SRC-JLB C.S.S.B. 1166 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1166
78R10644 YDB-DBy: Barrientos
Intergovernmental Relations
5/16/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, 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.S.B. 1166 authorizes a county with a
population of less than one million that has not adopted Chapter 174,
Local Government Code, to recognize a bargaining committee as a bargaining
agent. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION 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.  (a)  Provides that except as provided by
Subsection (b), this subchapter applies only to a county in which
Subchapter B has been adopted. 
 
  (b)  Provides that this subchapter does not apply to a certain county.
 
 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. Provides that applicable
statutes and applicable local orders, ordinances, and civil service rules
and regulations apply to an issue not governed by the agreement. 
 
  (b)  Requires an agreement under this subchapter to 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)  Requires the question of whether a bargaining committee represents a
majority of the covered peace officers and detention officers to be
resolved by a fair election conducted according to procedures agreeable to
the parties. 
 
(c)  Authorizes either party, if the parties are unable to agree on
election procedures, to request the American Arbitration Association to
conduct the election and to certify the results.  Provides that
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.  Requires the committees, 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, to 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 certain conditions
exist. 

 (b)  Authorizes an agreement ratified as described by Subsection (a) to
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)  Prohibits an agreement ratified under this subchapter from
interfering 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. 
 
SECTION 2.  Effective date:  September 1, 2003.