1-1     By:  Bailey, Edwards (Senate Sponsor - Whitmire)      H.B. No. 2677
 1-2           (In the Senate - Received from the House May 2, 2001;
 1-3     May 3, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 11, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 6, Nays
 1-6     0; May 11, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2677                By:  Whitmire
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the right of certain municipalities to maintain local
1-11     control over wages, hours, and other terms of employment of certain
1-12     municipal employees.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Chapter 143, Local Government Code, is amended by
1-15     adding Subchapter K to read as follows:
1-16       SUBCHAPTER K.  LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN
1-17            MUNICIPALITIES WITH POPULATION OF 1.9 MILLION OR MORE
1-18           Sec. 143.401.  APPLICATION.  (a)  This subchapter applies
1-19     only to a municipality with a population of 1.9 million or more.
1-20           (b)  This subchapter does not apply to:
1-21                 (1)  firefighters or police officers who are covered by
1-22     Subchapter H, I, or J or by Chapter 174; or
1-23                 (2)  an employee association in which those employees
1-24     participate.
1-25           Sec. 143.402.  DEFINITIONS.  In this subchapter:
1-26                 (1)  "Association" means an organization in which
1-27     municipal employees participate, that exists wholly or partly for
1-28     the purpose of dealing with one or more public or private employers
1-29     concerning grievances, labor disputes, wages, rates of pay, hours
1-30     of employment, or working conditions affecting public employees,
1-31     and whose members pay dues by means of an automatic payroll
1-32     deduction.
1-33                 (2)  "Covered employee" means an employee of the
1-34     municipality, excluding a department head and a firefighter or
1-35     police officer covered by Subchapter H, I, or J or by Chapter 174.
1-36                 (3)  "Public employer" means any municipality or
1-37     agency, board, commission, or political subdivision created and
1-38     controlled by a municipality that is required to establish the
1-39     wages, salaries, rates of pay, hours of employment, working
1-40     conditions, and other terms of employment of public employees.
1-41           Sec. 143.403.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
1-42     RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied
1-43     local control over wages, salaries, rates of pay, hours of
1-44     employment, other terms or conditions of employment, or other
1-45     personnel issues on which the public employer and an association
1-46     recognized as the sole and exclusive bargaining agent for all
1-47     covered employees agree.  A term on which the public employer and
1-48     the association do not agree is governed by the applicable
1-49     statutes, local ordinances, and civil service rules.  An agreement
1-50     between the public employer and an association must be reduced to
1-51     writing.  This subchapter does not require the public employer and
1-52     the association to meet and confer or reach an agreement on any
1-53     issue.
1-54           (b)  A public employer and an association recognized under
1-55     this subchapter as a sole and exclusive bargaining agent may meet
1-56     and confer only if the association does not advocate the illegal
1-57     right to strike by public employees.
1-58           (c)  A municipal employee may not engage in a strike or
1-59     organized work stoppage against this state or a political
1-60     subdivision of this state.  An employee who participates in a
1-61     strike forfeits all civil service rights, reemployment rights, and
1-62     other rights, benefits, or privileges the employee enjoys as a
1-63     result of the employee's employment or previous employment with the
1-64     municipality.  This subsection does not affect the right of a
 2-1     person to cease employment if the person is not acting in concert
 2-2     with other employees.
 2-3           Sec. 143.404.  RECOGNITION OF ASSOCIATION.  (a)  A public
 2-4     employer may recognize an association that submits a petition
 2-5     signed by a majority of the covered employees, excluding any
 2-6     department head and assistant department head in the rank or
 2-7     classification immediately below that of the department head, as
 2-8     the sole and exclusive bargaining agent for all of the covered
 2-9     employees.
2-10           (b)  An association may submit a petition requesting an
2-11     election to determine whether an association is the sole and
2-12     exclusive representative of the covered employees.  If the petition
2-13     is signed by 30 percent of the covered employees and the public
2-14     employer certifies to the municipality the number of employees
2-15     signing the petition, there is a question of whether an association
2-16     is the sole and exclusive representative of the covered employees
2-17     that must be resolved by a fair election conducted according to
2-18     procedures on which the parties agree.  If the parties are unable
2-19     to agree on election procedures, either party may request the
2-20     American Arbitration Association to conduct the election and to
2-21     certify the results.  The association that receives a majority of
2-22     the votes cast at the election is the sole and exclusive
2-23     representative of the covered employees.  Certification of the
2-24     results of an election under this subsection resolves the question
2-25     concerning representation.  The association that submits the
2-26     petition shall pay the costs of the election, except that if two or
2-27     more associations seeking recognition as the sole and exclusive
2-28     bargaining agent submit petitions signed by 30 percent or more of
2-29     the covered employees, the associations shall share equally the
2-30     costs of the election.
2-31           (c)  The municipality shall designate a team to represent the
2-32     public employer as its sole and exclusive bargaining agent.
2-33           Sec. 143.405.  OPEN RECORDS REQUIRED.  An agreement made
2-34     under this subchapter is a public record for purposes of Chapter
2-35     552, Government Code.  The agreement and any document prepared and
2-36     used by the municipality in connection with the agreement are
2-37     available to the public under the open records law, Chapter 552,
2-38     Government Code, only after the agreement is ratified by the
2-39     municipality's governing body.  This section does not affect the
2-40     application of Subchapter C, Chapter 552, Government Code, to a
2-41     document prepared and used by the municipality in connection with
2-42     the agreement.
2-43           Sec. 143.406.  ENFORCEABILITY OF AGREEMENT.  (a)  A written
2-44     agreement made under this subchapter between a public employer and
2-45     an association is binding on the public employer, the association,
2-46     and employees covered by the agreement if:
2-47                 (1)  the municipality's governing body ratifies the
2-48     agreement by a majority vote; and
2-49                 (2)  the applicable association ratifies the agreement
2-50     by a majority vote of its members voting in an election by secret
2-51     ballot.
2-52           (b)  An agreement ratified as described by Subsection (a) may
2-53     establish a procedure by which the parties agree to resolve
2-54     disputes related to a right, duty, or obligation provided by the
2-55     agreement, including binding arbitration on interpretation of the
2-56     agreement.
2-57           (c)  The district court of the judicial district in which the
2-58     municipality is located has full authority and jurisdiction on the
2-59     application of either party aggrieved by an act or omission of the
2-60     other party related to a right, duty, or obligation provided by a
2-61     written agreement ratified as described by Subsection (a).  The
2-62     court may issue proper restraining orders, temporary and permanent
2-63     injunctions, or any other writ, order, or process, including a
2-64     contempt order, that is appropriate to enforce the agreement.
2-65           Sec. 143.407.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
2-66     (a)  An agreement under this subchapter supersedes a previous
2-67     statute concerning wages, salaries, rates of pay, hours of
2-68     employment, or other terms or conditions of employment to the
2-69     extent of any conflict with the statute.
 3-1           (b)  An agreement under this subchapter preempts any contrary
 3-2     statute, executive order, local ordinance, or rule adopted by the
 3-3     state or a political subdivision or agent of the state, including a
 3-4     personnel board, a civil service commission, or a home-rule
 3-5     municipality.
 3-6           (c)  An agreement under this subchapter may not diminish or
 3-7     qualify any right, benefit, or privilege of an employee under this
 3-8     subchapter or other law unless approved by a majority vote by
 3-9     secret ballot of the members of the association recognized as a
3-10     sole and exclusive bargaining agent.
3-11           Sec. 143.408.  REPEAL OF AGREEMENT BY ELECTORATE. Not later
3-12     than the 45th day after the date an agreement is ratified by both
3-13     the municipality and the association, a petition signed by at least
3-14     10 percent of the qualified voters of the municipality may be
3-15     presented to the municipal secretary calling an election for the
3-16     repeal of the agreement.  On receipt of the petition by the
3-17     municipal secretary, the governing body shall reconsider the
3-18     agreement and either repeal the agreement or call an election of
3-19     the qualified voters to determine if they desire to repeal the
3-20     agreement.  The election shall be called for the next municipal
3-21     election or a special election called by the governing body for
3-22     that purpose.  If at the election a majority of the votes are cast
3-23     in favor of the repeal of the adoption of the agreement, the
3-24     agreement is void.  The ballot shall be printed to permit voting
3-25     for or against the proposition:  "Repeal of the adoption of the
3-26     agreement ratified by the municipality and the __________
3-27     (municipal employee) association concerning wages, salaries, rates
3-28     of pay, hours of employment, and other terms and conditions of
3-29     employment."
3-30           Sec. 143.409.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. An
3-31     agreement may not interfere with the right of a member of an
3-32     association to pursue allegations of discrimination based on race,
3-33     creed, color, national origin, religion, age, sex, or disability
3-34     with the Commission on Human Rights or the Equal Employment
3-35     Opportunity Commission or to pursue affirmative action litigation.
3-36           SECTION 2.  This Act takes effect September 1, 2001.
3-37                                  * * * * *