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.