BILL ANALYSIS
Senate Research Center S.B. 243
80R3932 KSD-F By: Deuell
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, there is no statute that grants the City of Dallas the ability to meet and confer with the police officers it employs. The City of Dallas is one of the last major metropolitan areas in this state to that has not been granted the ability to meet and confer with their police officers. The meet and confer process has encouraged a new, positive working relationship between the administration of a police department and its employees in these other cities.
As proposed, S.B. 243 grants municipalities with a population of one million or more, which includes the City of Dallas, the authority to meet and confer with the municipality's police officers and firefighters.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle A, Title 5, Local Government Code, by adding Chapter 147, as follows:
CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER AND POLICE OFFICER EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE MILLION OR MORE
Sec. 147.001. APPLICABILITY. Provides that 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 (Municipal Civil Service for Firefighters and Police Officers) or Chapter 174 (Fire and Police Employee Relations).
Sec. 147.002. DEFINITIONS. Defines "firefighter," "firefighter employee group," "police officer," and "police officer employee group."
Sec. 147.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) Creates a meet and confer team (team) under this section and sets forth the composition and duties of the team.
(b) Requires the team to negotiate with the municipality in an effort to reach an agreement on concerns shared by the firefighters and police officers regarding terms of employment, other than concerns relating to affirmative action, employment discrimination, hiring, and promotions. Provides that only the team is authorized to represent the firefighters or police officers, except that the team is authorized to be accompanied by legal counsel.
(c) Requires certain concerns to be negotiated by individual firefighter and police officer associations independent of the team.
(d) Provides the manner by which expenses associated with the team must be divided.
(e) Authorizes a municipality to designate one or more persons to meet and confer on the municipality's behalf.
Sec. 147.004. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES. (a) Prohibits a municipality from being denied local control over certain issues if the municipality and the team come to a mutual agreement on any of the terms of employment, and provides that nothing in this chapter requires either party to meet and confer on any issue or reach an agreement. Provides that if an agreement is not rendered, the state laws, local ordinances, and civil service roles remain unaffected. Requires all agreements to be written. Provides that nothing in this chapter requires either party to meet and confer on any issue or agreement.
(b) Authorizes a municipality to meet and confer only if the team does not advocate the illegal right to strike by public employees.
(c) Prohibits firefighters and police officers of a municipality from engaging in strikes against this state or a political subdivision of this state and establishes that rights, benefits, and privileges they enjoy as a result of employment or prior employment are forfeited if this is violated.
(d) Defines "strike." Provides that this section does not prohibit a firefighter or police officer from conferring with members of the municipal governing body about certain aspects of employment.
Sec. 147.005. PAYROLL DUES DEDUCTIONS. Prohibits the municipality from preventing automatic payroll deductions for dues paid to a firefighter employee group or police officer employee group.
Sec. 147.006. RECORDS AND MEETINGS. (a) Establishes that an agreement under this chapter is public information for purposes of Chapter 552 (Public Information), Government Code. Provides that the agreement and any document prepared and used by a municipality in connection with the agreement, other than certain documents privileged by law, are public information only after the agreement is ratified by both parties.
(b) Provides that a meeting between the team and any persons designated to meet and confer on the municipality's behalf is not subject to Chapter 551 (Open Meetings), Government Code.
(c) Provides that this section does not affect the application of Subchapter C (Information Excepted From Required Disclosure), Chapter 552, Government Code, to a document prepared and used by the municipality in connection with the agreement.
Sec. 147.007. ENFORCEABILITY OF AGREEMENT. (a) Establishes that a written agreement made under this chapter between a municipality and the team is enforceable and binding for certain persons and entities if the agreement is ratified by the municipality's governing body and under Section 147.008.
(b) Provides that when a party is aggrieved in relation to a written agreement ratified as required by this chapter, full authority and jurisdiction is held by a state district court of the judicial district in which a majority of the population of the municipality is located. Authorizes the court to issue proper restraining orders, temporary and permanent injunctions, and any other write, order, or process, including contempt orders, that are appropriate to enforcing any written agreement ratified as required by this chapter.
Sec. 147.008. ELECTION TO RATIFY AGREEMENT. Requires the team to call an election to ratify any agreement reached with the municipality if it has been approved by five-sevenths of the members of the team. Establishes that all firefighters and police officers of the municipality are eligible to vote. Authorizes an agreement to be ratified if 65 percent favor the ratification. Authorizes a firefighter or police officer who is not a member of the respective employee group to be assessed a fee for any cost associated with casting a vote. Requires the team to establish procedures of the election by unanimous consensus.
SECTION 2. Effective date: September 1, 2007.