 agreement made under this chapter between a public employer and an
4-11 employee association is enforceable and binding on the public
4-12 employer, the employee association, and the public employees
4-13 covered by the agreement if the governing body of the municipality
4-14 ratifies the agreement by majority vote and the employee
4-15 association ratifies the agreement by a majority vote of the
4-16 members of the negotiating unit by secret ballot. The state
4-17 district court of the judicial district in which the municipality
4-18 is located has jurisdiction over the application of either party
4-19 aggrieved by an action or omission of the other party if the action
4-20 or omission relates to the rights, duties, or obligations provided
4-21 by this chapter. The court may issue proper restraining orders,
4-22 temporary and permanent injunctions, and any other writs, orders,
4-23 or processes, including contempt orders, that are appropriate to
4-24 enforcing this chapter.
4-25 Sec. 145.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
4-26 (a) A written agreement under this chapter between a public
4-27 employer and an employee association supersedes a previous statute
5-1 concerning wages, salaries, rates of pay, hours of work, other
5-2 terms and conditions of employment, and affirmative action programs
5-3 to the extent of any conflict with the previous statute.
5-4 (b) A written agreement under this chapter preempts all
5-5 contrary local ordinances, executive orders, legislation, or rules
5-6 adopted by the state or a political subdivision or agent of the
5-7 state such as a personnel board, a civil service commission, or a
5-8 home-rule municipality.
5-9 SECTION 3. This Act takes effect September 1, 2001.