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Amend HB 866 (Senate committee printing) in SECTION 1 of the
bill as follows:
(1) In added Subdivision (2), Section 147.002, Local
Government Code, strike added Paragraph (A) (page 1, lines 28
through 30), and substitute the following:
(A) in which firefighters of the municipality
have participated and paid dues via automatic payroll deduction for
at least one year; and
(2) In added Subdivision (4), Section 147.002, Local
Government Code, strike added Paragraph (A) (page 1, lines 42
through 44), and substitute the following:
(A) in which at least three percent of the police
officers of the municipality have participated and paid dues via
automatic payroll deduction for at least one year; and
(3) Immediately following added Section 147.003, Local
Government Code (page 2, between lines 15 and 16), insert the
following:
Sec. 147.0031. PETITION FOR RECOGNITION: ELECTION OR
ACTION BY GOVERNING BODY. (a) Not later than the 30th day after the
date the governing body of a municipality receives from the meet and
confer team a petition signed by a majority of all police officers
and a majority of all firefighters, excluding the head of the police
department, the head of the fire department, and other excluded
employees as described by Section 147.0035(b), that requests
recognition of the meet and confer team as the sole and exclusive
bargaining agent for all the police officers and firefighters
employed by the municipality, excluding the head of the police
department, the head of the fire department, and other excluded
employees as described by Section 147.0035(b), the governing body
shall:
(1) grant recognition of the meet and confer team as
requested in the petition and determine by majority vote that the
municipality may meet and confer under this chapter without
conducting an election by the voters in the municipality under
Section 147.0033;
(2) defer granting recognition of the meet and confer
team and order an election by the voters in the municipality under
Section 147.0033 regarding whether the municipality may meet and
confer under this chapter; or
(3) order a certification election under Section
147.0032 to determine whether the employee groups in the meet and
confer team represent a majority of the covered police officers and
a majority of the covered firefighters.
(b) If the governing body of a municipality orders a
certification election under Subsection (a)(3) and the employee
groups that are part of the meet and confer team are certified to
represent a majority of the covered police officers and a majority
of the covered firefighters, the governing body shall, not later
than the 30th day after the date that results of that election are
certified:
(1) grant recognition of the meet and confer team as
requested in the petition for recognition and determine by majority
vote that the municipality may meet and confer under this chapter
without conducting an election by the voters in the municipality
under Section 147.0033; or
(2) defer granting recognition of the meet and confer
team and order an election by the voters in the municipality under
Section 147.0033 regarding whether a public employer may meet and
confer under this chapter.
Sec. 147.0032. CERTIFICATION ELECTION. (a) Except as
provided by Subsection (b), a certification election ordered under
Section 147.0031(a)(3) to determine whether the employee groups in
the meet and confer team represent a majority of the covered police
officers and a majority of the covered firefighters 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) Each employee group in the meet and confer team is
liable for the expenses of the certification election for the
employees the group represents.
Sec. 147.0033. ELECTION TO AUTHORIZE OPERATING UNDER THIS
CHAPTER. (a) The governing body of a municipality that receives a
petition for recognition under Section 147.0031 may order an
election to determine whether a public employer may meet and confer
under this chapter.
(b) An election ordered under this section must be held as
part of the next regularly scheduled general election for municipal
officials that is held after the date the governing body of the
municipality orders the election and that allows sufficient time to
prepare the ballot in compliance with other requirements of law.
(c) The ballot for an election ordered under this section
shall be printed to permit voting for or against the proposition:
"Authorizing __________ (name of the municipality) to operate under
the state law allowing a municipality to meet and confer and make
agreements with the meet and confer team representing municipal
police officers and firefighters 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 must 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 municipality 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, a
meet and confer team may not submit a petition for recognition to
the governing body of the municipality under Section 147.0031
before the second anniversary of the date of the election.
Sec. 147.0034. WITHDRAWAL OF RECOGNITION. (a) The police
officers and firefighters may withdraw the recognition of the meet
and confer team granted under this chapter by filing with the
governing body of the municipality a petition signed by a majority
of all covered police officers and a majority of all covered
firefighters.
(b) The governing body of the municipality may:
(1) withdraw recognition as provided by the petition;
or
(2) order a certification election in accordance with
Section 147.0032 regarding whether to do so.
Sec. 147.0035. RECOGNITION OF MEET AND CONFER TEAM. (a) A
public employer in a municipality that chooses to meet and confer
under this chapter shall recognize the meet and confer team that is
recognized under Section 147.0031 or 147.0033 as the sole and
exclusive bargaining agent for the police officers and
firefighters, excluding the head of the police department, head of
the fire department, and the employees exempt under Subsection (b),
in accordance with this chapter and the petition.
(b) For the purposes of Subsection (a), exempt employees are
employees appointed by the head of the police department or fire
department in the classification immediately below that of
department head or that are exempt by the mutual agreement of the
meet and confer team and the municipality.
(c) The municipality shall recognize the meet and confer
team until recognition of the meet and confer team is withdrawn in
accordance with Section 147.0034 by a majority of the police
officers and a majority of the firefighters who are eligible to sign
a petition for recognition.
(4) In added Subsection (a), Section 147.004, Local
Government Code (page 2 lines 20 and 21), between "meet and confer
team" and "come to a mutual agreement", insert "recognized under
Section 147.0031 or 147.0033 as the sole and exclusive bargaining
agent for the covered police officers and firefighters".
(5) Strike added Subsection (b), Section 147.006, Local
Government Code (page 2, lines 56 through 58).
(6) In added Subsection (c), Section 147.006, Local
Government Code (page 2, line 59), strike "(c)" and substitute
"(b)".
(7) Immediately following added Section 147.008, Local
Government Code (page 3, between lines 26 and 27), insert the
following:
Sec. 147.009. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
OPERATE UNDER THIS CHAPTER. (a) The governing body of a
municipality that granted recognition of a meet and confer team
under Section 147.0031 without conducting an election under Section
147.0033 may withdraw recognition of the meet and confer team by
providing to the meet and confer team not less than 90 days' written
notice that:
(1) the governing body is withdrawing recognition of
the meet and confer team; and
(2) any agreement between the governing body and the
meet and confer team will not be renewed.
(b) The governing body of a municipality that granted
recognition of a meet and confer team after conducting an election
under Section 147.0033 may order an election to determine whether a
public employer may continue to meet and confer under this chapter.
The governing body may not order an election under this subsection
until the second anniversary of the date of the election under
Section 147.0033.
(c) An election ordered under Subsection (b) must be held as
part of the next regularly scheduled general election for municipal
officers that occurs after the date the governing body of the
municipality orders the election and that allows sufficient time to
prepare the ballot in compliance with other requirements of law.
(d) The ballot for an election ordered under Subsection (b)
shall be printed to allow voting for or against the proposition:
"Authorizing __________ (name of the municipality) to continue to
operate under the state law allowing a municipality to meet and
confer and make agreements with the meet and confer team
representing municipal police officers and firefighters as
provided by state law, preserving the prohibition against strikes
and organized work stoppages, and providing penalties for strikes
and organized work stoppages."
(e) An election ordered under Subsection (b) must be held
and the returns prepared and canvassed in conformity with the
Election Code.
(f) If an election ordered under Subsection (b) is held, the
municipality may continue to operate under this chapter only if a
majority of the votes cast at the election favor the proposition.
(g) If an election ordered under Subsection (b) is held, a
meet and confer team may not submit a petition for recognition to
the governing body of the municipality under Section 147.0031
before the second anniversary of the date of the election.
Sec. 147.010. ELECTION TO REPEAL AGREEMENT. (a) Not later
than the 60th day after the date a meet and confer agreement is
ratified by the governing body of the municipality and the
firefighters and police officers under 147.008, a petition calling
for the repeal of the agreement signed by a number of registered
voters residing in the municipality equal to at least 10 percent of
the votes cast at the most recent general election held in the
municipality may be presented to the person charged with ordering
an election under Section 3.004, Election Code.
(b) If a petition is presented under Subsection (a), the
governing body of the municipality shall:
(1) repeal the meet and confer agreement; or
(2) certify that the governing body 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 for the
municipality. 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 (name
of the governing body of the municipality) and the police officers
and firefighters employed by the City of __________ (name of
municipality) 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.
Sec. 147.010. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a)
This chapter may not be construed to repeal any existing benefit
provided by statute or ordinance concerning police officers' or
firefighters' compensation, pensions, retirement plans, hours of
work, conditions of employment, or other emoluments except as
expressly provided in a ratified meet and confer agreement. This
chapter is in addition to the benefits provided by existing
statutes and ordinances.
(b) This chapter may not be construed to interfere with the
free speech right, guaranteed by the First Amendment to the United
States Constitution, of an individual firefighter or a police
officer to endorse or dissent from any agreement.