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.