78R11817 YDB-D
By:  Keel, Naishtat, Dukes, Stick, Rodriguez                      H.B. No. 2303
Substitute the following for H.B. No. 2303:                                   
By:  Casteel                                                  C.S.H.B. No. 2303
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.  (a)  Except as provided by 
Subsection (b), this subchapter applies only to a county in which 
Subchapter B has been adopted before September 1, 2003.
	(b)  This subchapter does not apply to a county that:                   
		(1)  has adopted Chapter 174 before September 1, 2003; 
or            
		(2)  has a population of more than one million.                        
	Sec. 158.072.  DEFINITIONS.  In this subchapter:                        
		(1)  "Bargaining committee" means a committee of one or 
more employee organizations composed primarily of peace officers 
assigned to the law enforcement division of the sheriff's 
department and detention officers assigned to divisions in the 
department other than the law enforcement division who have elected 
to form a bargaining committee for the purpose, wholly or partly, 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 AND 
RECOGNITION.  (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 
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)  An agreement under this subchapter must be written.                
	(c)  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)  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 
bargaining agent for issues related to the employment of peace 
officers and detention officers by the sheriff's department.
	(e)  The sheriff may 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)  A public employer 
and the recognized bargaining committee may 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)  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.
	(c)  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)  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)  In a county that chooses to 
meet and confer under this subchapter, the public employer shall 
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)  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)  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)  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)  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. 158.077.  RATIFICATION AND ENFORCEABILITY OF 
AGREEMENT.  (a)  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)  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 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. The court may 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)  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)  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.  (a)  Not later 
than the 60th day after the date an agreement is ratified by the 
public employer and the recognized bargaining committee in 
accordance with Section 158.077, a petition calling for the repeal 
of the agreement signed by a number of registered voters residing in 
the county equal to at least 10 percent of the votes cast at the most 
recent general election held in the county may be presented to the 
county judge.
	(b)  If a petition is presented under Subsection (a), the 
commissioners court shall:
		(1)  repeal the agreement; or                                          
		(2)  certify that it is not repealing the agreement and 
call an election to determine whether to repeal the agreement.
	(c)  An election called under Subsection (b)(2) may be held 
as part of the next regularly scheduled general election of the 
county or at a special election called by the commissioners court 
for that purpose.  The ballot shall be printed to provide for voting 
for or against the proposition: "Repeal the agreement ratified on 
_____ (date agreement was ratified) by the commissioners court and 
the peace officers and detention officers employed by the sheriff's 
department concerning wages, salaries, rates of pay, hours of work, 
and other terms of employment."
	(d)  If a majority of the votes cast at the election favor the 
repeal of the agreement, the agreement is void.
	SECTION 2.  This Act takes effect September 1, 2003.