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. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 158, Local Government Code, is amended by 1-6 adding Subchapter C to read as follows: 1-7 SUBCHAPTER C. LOCAL CONTROL OF SHERIFF'S DEPARTMENT 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. 1-23 Sec. 158.073. GENERAL PROVISIONS RELATING TO AGREEMENTS, 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. 4-4 Sec. 158.076. RATIFICATION AND ENFORCEABILITY OF 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. 4-24 Sec. 158.077. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. 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.