By Kitchen H.B. No. 3559 77R7247 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 not less than 550,000 and 1-15 not more than 610,000. 1-16 (b) This chapter does not apply to: 1-17 (1) fire fighters or police officers who are covered 1-18 by Subchapter H or I of Chapter 143 or by Chapter 174; or 1-19 (2) an employee association in which those employees 1-20 participate. 1-21 Sec. 145.002. DEFINITIONS. In this chapter: 1-22 (1) "Bargaining unit" means any group of non-civil 1-23 service employees designated by the municipality for negotiations 1-24 between a recognized employee association and the public employer. 2-1 (2) "Employee association" means an organization in 2-2 which municipal employees participate and that exists for the 2-3 purpose, wholly or partly, of dealing with one or more employers, 2-4 whether public or private, concerning grievances, labor disputes, 2-5 wages, rates of pay, hours of employment, or conditions of work 2-6 affecting public employees. 2-7 (3) "Public employer" means any municipality or 2-8 agency, board, commission, or political subdivision controlled by a 2-9 municipality that is required to establish the wages, salaries, 2-10 rates of pay, hours, working conditions, other terms and conditions 2-11 of employment, and affirmative action programs of public employees. 2-12 The term may include, under appropriate circumstances, a mayor, 2-13 manager, administrator of a municipality, municipal governing body, 2-14 director of personnel, personnel board, or one or more other 2-15 officials regardless of the name by which they are designated. 2-16 Sec. 145.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, 2-17 RECOGNITION, AND STRIKES. (a) A municipality may not be denied 2-18 local control over the wages, salaries, rates of pay, hours of 2-19 work, other terms and conditions of employment, affirmative action 2-20 programs, or other state-mandated personnel issues. A public 2-21 employer may enter into a mutual written agreement governing these 2-22 issues with an employee association that does not advocate the 2-23 illegal right to strike by municipal employees. 2-24 (b) A municipality may recognize an employee association 2-25 that does not advocate the illegal right to strike by municipal 2-26 employees as the negotiating agent for any group of municipal 2-27 employees so requesting that representation under this chapter. 3-1 (c) Employees of a municipality may not engage in strikes or 3-2 organized work stoppages against the state or a municipality of the 3-3 state. An employee who participates in a strike forfeits all civil 3-4 service rights, reemployment rights, and any other rights, 3-5 benefits, or privileges the employee enjoys as a result of 3-6 employment or prior employment, except that the right of an 3-7 individual to cease work may not be abridged if the individual is 3-8 not acting in concert with others in an organized work stoppage. 3-9 Sec. 145.004. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A 3-10 public employer may recognize an employee association as the sole 3-11 and exclusive negotiating agent for a bargaining unit, regardless 3-12 of whether the public employer has recognized the employee 3-13 association under Subsection (b). 3-14 (b) An employee association selected by a petition signed by 3-15 a majority of the non-civil service employees of the municipality, 3-16 excluding department directors, may be recognized by the public 3-17 employer as the sole and exclusive negotiating agent for all of the 3-18 covered employees unless and until recognition of the association 3-19 is withdrawn by a majority of those employees. 3-20 (c) In the event of a question about whether an employee 3-21 association is the majority representative of the covered 3-22 employees, the question shall be resolved by a fair election 3-23 conducted according to procedures agreeable to the parties. If the 3-24 parties are unable to agree on the procedures, either party may 3-25 request the American Arbitration Association to conduct the 3-26 elections and to certify the results. Certification of the results 3-27 of an election resolves the question concerning representation. 4-1 The employee association is liable for the expenses of the 4-2 election, except that if two or more associations seeking 4-3 recognition as the negotiating agent submit petitions signed by a 4-4 majority of the covered employees, the associations shall share 4-5 equally the costs of the election. 4-6 Sec. 145.005. OPEN MEETINGS REQUIRED. All meetings relating 4-7 to an agreement between an employee association and a public 4-8 employer shall be open to the public as required by Chapter 551, 4-9 Government Code. 4-10 Sec. 145.006. ENFORCEABILITY OF AGREEMENT. A written 4-11 agreement made under this chapter between a public employer and an 4-12 employee association is enforceable and binding on the public 4-13 employer, the employee association, and the public employees 4-14 covered by the agreement if the governing body of the municipality 4-15 ratifies the agreement by majority vote and the employee 4-16 association ratifies the agreement by a majority vote of the 4-17 members of the negotiating unit by secret ballot. The state 4-18 district court of the judicial district in which the municipality 4-19 is located has jurisdiction over the application of either party 4-20 aggrieved by an action or omission of the other party if the action 4-21 or omission relates to the rights, duties, or obligations provided 4-22 by this chapter. The court may issue proper restraining orders, 4-23 temporary and permanent injunctions, and any other writs, orders, 4-24 or processes, including contempt orders, that are appropriate to 4-25 enforcing this chapter. 4-26 Sec. 145.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. 4-27 (a) A written agreement under this chapter between a public 5-1 employer and an employee association supersedes a previous statute 5-2 concerning wages, salaries, rates of pay, hours of work, other 5-3 terms and conditions of employment, and affirmative action programs 5-4 to the extent of any conflict with the previous statute. 5-5 (b) A written agreement under this chapter preempts all 5-6 contrary local ordinances, executive orders, legislation, or rules 5-7 adopted by the state or a political subdivision or agent of the 5-8 state such as a personnel board, a civil service commission, or a 5-9 home-rule municipality. 5-10 SECTION 3. This Act takes effect September 1, 2001.