By: Gallegos S.B. No. 379 A BILL TO BE ENTITLED 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.