C.S.H.B. 2303 78(R)    BILL ANALYSIS


C.S.H.B. 2303
By: Keel
County Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 
Under current law, a county is not authorized to enter into an agreement
with a bargaining committee that is the sole and exclusive bargaining
agent for a group of public employees. C.S.H.B. 2303 authorizes certain
counties to recognize a bargaining committee as the bargaining agent for
all of the covered peace officers and detention officers (officers) of a
sheriff's department, and prohibits a county from being denied local
control over wages, salaries, rates of pay, hours of work, and other terms
and conditions of employment of officers on which the public employer and
bargaining committee agree. 

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1.  Amends Chapter 158, Local Government Code, by adding
Subchapter C, as follows: 

SUBCHAPTER C.  LOCAL CONTROL OF SHERIFF'S DEPARTMENT
EMPLOYMENT MATTERS

Sec. 158.071.  APPLICABILITY. Provides that this subchapter applies only
to a county in which Subchapter B (Sheriff's Department Civil Service
System) has been adopted before September 1, 2003, with the exception that
this subchapter does not apply to a county that has adopted Chapter 174
(Fire and Police Employee Relations) before September 1, 2003 or has a
population of more than one million. 

Sec. 158.072.  DEFINITIONS.  Defines "bargaining committee" and "public
employer." 

Sec. 158.073.  GENERAL PROVISIONS RELATING TO AGREEMENTS AND RECOGNITION.
(a) Prohibits a county from being denied local control over the wages,
salaries, rates of pay, hours of work, or other terms and conditions of
employment, to the extent the public employer and the bargaining committee
recognized as the sole and exclusive bargaining agent under Section
158.075 agree as provided by this subchapter. Applicable statutes and
applicable local orders, ordinances, and civil service rules and
regulations apply to an issue not governed by the agreement. 

(b) Provides that an agreement under this subchapter must be written.

(c) Provides that this subchapter does not require either a public
employer or a recognized bargaining committee to meet and confer on any
issue or reach an agreement. 

(d) Requires the public employer's chief executive officer or the chief
executive officer's designee to select a group of persons to represent the
public employer as its sole and exclusive bargaining agent for issues
related to the employment of peace officers and detention officers by the
sheriff's department. 

(e) Authorizes the sheriff to designate as exempt from the application of
an agreement under this subchapter persons described by Section 158.038(b)
in the number prescribed by Section 158.038(b). 
 
Sec. 158.074.  STRIKES PROHIBITED.  (a) Authorizes a public employer and
the recognized bargaining committee to meet and confer only if the
bargaining committee and any employee organization composed primarily of
peace officers and detention officers of a sheriff's department do not
advocate the illegal right to strike by public employees. 

(b) Prohibits a peace officer or detention officer of a sheriff's
department from engaging in a strike or organized work stoppage against
this state or a political subdivision of this state. 

(c) Provides that a peace officer or detention officer who participates in
a strike forfeits any civil service rights, reemployment rights, and other
rights, benefits, or privileges the peace officer or detention officer may
have as a result of the person's employment or prior employment with the
sheriff's department. 

(d) Provides that this section does not affect the right of a person to
cease work if the person is not acting in concert with others in an
organized work stoppage. 

Sec. 158.075.  RECOGNITION OF PEACE OFFICERS AND DETENTION OFFICERS
BARGAINING COMMITTEE.  (a) Requires the public employer, in a county that
chooses to meet and confer under this subchapter, to recognize a
bargaining committee submitting a petition for recognition signed by a
majority of the peace officers and detention officers employed by the
sheriff's department, excluding the sheriff and persons the sheriff has
designated as exempt under Section 158.073(e), as the sole and exclusive
bargaining agent for all of the peace officers and detention officers
employed by the sheriff's department, excluding the sheriff and persons
the sheriff has designated as exempt under Section 158.073(e), until
recognition of the bargaining committee is withdrawn by a majority of the
peace officers and detention officers eligible to sign a petition for
recognition. 

(b) Provides that whether a bargaining committee represents a majority of
the covered peace officers and detention officers shall be resolved by a
fair election conducted according to procedures agreeable to the parties. 

(c) Provides that if the parties are unable to agree on election
procedures, either party may request the American Arbitration Association
to conduct the election and to certify the results.  Certification of the
results of an election under this subsection resolves the question
concerning representation. 

(d) Provides that the bargaining committee is liable for the expenses of
an election under this section, except that if two or more committees
seeking recognition as the sole and exclusive bargaining agent submit
petitions signed by a majority of the peace officers and detention
officers eligible to sign the petition, the committees shall share equally
the costs of the election. 

Sec. 158.076.  OPEN RECORDS.  (a) Provides that a proposed agreement and a
document prepared and used by the sheriff's department in connection with
the proposed agreement are available to the public under Chapter 552,
Government Code, only after the agreement is ratified by the commissioners
court. 

(b) Provides that this section does not affect the application of
Subchapter C, Chapter 552, Government Code, to a document prepared and
used by the sheriff's department in connection with the agreement. 

Sec. 158.077.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.  (a) Provides
that an agreement under this subchapter is enforceable and binding on the
public employer, the recognized bargaining committee, and peace officers
and detention officers covered by the agreement only if: 
   (1)  the commissioners court ratified the agreement by a majority vote;
and 
(2)  the recognized bargaining committee ratified the agreement by
conducting a secret ballot election at which only the peace officers and
detention officers of the county in the employee organization or
organizations representing peace officers and detention officers who could
be covered by the agreement were eligible to vote, and a majority of the
votes cast at the election favored ratifying the agreement. 

(b) Provides that an agreement ratified as described by Subsection (a) may
establish a procedure by which the parties agree to resolve disputes
related to a right, duty, or obligation provided by the agreement,
including binding arbitration on a question involving interpretation of
the agreement. 

(c) Provides that a state district court of a judicial district in which
the county is located has jurisdiction to hear and resolve a dispute under
the ratified agreement on the application of a party to the agreement
aggrieved by an action or omission of the other party when the action or
omission is related to a right, duty, or obligation provided by the
agreement. Authorizes the court to issue proper restraining orders,
temporary and permanent injunctions, or any other writ, order, or process,
including contempt orders, as appropriate to enforce the agreement. 

Sec. 158.078.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) Provides
that a written agreement ratified under this subchapter preempts, during
the term of the agreement, and to the extent of any conflict, all contrary
state statutes, local ordinances, executive orders, civil service
provisions, or rules adopted by the sheriff or county or a division or
agent of the sheriff or county,  such as a personnel board or a civil
service commission. 

(b) Provides that an agreement ratified under this subchapter may not
interfere with the right of a member of an employee organization to pursue
allegations of discrimination based on race, creed, color, national
origin, religion, age, sex, or disability with the Commission on Human
Rights or the federal Equal Employment Opportunity Commission or to pursue
affirmative action litigation. 

 Sec. 158.079. ELECTION TO REPEAL AGREEMENT. The bill allows for a
petition to  repeal a ratified agreement to be presented to the county
judge, provided that it is not later than the 60th day after the agreement
is ratified and the petition is signed by a certain amount of registered
voters. Upon the presentation of the petition, the commissioners court is
required to repeal the agreement or call an election to determine whether
to repeal the agreement.  

SECTION 2. September 1, 2003. 

EFFECTIVE DATE
September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute differs from the original by specifying that the Act
applies only to a county that has adopted provisions governing a sheriff's
department civil service system before September 1, 2003, with an
exception. The substitute also adds Sec. 158.079, relating to an election
to repeal an agreement.