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A BILL TO BE ENTITLED
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AN ACT
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relating to conditions of employment for certain peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.051(b), Local Government Code, is |
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amended to read as follows: |
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(b) This subchapter does not apply to: |
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(1) a peace officer who is covered by [a municipality
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that]: |
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(A) a collective bargaining agreement [(1)has] |
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adopted under Chapter 174; or |
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(B) an agreement adopted under [(2) is covered
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by] Subchapter H, I, or J, Chapter 143; or |
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(2) a municipality that [(3)] has a population of one |
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million or more and has not adopted Chapter 143. |
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SECTION 2. Subchapter B, Chapter 142, Local Government |
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Code, is amended by adding Section 142.069 to read as follows: |
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Sec. 142.069. CERTAIN PEACE OFFICERS EMPLOYED BY |
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MUNICIPALITY. (a) In this section: |
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(1) "Peace officer" means a peace officer under |
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Article 2.12, Code of Criminal Procedure. |
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(2) "Peace officers association" means an employee |
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organization in which peace officers employed by a municipal |
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department other than the police department participate that exists |
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for the purpose, wholly or partly, of dealing with the municipality |
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or public employer concerning grievances, labor disputes, wages, |
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rates of pay, hours of work, or conditions of work affecting peace |
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officers. |
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(b) This section applies only in relation to a peace officer |
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employed by a municipality in a department other than the police |
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department. This section does not apply in relation to members of |
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the police department. |
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(c) Not later than the 30th day after the date the governing |
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body of a municipality receives from a peace officers association a |
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petition signed by the majority of all peace officers employed by a |
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department of the municipality other than the police department, |
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excluding the head of the affected department, that requests |
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recognition of the association as the sole and exclusive bargaining |
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agent for all peace officers employed in that department, excluding |
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the head of the department, the governing body shall: |
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(1) grant recognition of the association as requested |
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in the petition and determine by majority vote that a public |
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employer may meet and confer with the peace officers association |
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under this subchapter without conducting an election by the voters |
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in the municipality under the procedures prescribed by Section |
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142.055; |
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(2) defer granting recognition of the association and |
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order an election by the voters in the municipality held under the |
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procedures prescribed by Section 142.055 regarding whether a public |
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employer may meet and confer with the peace officers association |
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under this subchapter; or |
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(3) order a certification election held under the |
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procedures prescribed by Section 142.054 to determine whether the |
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association represents a majority of the affected peace officers. |
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(d) If more than one department within a municipality, |
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excluding the police department, employs peace officers, a separate |
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petition must be submitted under Subsection (c) for each |
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department's peace officers. |
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(e) If the governing body of a municipality orders a |
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certification election under Subsection (c)(3) and the association |
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named in the petition is certified to represent a majority of the |
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peace officers of the affected municipal department, the governing |
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body shall, not later than the 30th day after the date the results |
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of that election are certified: |
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(1) grant recognition of the association as requested |
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in the petition for recognition and determine by majority vote that |
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a public employer may meet and confer with the peace officers |
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association under this subchapter without conducting an election by |
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the voters in the municipality under the procedures prescribed by |
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Section 142.055; or |
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(2) defer granting recognition of the association and |
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order an election by the voters in the municipality held under the |
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procedures prescribed by Section 142.055 regarding whether a public |
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employer may meet and confer with a peace officers association |
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under this subchapter. |
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(f) The ballot for an election ordered under this section |
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and held under the procedures prescribed by Section 142.055 shall |
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be printed to permit voting for or against the proposition: |
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"Authorizing __________ (name of the municipality) to operate under |
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the state law allowing a municipality to meet and confer and make |
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agreements with the association representing _________________ |
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(description of affected municipal peace officers) as provided by |
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state law, preserving the prohibition against strikes and organized |
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work stoppages, and providing penalties for strikes and organized |
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work stoppages." |
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(g) If a municipality recognizes a peace officers |
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association under this section, this subchapter applies to the |
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municipality, the recognized peace officers association for the |
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affected municipal department, and the affected peace officers in |
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the same manner as it applies to a police officers association and |
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police officers. The wording of any ballot proposition not covered |
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by Subsection (f) shall be conformed accordingly. |
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(h) General Provisions Relating to Agreements. |
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(1) A municipality acting under Section 142.069 may |
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not be denied local control over the wages, salaries, rates of pay, |
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hours of work, or other terms and conditions of employment to the |
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extent the public employer and the police officers association |
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recognized as the sole and exclusive bargaining agent under this |
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subchapter agree as provided by this subchapter, if the agreement |
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is ratified and not withdrawn in accordance with this subchapter. |
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Applicable statutes and applicable local orders, ordinances, and |
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civil service rules apply to an issue not governed by the meet and |
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confer agreement. |
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(2) A meet and confer agreement under this subchapter |
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must be written. |
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(3) This subchapter does not require a public employer |
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or a recognized police officers association to meet and confer on |
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any issue or reach an agreement. |
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(4) A public employer and the recognized police |
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officers association may meet and confer only if the association |
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does not advocate an illegal strike by public employees. |
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(5) While a meet and confer agreement under this |
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subchapter between the public employer and the recognized police |
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officers association is in effect, the public employer may not |
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accept a petition, with regard to the police officers of the |
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municipality requesting an election to adopt: |
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(A) municipal civil service under Chapter 143; or |
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(B) collective bargaining under Chapter 174. |
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SECTION 3. This Act takes effect September 1, 2007. |