By Madla                                              S.B. No. 1017
         77R7895 YDB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to conditions of employment for an employee of certain
 1-3     sheriff's departments.
 1-5           SECTION 1.  Chapter 158, Local Government Code, is amended by
 1-6     adding Subchapter C to read as follows:
 1-8                             EMPLOYMENT MATTERS
 1-9           Sec. 158.071.  APPLICABILITY.  This subchapter applies only
1-10     to a county that has adopted Subchapter B and has not adopted
1-11     Chapter 174.
1-12           Sec. 158.072.  DEFINITIONS.  In this subchapter:
1-13                 (1)  "Association" means an organization in which
1-14     employees of the sheriff's department participate and that exists
1-15     for the purpose, in whole or in part, of dealing with the county
1-16     concerning grievances, labor disputes, wages, rates of pay, hours
1-17     of work, or conditions of work affecting the employees.
1-18                 (2)  "Public employer" means a sheriff's department, a
1-19     county, or an agency, board, commission, or political subdivision
1-20     controlled by a county that is required to establish the wages,
1-21     salaries, rates of pay, hours of work, working conditions, and
1-22     other terms and conditions of employment of the employees.
1-24     RECOGNITION, AND STRIKES.  (a)  A county may not be denied local
 2-1     control over the wages, salaries, rates of pay, hours of work,
 2-2     other terms and conditions of employment, or other state-mandated
 2-3     personnel issues, to the extent the public employer and the
 2-4     association recognized as the sole and exclusive bargaining agent
 2-5     under Section 158.074 agree as provided by this subchapter.
 2-6     Applicable statutes and applicable local orders, ordinances, and
 2-7     civil service rules and regulations apply to an issue not governed
 2-8     by the agreement.
 2-9           (b)  This subchapter does not require either a public
2-10     employer or a recognized association to meet and confer on any
2-11     issue or reach an agreement.
2-12           (c)  A public employer and the recognized association may
2-13     meet and confer only if the association does not advocate the
2-14     illegal right to strike by public employees.
2-15           (d)  An employee of a sheriff's department may not engage in
2-16     a strike or organized work stoppage against this state or a
2-17     political subdivision of this state.  An employee who participates
2-18     in a strike forfeits any civil service rights, reemployment rights,
2-19     and other rights, benefits, or privileges the employee may have as
2-20     a result of the person's employment or prior employment with the
2-21     sheriff's department.  This subsection does not affect the right of
2-22     a person to cease work if the person is not acting in concert with
2-23     others in an organized work stoppage.
2-24           Sec. 158.074.  RECOGNITION OF ASSOCIATION.  (a)  In a county
2-25     that chooses to meet and confer under this subchapter, the public
2-26     employer shall recognize an association submitting a petition for
2-27     recognition signed by a majority of the employees of the sheriff's
 3-1     department, excluding the sheriff and persons the sheriff may
 3-2     designate as exempt from a civil service system under Section
 3-3     158.038(b), as the sole and exclusive bargaining agent for all of
 3-4     the employees of the sheriff's department, excluding the sheriff
 3-5     and persons the sheriff may designate as exempt under Section
 3-6     158.038(b), until recognition of the association is withdrawn by a
 3-7     majority of the employees eligible to sign a petition for
 3-8     recognition.
 3-9           (b)  Whether an association represents a majority of the
3-10     covered employees shall be resolved by a fair election conducted
3-11     according to procedures agreeable to the parties.  If the parties
3-12     are unable to agree on election procedures, either party may
3-13     request the American Arbitration Association to conduct the
3-14     election and to certify the results.  Certification of the results
3-15     of an election under this subsection resolves the question
3-16     concerning representation.  The association is liable for the
3-17     expenses of the election, except that if two or more associations
3-18     seeking recognition as the sole and exclusive bargaining agent
3-19     submit petitions signed by a majority of the employees eligible to
3-20     sign the petition, the associations shall share equally the costs
3-21     of the election.
3-22           Sec. 158.075.  OPEN RECORDS.  (a)  A proposed agreement and a
3-23     document prepared and used by the sheriff's department in
3-24     connection with the proposed agreement are available to the public
3-25     under Chapter 552, Government Code, only after the agreement is
3-26     ratified by the commissioners court.
3-27           (b)  This section does not affect the application of
 4-1     Subchapter C, Chapter 552, Government Code, to a document prepared
 4-2     and used by the sheriff's department in connection with the
 4-3     agreement.
 4-5     (a)  An agreement under this subchapter is enforceable and binding
 4-6     on the public employer, the recognized association, and employees
 4-7     covered by the agreement only if:
 4-8                 (1)  the commissioners court ratified the agreement by
 4-9     a majority vote; and
4-10                 (2)  the recognized association ratified the agreement
4-11     by conducting a secret ballot election at which only the employees
4-12     of the county in the association were eligible to vote, and a
4-13     majority of the votes cast at the election favored ratifying the
4-14     agreement.
4-15           (b)  A state district court of a judicial district in which
4-16     the county is located has jurisdiction to hear and resolve a
4-17     dispute under the ratified agreement on the application of a party
4-18     to the agreement aggrieved by an action or omission of the other
4-19     party when the action or omission is related to a right, duty, or
4-20     obligation provided by the agreement. The court may issue proper
4-21     restraining orders, temporary and permanent injunctions, or any
4-22     other writ, order, or process, including contempt orders, that are
4-23     appropriate to enforce the agreement.
4-25     (a)  A written agreement ratified under this subchapter preempts,
4-26     during the term of the agreement, and to the extent of any
4-27     conflict, all contrary state statutes, local ordinances, executive
 5-1     orders, civil service provisions, or rules adopted by the sheriff
 5-2     or county or a division or agent of the sheriff or county,  such as
 5-3     a personnel board or a civil service commission.
 5-4           (b)  An agreement ratified under this subchapter may not
 5-5     interfere with the right of a member of a bargaining unit to pursue
 5-6     allegations of discrimination based on race, creed, color, national
 5-7     origin, religion, age, sex, or disability with the Commission on
 5-8     Human Rights or the federal Equal Employment Opportunity Commission
 5-9     or to pursue affirmative action litigation.
5-10           Sec. 158.078.  REPEAL OF AGREEMENT BY ELECTORATE.  (a)  Not
5-11     later than the 45th day after the date an agreement is ratified by
5-12     both the county and the association, a petition signed by a number
5-13     of qualified voters equal to 10 percent of the votes cast in the
5-14     county in the most recent general election may be presented to the
5-15     county clerk calling an election for the repeal of the agreement.
5-16           (b)  On receipt of the petition by the county clerk under
5-17     Subsection (a), the commissioners court shall reconsider the
5-18     agreement and either repeal the agreement or call an election of
5-19     the qualified voters to determine if they desire to repeal the
5-20     agreement.  The election shall be called for the next general
5-21     election or a special election called by the county commissioners
5-22     for that purpose.  If at the election a majority of the votes are
5-23     cast in favor of the repeal of the adoption of the agreement, the
5-24     agreement is void.
5-25           (c)  The ballot for an election under this section shall be
5-26     printed to permit voting for or against the proposition: "Repeal of
5-27     the adoption of the agreement ratified by the county and the
 6-1     sheriff's department  association concerning wages, salaries, rates
 6-2     of pay, hours of work, and other terms and conditions of
 6-3     employment."
 6-4           Sec. 158.079.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.  (a)
 6-5     For the purpose of any disciplinary appeal to the civil service
 6-6     commission or to a hearing examiner, a member of the association
 6-7     may choose to be represented by any person of the member's choice
 6-8     or by the association.
 6-9           (b)  An agreement may not interfere with the right of a
6-10     member of the association to pursue allegations of discrimination
6-11     based on race, creed, color, national origin, religion, age, sex,
6-12     or disability with the Commission on Human Rights or the Equal
6-13     Employment Opportunity Commission or to pursue affirmative action
6-14     litigation.
6-15           SECTION 2.  This Act takes effect September 1, 2001.