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78R7413 YDB-D
By: Alonzo H.B. No. 2872
A BILL TO BE ENTITLED
AN ACT
relating to conditions of employment for state correctional
officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 493.001-493.025, Government Code, are
designated as Subchapter A, Chapter 493, Government Code, and a
subchapter heading is added to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Chapter 493, Government Code, is amended by
adding Subchapter B to read as follows:
SUBCHAPTER B. CONTROL OF EMPLOYMENT MATTERS
Sec. 493.051. DEFINITION. In this subchapter,
"association" means an organization in which correctional officers
of the department participate and that exists for the purpose, in
whole or in part, of dealing with the department concerning
grievances, labor disputes, wages, rates of pay, hours of work, or
conditions of work affecting the officers.
Sec. 493.052. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
RECOGNITION. (a) The department may not be denied control over the
wages, salaries, rates of pay, hours of work, other terms and
conditions of employment, or other state-mandated personnel
issues, to the extent the department and the association recognized
as the sole and exclusive bargaining agent under Section 493.054
agree as provided by this subchapter. Applicable statutes apply to
an issue not governed by the agreement.
(b) This subchapter does not require either the department
or a recognized association to meet and confer on any issue or reach
an agreement.
Sec. 493.053. STRIKES PROHIBITED. (a) The department and
the recognized association may meet and confer only if the
association does not advocate the illegal right to strike by
correctional officers.
(b) A correctional officer may not engage in a strike or
organized work stoppage against this state.
(c) A correctional officer who participates in a strike
forfeits any civil service rights, reemployment rights, and other
rights, benefits, or privileges the officer may have as a result of
the person's employment or prior employment with the department.
(d) Subsection (c) 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. 493.054. RECOGNITION OF ASSOCIATION. If the
department chooses to meet and confer under this subchapter, the
department shall recognize an association submitting a petition for
recognition signed by a majority of the correctional officers,
excluding the executive director and persons the executive director
may designate as exempt, as the sole and exclusive bargaining agent
for all of the officers of the department, excluding the executive
director and persons the executive director may designate as
exempt, until recognition of the association is withdrawn by a
majority of the officers eligible to sign a petition for
recognition. The executive director may not exempt more than 10
positions.
Sec. 493.055. ELECTION. (a) Whether an association
represents a majority of the covered correctional officers shall be
resolved by a fair election conducted according to procedures
agreeable to the parties.
(b) 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.
(c) Certification of the results of an election under
Subsection (b) resolves the question concerning representation.
(d) The association is liable for the expenses of the
election, except that if two or more associations seeking
recognition as the sole and exclusive bargaining agent submit
petitions signed by a majority of the officers eligible to sign the
petition, the associations shall share equally the costs of the
election.
Sec. 493.056. OPEN RECORDS. (a) A proposed agreement and a
document prepared and used by the 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 board.
(b) This section does not affect the application of
Subchapter C, Chapter 552, Government Code, to a document prepared
and used by the department in connection with the agreement.
Sec. 493.057. RATIFICATION AND ENFORCEABILITY OF
AGREEMENT. (a) An agreement under this subchapter is enforceable
and binding on the department, the recognized association, and the
correctional officers covered by the agreement only if:
(1) the board ratified the agreement by a majority
vote; and
(2) the recognized association ratified the agreement
by conducting a secret ballot election at which only the officers in
the association were eligible to vote, and a majority of the votes
cast at the election favored ratifying the agreement.
(b) A state district court in Travis County 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, that are appropriate to enforce the agreement.
Sec. 493.058. 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, executive orders, or rules adopted by
the department.
(b) An agreement ratified under this subchapter may not
interfere with the right of a member of a bargaining unit 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. 493.059. PROTECTED RIGHTS OF INDIVIDUAL CORRECTIONAL
OFFICERS. (a) For the purpose of any disciplinary appeal, 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 3. This Act takes effect September 1, 2003.