78R7346 KSD-F

By:  Villarreal                                                   H.B. No. 2214


A BILL TO BE ENTITLED
AN ACT
relating to conditions of employment for a peace officer or a detention officer employed by certain sheriff's departments. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 158, Local Government Code, is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. LOCAL CONTROL OF SHERIFF'S DEPARTMENT EMPLOYMENT MATTERS
Sec. 158.071. APPLICABILITY. This subchapter applies only to a county with a population of more than one million that: (1) has adopted a civil service system under Subchapter B; and (2) contains the majority of the territory of a municipality with a population of more than one million that has adopted Chapter 174. Sec. 158.072. DEFINITIONS. In this subchapter: (1) "Association" means an organization in which peace officers and detention officers employed by the sheriff's department participate and that exists for the purpose, in whole or in part, of dealing with the county concerning grievances, labor disputes, wages, rates of pay, hours of work, or conditions of work affecting the peace officers and detention officers. (2) "Public employer" means a sheriff's department, a county, or an agency, board, or commission controlled by a county that is required to establish the wages, salaries, rates of pay, hours of work, working conditions, and other terms and conditions of employment of peace officers and detention officers employed by the sheriff's department. Sec. 158.073. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES. (a) A county may not be 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 association recognized as the sole and exclusive meet and confer agent under Section 158.074 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) An agreement under this subchapter must be in writing. (c) This subchapter does not require a public employer and the association recognized as the sole and exclusive meet and confer agent under Section 158.074 to meet and confer or reach an agreement on any issue. (d) A public employer and an association recognized as the sole and exclusive meet and confer agent under Section 158.074 may meet and confer only if the association does not advocate the illegal right to strike by public employees. (e) A peace officer or detention officer of a sheriff's department may not engage in a strike or organized work stoppage against this state or a political subdivision of this state. 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. This subsection 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. (f) The public employer's chief executive officer or the chief executive officer's designee shall select a group of persons to represent the public employer as its sole and exclusive meet and confer agent for issues related to the employment of peace officers and detention officers by the sheriff's department. Sec. 158.074. RECOGNITION OF PEACE OFFICER AND DETENTION OFFICERS ASSOCIATION. (a) In a county that chooses to meet and confer under this subchapter, the public employer shall recognize an association 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 may designate as exempt from a civil service system under Section 158.038(b), as the sole and exclusive meet and confer agent for all of the peace officers and detention officers employed by the sheriff's department, excluding the sheriff and persons the sheriff may designate as exempt under Section 158.038(b), until recognition of the association is withdrawn by a majority of the peace officers and detention officers eligible to sign a petition for recognition. (b) Whether an association represents a majority of the covered employees shall be resolved by a fair election conducted according to procedures agreeable to the parties. 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. The association is liable for the expenses of the election, except that if two or more associations seeking recognition as the sole and exclusive meet and confer agent submit petitions signed by a majority of the employees eligible to sign the petition, the associations shall share equally the costs of the election. Sec. 158.075. OPEN RECORDS. (a) 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) 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. 158.076. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a) An agreement under this subchapter is enforceable and binding on the public employer, the recognized association, and peace officers and detention officers covered by the agreement only if: (1) the commissioners court ratified the agreement by a majority vote; (2) the recognized association ratified the agreement by conducting a secret ballot election at which only the peace officers and detention officers of the county in the association were eligible to vote, and a majority of the votes cast at the election favored ratifying the agreement; and (3) the sheriff of the county ratified the agreement. (b) 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) A 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. The court may issue proper restraining orders, temporary and permanent injunctions, or any other writ, order, or process, including contempt orders, appropriate to enforce the agreement. Sec. 158.077. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a) For the purpose of any disciplinary appeal to the civil service commission or to a hearing examiner, a member of the association may choose to be represented by any person of the member's choice or by the association. (b) An agreement may not interfere with the right of a member of the association 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 Equal Employment Opportunity Commission or to pursue affirmative action litigation. SECTION 2. This Act takes effect September 1, 2003.