78R7347 KEG-D

By:  Hartnett                                                     H.B. No. 2460


A BILL TO BE ENTITLED
AN ACT
relating to local control of police officer employment matters in certain municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle A, Title 5, Local Government Code, is amended by adding Chapter 145 to read as follows:
CHAPTER 145. LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE MILLION OR MORE
Sec. 145.001. APPLICABILITY. This chapter applies only to a municipality with a population of one million or more, but does not apply to a municipality that has adopted Chapter 143 or 174. Sec. 145.002. DEFINITIONS. In this chapter: (1) "Majority bargaining agent" means the police employee group selected under Section 145.004 or 145.005 to represent all police officers employed by the municipality during negotiations with the public employer. (2) "Police employee group" means an organization: (A) in which, on or before September 1, 2003, at least three percent of the police officers of the municipality participated and paid dues via automatic payroll deduction; and (B) that exists for the purpose, in whole or part, of dealing with the municipality concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work affecting police officers. (3) "Public employer" means any municipality or agency, board, commission, or political subdivision controlled by a municipality that is required to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of police officers. The term includes, under appropriate circumstances, a mayor, manager, administrator of a municipality, municipal governing body, director of personnel, personnel board, or one or more other officials, regardless of the name by which they are designated. Sec. 145.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES. (a) A municipality may not be denied local control over the wages, salaries, rates of pay, hours of work, and other terms of employment, or other state-mandated personnel issues, if the public employer and the majority bargaining agent come to a mutual agreement on any of the terms of employment. If an agreement is not reached, the state laws, local ordinances, and civil service rules remain unaffected. All agreements shall be written. Nothing in this chapter requires either party to meet and confer on any issue or reach an agreement. (b) A public employer may only meet and confer if the majority bargaining agent does not advocate the illegal right to strike by public employees. (c) Police officers of a municipality may not engage in strikes or organized work stoppages against this state or a political subdivision of this state. A police officer who participates in a strike or work stoppage forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges the police officer enjoys as a result of employment or prior employment. Sec. 145.004. SELECTION OF MAJORITY BARGAINING AGENT. (a) Not later than January 31, 2004, representatives from each police employee group shall meet to select the majority bargaining agent. The majority bargaining agent must be selected unanimously. (b) If the representatives of the police employee groups fail to meet or are unable to reach a unanimous consensus as to a majority bargaining agent before January 31, 2004, the selection of a majority bargaining agent will be governed by Section 145.005. Sec. 145.005. ELECTION OF MAJORITY BARGAINING AGENT. (a) This section does not apply if a majority bargaining agent is selected under Section 145.004. (b) The governing body of a police employee group, by resolution, may call for an election to select a majority bargaining agent. The election shall be held not earlier than the 60th day and not later than the 90th day after the date the resolution is adopted. (c) All police officers employed by the municipality are entitled to vote in the election. (d) The police employee group receiving a majority of the votes cast shall be the majority bargaining agent. (e) If no police employee group receives a majority of the votes cast, the two police employee groups receiving the highest number of votes shall participate in a runoff election. The runoff election shall be held not later than the 30th day after the date of the initial election. (f) If the police employee groups participating in the election are unable to agree on the procedures for the election, any group may request that the American Arbitration Association conduct the election and certify the results. Certification of the results of an election resolves the question of the selection of the majority bargaining agent. (g) All police employee groups participating in the election shall share equally the expenses of the election. A police employee group that fails to pay its share of the election expenses forfeits the right to participate on the bargaining team under Section 145.006. Sec. 145.006. BARGAINING TEAM; NEGOTIATIONS. (a) A bargaining team shall be created to advise the majority bargaining agent. (b) The majority bargaining agent shall appoint members to serve on the bargaining team. Each qualifying police employee group may appoint one police officer of the municipality to serve on the bargaining team. (c) The majority bargaining agent shall represent all police officers and negotiate with the public employer in an effort to reach an agreement. Another person may not represent police officers or negotiate in this capacity. The bargaining team shall review any agreement reached between the majority bargaining agent and the public employer. A majority of the members of the bargaining team must approve the agreement before a ratification election can be held under Section 145.010. Sec. 145.007. PAYROLL DUES DEDUCTIONS. After a majority bargaining agent is recognized, the public employer may not stop or prevent automatic payroll deductions for dues paid to a police employee group because the group is or is not the majority bargaining agent. Sec. 145.008. OPEN RECORDS REQUIRED. All documents relating to an agreement between a majority bargaining agent and a public employer shall be available to the public in accordance with state statutes. Sec. 145.009. ENFORCEABILITY OF AGREEMENT. (a) A written agreement made under this chapter between a public employer and a majority bargaining agent and approved by the bargaining team is enforceable and binding on the public employer, the majority bargaining agent, police employee groups, and the police officers covered by the agreement if: (1) the municipality's governing body ratified the agreement by a majority vote; and (2) the agreement is ratified under Section 145.010. (b) A state district court of the judicial district in which a majority of the population of the municipality is located has full authority and jurisdiction on the application of either party 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 any written agreement ratified as required by this chapter. The court may issue proper restraining orders, temporary and permanent injunctions, and any other writ, order, or process, including contempt orders, that are appropriate to enforcing any written agreement ratified as required by this chapter. Sec. 145.010. ELECTION TO RATIFY AGREEMENT. (a) The majority bargaining agent shall call an election to ratify any agreement reached with the public employer if the agreement has been approved by a majority of the bargaining team. (b) All police officers of the municipality are eligible to vote in the election. (c) The bargaining team shall establish procedures of the election by unanimous consensus. SECTION 2. This Act takes effect September 1, 2003.