1-1                                   AN ACT
 1-2     relating to conditions of employment for peace officers employed by
 1-3     certain rapid transit authorities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 451, Transportation Code, is amended by
 1-6     adding Subchapter P to read as follows:
 1-7                SUBCHAPTER P.  LOCAL CONTROL OF PEACE OFFICER
 1-8                  EMPLOYMENT MATTERS IN CERTAIN AUTHORITIES
 1-9           Sec. 451.751.  APPLICABILITY.  This subchapter applies only
1-10     to an authority in which the principal municipality has a
1-11     population of more than 1.5 million.
1-12           Sec. 451.752.  DEFINITIONS.  In this subchapter:
1-13                 (1)  "Association" means an organization in which peace
1-14     officers employed by the authority participate and that exists for
1-15     the purpose, wholly or partly, of dealing with the authority
1-16     concerning grievances, labor disputes, wages, rates of pay, hours
1-17     of work, or conditions of work affecting peace officers.
1-18                 (2)  "Public employer" means an authority that is
1-19     required to establish the wages, salaries, rates of pay, hours of
1-20     work, working conditions, and other terms and conditions of
1-21     employment of peace officers employed by the authority.
1-22           Sec. 451.753.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
1-23     RECOGNITION, AND STRIKES.  (a)  An authority may not be denied
1-24     local control over the wages, salaries, rates of pay, hours of
1-25     work, or other terms and conditions of employment to the extent the
 2-1     public employer and the association recognized as the sole and
 2-2     exclusive bargaining agent under Section 451.754 agree as provided
 2-3     by this subchapter.  Applicable statutes and applicable local rules
 2-4     and regulations apply to an issue not governed by the agreement.
 2-5           (b)  An agreement under this subchapter must be written.
 2-6           (c)  This subchapter does not require a public employer or a
 2-7     recognized association to meet and confer on any issue or reach an
 2-8     agreement.
 2-9           (d)  A public employer and the recognized association may
2-10     meet and confer only if the association does not advocate an
2-11     illegal strike by public employees.
2-12           (e)  A peace officer of an authority may not engage in a
2-13     strike or organized work stoppage against this state or a political
2-14     subdivision of this state.  A peace officer who participates in a
2-15     strike forfeits any civil service rights, reemployment rights, and
2-16     other rights, benefits, or privileges the peace officer may have as
2-17     a result of the person's employment or prior employment with the
2-18     authority.  This subsection does not affect the right of a person
2-19     to cease work if the person is not acting in concert with others in
2-20     an organized work stoppage.
2-21           (f)  The public employer's chief executive officer or the
2-22     chief executive officer's designee shall select a group of persons
2-23     to represent the public employer as its sole and exclusive
2-24     bargaining agent for issues related to the employment of peace
2-25     officers by the authority.
2-26           Sec. 451.754.  RECOGNITION OF PEACE OFFICER ASSOCIATION.
 3-1     (a)  In an authority that chooses to meet and confer under this
 3-2     subchapter, the public employer shall recognize an association
 3-3     submitting a petition for recognition signed by a majority of the
 3-4     peace officers employed by the authority, excluding the head of the
 3-5     peace officer department of the authority and the assistant
 3-6     department heads in the rank or classification immediately below
 3-7     that of the department head, as the sole and exclusive bargaining
 3-8     agent for all of the peace officers employed by the authority,
 3-9     excluding the department head and assistant department heads, until
3-10     recognition of the association is withdrawn by a majority of the
3-11     peace officers eligible to sign a petition for recognition.
3-12           (b)  Whether an association represents a majority of the
3-13     covered peace officers shall be resolved by a fair election
3-14     conducted according to procedures agreeable to the parties.  If the
3-15     parties are unable to agree on election procedures, either party
3-16     may request the American Arbitration Association to conduct the
3-17     election and to certify the results.  Certification of the results
3-18     of an election under this subsection resolves the question
3-19     concerning representation.  The association is liable for the
3-20     expenses of the election, except that if two or more associations
3-21     seeking recognition as the bargaining agent submit petitions signed
3-22     by a majority of the peace officers eligible to sign the petition,
3-23     the associations shall share equally the costs of the election.
3-24           Sec. 451.755.  OPEN RECORDS.  (a)  A proposed agreement and a
3-25     document prepared and used by the authority in connection with a
3-26     proposed agreement are available to the public under Chapter 552,
 4-1     Government Code, only after the agreement is ratified by the
 4-2     governing body of the authority.
 4-3           (b)  This section does not affect the application of
 4-4     Subchapter C, Chapter 552, Government Code, to a document prepared
 4-5     and used by the authority in connection with the agreement.
 4-6           Sec. 451.756.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.
 4-7     (a)  An agreement under this subchapter is enforceable and binding
 4-8     on the public employer, the recognized association, and the peace
 4-9     officers covered by the agreement only if:
4-10                 (1)  the authority's governing body ratified the
4-11     agreement by a majority vote; and
4-12                 (2)  the recognized association ratified the agreement
4-13     by conducting a secret ballot election at which only the peace
4-14     officers of the authority in the association were eligible to vote,
4-15     and a majority of the votes cast at the election favored ratifying
4-16     the agreement.
4-17           (b)  An agreement ratified as described by Subsection (a) may
4-18     establish a procedure by which the parties agree to resolve
4-19     disputes related to a right, duty, or obligation provided by the
4-20     agreement, including binding arbitration on a question involving
4-21     interpretation of the agreement.
4-22           (c)  A state district court of a judicial district in which
4-23     the majority of the territory within the corporate limits of the
4-24     principal municipality in the authority is located has jurisdiction
4-25     to hear and resolve a dispute under the ratified agreement on the
4-26     application of a party to the agreement aggrieved by an action or
 5-1     omission of the other party when the action or omission is related
 5-2     to a right, duty, or obligation provided by the agreement.  The
 5-3     court may issue proper restraining orders, temporary and permanent
 5-4     injunctions, or any other writ, order, or process, including
 5-5     contempt orders, that are appropriate to enforcing the agreement.
 5-6           Sec. 451.757.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
 5-7     (a)  A written agreement ratified under this subchapter preempts,
 5-8     during the term of the agreement and to the extent of any conflict,
 5-9     all contrary state statutes, local ordinances, executive orders,
5-10     civil service provisions, or rules adopted by the state, by the
5-11     authority or another political subdivision, or by a division or
5-12     agent of the authority or other political subdivision, such as a
5-13     personnel board or a civil service commission.
5-14           (b)  An agreement ratified under this subchapter may not
5-15     interfere with the right of a member of a bargaining unit to pursue
5-16     allegations of discrimination based on race, creed, color, national
5-17     origin, religion, age, sex, or disability with the Commission on
5-18     Human Rights or the federal Equal Employment Opportunity Commission
5-19     or to pursue affirmative action litigation.
5-20           Sec. 451.758.  ELECTION TO REPEAL AGREEMENT.  (a)  Not later
5-21     than the 60th day after the date an agreement is ratified by the
5-22     public employer and the association, a petition signed by a number
5-23     of registered voters who reside in the authority service area equal
5-24     to 10 percent of the votes cast at the most recent general election
5-25     in the county in which a majority of the territory within the
5-26     corporate limits of the principal municipality in the authority is
 6-1     located may be presented to the county clerk of that county calling
 6-2     for the repeal of the agreement.
 6-3           (b)  If a petition is presented to the county clerk under
 6-4     Subsection (a), the authority shall:
 6-5                 (1)  repeal the agreement; or
 6-6                 (2)  certify that it is not repealing the agreement to
 6-7     the commissioners court of the county described by Subsection (a),
 6-8     which shall then call an election in the county to determine
 6-9     whether to repeal the agreement.
6-10           (c)  An election called under Subsection (b)(2) may be held
6-11     as part of the next regularly scheduled general election or at a
6-12     special election called by the commissioners court for that
6-13     purpose.  The ballot shall be printed to provide for voting for or
6-14     against the proposition: "Repeal the agreement ratified on _____
6-15     (date agreement was ratified) by the __________ (name of authority)
6-16     and the peace officers employed by the authority concerning wages,
6-17     salaries, rates of pay, hours of work, and other terms of
6-18     employment."
6-19           (d)  If a majority of the votes cast at the election favor
6-20     the repeal of the agreement, the agreement is void.
6-21           SECTION 2.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 379 passed the Senate on
         April 26, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 379 passed the House on
         May 4, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor