79R1488 YDB-F
By: Bailey H.B. No. 466
A BILL TO BE ENTITLED
AN ACT
relating to conditions of employment for peace officers and
detention officers employed by certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Local Government Code, is
amended by adding Chapter 161 to read as follows:
CHAPTER 161. LOCAL CONTROL OF PEACE OFFICER AND DETENTION OFFICER
EMPLOYMENT MATTERS IN CERTAIN COUNTIES
Sec. 161.001. APPLICABILITY. (a) Except as provided by
Subsection (b), this chapter applies only to a county with a
population of 200,000 or more that employs peace officers or
detention officers.
(b) This chapter does not apply to a county that has adopted
Chapter 174.
Sec. 161.002. DEFINITIONS. In this chapter:
(1) "Association" means an employee organization in
which peace officers or detention officers employed by a county
participate and that exists for the purpose, in whole or in part, of
dealing with the county or the head of any law enforcement agency of
the county concerning grievances, labor disputes, wages, rates of
pay, hours of work, or conditions of work affecting peace officers
or detention officers.
(2) "Detention officer" means a person employed by a
county as a detention officer or jailer.
(3) "Peace officer" means a person who is a peace
officer under Article 2.12, Code of Criminal Procedure, or other
law and who is employed by a county.
(4) "Public employer" means a county or any law
enforcement agency of the 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 or
detention officers employed by the county.
Sec. 161.003. PETITION FOR RECOGNITION: ELECTION OR ACTION
BY COUNTY COMMISSIONERS. (a) Not later than the 30th day after the
date the commissioners court of a county receives a petition signed
by the majority of all peace officers and detention officers,
excluding the head of any law enforcement agency for the county and
the employees exempt under Section 161.008(b), requesting
recognition of an association or associations as the exclusive
bargaining agent for the nonexempt peace officers or detention
officers as described by Subsection (b), the commissioners court
shall:
(1) grant recognition of the association or
associations as requested in the petition and find that the public
employers may meet and confer under this chapter without conducting
an election by the voters in the county under Section 161.005;
(2) defer granting recognition of the association or
associations and order an election by the voters in the county under
Section 161.005 regarding whether the public employers may meet and
confer under this chapter; or
(3) order a certification election under Section
161.004 to determine whether the association or associations
represent a majority of the affected peace officers and detention
officers.
(b) The petition described by Subsection (a) must state
whether the petitioners request recognition of:
(1) one association to represent all peace officers
and detention officers employed by the county, excluding the head
of any law enforcement agency and the officers exempt under Section
161.008(b); or
(2) two associations, with:
(A) one association to exclusively represent
peace officers employed by any county law enforcement agency in a
law enforcement position, excluding the head of any law enforcement
agency and the officers exempt under Section 161.008(b); and
(B) one association to exclusively represent
detention officers employed by a county law enforcement agency and
peace officers employed by any county law enforcement agency in a
position other than law enforcement, excluding the head of any law
enforcement agency and the officers exempt under Section
161.008(b).
(c) If the commissioners court orders a certification
election under Subsection (a)(3) and the association or
associations named in the petition are certified to represent a
majority of the affected officers, the court shall, not later than
the 30th day after the date that results of that election are
certified:
(1) grant recognition of the association or
associations as requested in the petition for recognition and find
that a public employer may meet and confer under this chapter
without conducting an election by the voters in the county under
Section 161.005; or
(2) defer granting recognition of the association or
associations and order an election by the voters in the county under
Section 161.005 regarding whether the public employers may meet and
confer under this chapter.
Sec. 161.004. CERTIFICATION ELECTION. (a) Except as
provided by Subsection (b), a certification election ordered under
Section 161.003(a)(3) to determine whether an association or
associations represent a majority of the covered peace officers and
detention officers shall be conducted according to procedures
agreeable to the parties.
(b) If the parties are unable to agree on procedures for the
certification election, either party may request the American
Arbitration Association to conduct the election and to certify the
results of the election.
(c) Certification of the results of an election under this
section resolves the question concerning representation.
(d) The association or associations named in the petition
are liable for the expenses of the certification election, except
that if one or more other associations seeking recognition as the
exclusive bargaining agent submit a petition signed by at least 30
percent of the affected peace officers and detention officers
eligible to sign the petition for recognition, all associations
named in any petition shall share equally the costs of the election.
Sec. 161.005. ELECTION TO AUTHORIZE OPERATING UNDER THIS
CHAPTER. (a) The commissioners court of a county that receives a
petition for recognition under Section 161.003 may order an
election to determine whether the public employers may meet and
confer under this chapter.
(b) An election under this section must be held on the first
authorized uniform election date prescribed by Chapter 41, Election
Code, that occurs after the date the commissioners court orders the
election and that allows sufficient time to comply with other
requirements of law.
(c) The ballot for an election called under this section
shall be printed to allow voting for or against the proposition:
"Authorizing ________________ (name of the county) to operate under
the state law allowing the county to meet and confer and make
agreements with the association or associations representing
county peace officers and detention officers as provided by state
law, preserving the prohibition against strikes and organized work
stoppages, and providing penalties for strikes and organized work
stoppages."
(d) An election called under this section shall be held and
the returns prepared and canvassed in conformity with the Election
Code.
(e) If an election authorized under this section is held,
the county may operate under the other provisions of this chapter
only if a majority of the votes cast at the election favor the
proposition.
(f) If an election authorized under this section is held, an
association or associations may not submit a petition for
recognition to the commissioners court of the county under Section
161.003 before the first anniversary of the date of the election.
Sec. 161.006. CHANGE OR MODIFICATION OF RECOGNITION. (a)
The peace officers or detention officers may modify or change the
recognition of the association or associations granted under this
chapter by filing with the commissioners court of the county a
petition signed by a majority of all covered officers.
(b) The commissioners court may:
(1) recognize the change or modification as provided
by the petition; or
(2) order a certification election in accordance with
Section 161.004 regarding whether to do so.
Sec. 161.007. STRIKES PROHIBITED. (a) A peace officer or
detention officer may not engage in a strike or organized work
stoppage against this state or the county.
(b) 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 county.
(c) 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. 161.008. RECOGNITION OF ASSOCIATION BY PUBLIC
EMPLOYER. (a) A public employer in a county that chooses to meet
and confer under this chapter shall recognize an association that
is recognized under Section 161.003 or 161.004 as the exclusive
bargaining agent for the covered peace officers or detention
officers under this chapter. The covered officers are the officers
described in the applicable petition for recognition, but the
covered officers do not include the head of any law enforcement
agency or the employees exempt under Subsection (b).
(b) For the purposes of Subsection (a), exempt employees
are:
(1) the sheriff and the employees that the sheriff
designates as exempt in the manner prescribed by Subchapter B,
Chapter 158, if the sheriff's department is operating under that
subchapter, or that are exempt by the mutual agreement of the
recognized association and the sheriff; and
(2) a constable and the employees that the constable
designates as exempt in the manner that a sheriff may exempt
employees under Subchapter B, Chapter 158, or that are exempt by the
mutual agreement of the recognized association and the constable.
(c) The public employer shall recognize the association
until recognition of the association is withdrawn by a majority of
the peace officers and detention officers eligible to sign a
petition for recognition, in accordance with Section 161.006.
Sec. 161.009. SELECTION OF BARGAINING AGENT; PUBLIC
EMPLOYER BARGAINING TEAM. (a) Each public employer's chief
executive officer or the chief executive officer's designee shall
select one or more persons to represent the public employer as its
exclusive bargaining agent to meet and confer on issues related to
the wages, hours of employment, and other terms and conditions of
employment of peace officers and detention officers for whom the
public employer is responsible. The sheriff is the public employer
for employees of the sheriff's department. A constable is the
public employer for employees of the constable's office.
(b) An association recognized under this chapter may
designate one or more persons to negotiate or bargain on its behalf.
(c) The representatives of each public employer that has
selected one or more persons under Subsection (a) form a bargaining
team. The team may negotiate provisions applicable to all
represented public employers. Appropriate representatives on the
team may negotiate provisions applicable to only one public
employer or to some but not all of the represented public employers.
Sec. 161.010. GENERAL PROVISIONS RELATING TO AGREEMENTS.
(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 a public employer that is a party to the
agreement and an association recognized as an exclusive bargaining
agent agree as provided by this chapter, if the agreement is
ratified and not repealed under this chapter. Applicable statutes
and applicable local orders, ordinances, and civil service rules
apply to an issue not governed by the agreement.
(b) A meet and confer agreement under this chapter must be
written.
(c) This chapter does not require a public employer or a
recognized association to meet and confer on any issue or reach an
agreement.
(d) A public employer and a recognized association may meet
and confer only if the association does not advocate an illegal
strike by public employees.
(e) An agreement may contain provisions designed to apply to
only one public employer, to some but not all of the conferring
public employers, or to all of the conferring public employers.
Sec. 161.011. OPEN RECORDS. (a) A proposed meet and confer
agreement and a document prepared and used by the county or a public
employer 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 of the county.
(b) This section does not affect the application of
Subchapter C, Chapter 552, Government Code, to a document prepared
and used in connection with the agreement.
Sec. 161.012. RATIFICATION AND ENFORCEABILITY OF
AGREEMENT. (a) A meet and confer agreement under this chapter is
enforceable and binding on the county, the sheriff, a constable,
the applicable recognized association, and the peace officers or
detention officers covered by the agreement only if:
(1) the commissioners court of the county ratified the
agreement by a majority vote; and
(2) the applicable recognized association ratified
the agreement by conducting a secret ballot election at which only
the peace officers and detention officers that were represented by
the association were eligible to vote, and a majority of the votes
cast at the election favored ratifying the agreement.
(b) A meet and confer 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 meet and confer 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 enforcing the agreement.
Sec. 161.013. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
A written meet and confer agreement ratified under this chapter
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,
a constable, or the county, or by a division or agent of the
sheriff, a constable, or the county, such as a personnel board or a
civil service commission.
Sec. 161.014. PROTECTED RIGHTS. (a) For any disciplinary
appeal, a covered peace officer or detention officer may be
represented by a recognized association or by any person chosen by
the officer.
(b) A meet and confer agreement ratified under this chapter
may not interfere with the right of a covered peace officer or
detention officer to pursue allegations of discrimination based on
race, creed, color, national origin, religion, age, sex, or
disability with the Texas Workforce Commission civil rights
division or the federal Equal Employment Opportunity Commission or
to pursue affirmative action litigation.
Sec. 161.015. ELECTION TO REPEAL AGREEMENT. (a) Not later
than the 60th day after the date a meet and confer agreement is
ratified by the commissioners court and a recognized association, a
petition calling for the repeal of the agreement signed by at least
10 percent of the registered voters residing in the county may be
presented to the commissioners court.
(b) If a petition is presented under Subsection (a), the
commissioners court shall order an election by the voters in the
county to determine whether to repeal the meet and confer
agreement.
(c) An election ordered under Subsection (b) shall be held
as part of the next regularly scheduled general election for the
county for which there remains sufficient time to add the question
to the ballot. The ballot shall be printed to provide for voting
for or against the proposition: "Repeal the meet and confer
agreement ratified on _____ (date agreement was ratified) by the
commissioners court and __________ (name of the association)
concerning wages, salaries, rates of pay, hours of work, and other
terms of employment of certain county _____ (peace officers or
peace officers and detention officers, as applicable)."
(d) If a majority of the votes cast at the election favor the
repeal of the meet and confer agreement, the agreement is void.
(e) A public employer and a recognized association may not
negotiate a new meet and confer agreement before the 181st day after
the date a meet and confer agreement is repealed at an election
under this section.
SECTION 2. This Act takes effect September 1, 2005.