80R15658 KSD-F

By: Bailey, Martinez Fischer, Menendez, H.B. No. 2099

Leibowitz, McClendon, et al.

Substitute the following for H.B. No. 2099:

By: Bailey C.S.H.B. No. 2099

A BILL TO BE ENTITLED

AN ACT

relating to the right of certain municipalities to maintain local control over wages, hours, and other terms and conditions of employment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 5, Local Government Code, is amended by adding Chapter 147 to read as follows: CHAPTER 147. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES

Sec. 147.001. APPLICABILITY. (a) This chapter applies only to a municipality with a population of more than one million that:

(1) has adopted Chapter 174; and

(2) is not covered by Chapter 146.

(b) This chapter does not apply to:

(1) firefighters or police officers who are covered by Subchapters H, I, or J of Chapter 143 or by Chapter 174;

(2) police officers employed in a municipality's airport or parks and recreation department;

(3) employees managed by a municipally owned utility or other separate agency, board, or political subdivision created or controlled by a municipality; or

(4) an employee association in which employees described by Subdivision (1), (2), or (3) participate.

(c) This chapter does not affect any provision or procedure governing employer-employee relations at an entity described by Subsection (b)(2) or (3).

Sec. 147.002. MEET AND CONFER PROCESS; AGREEMENTS. A municipality may design a meet and confer process and enter into a written agreement with an employee association recognized in accordance with the process as the sole and exclusive bargaining agent of an employee bargaining unit, under terms and conditions established by the municipality in accordance with this chapter.

Sec. 147.003. GENERAL PROVISIONS. (a) A municipality that designs a meet and confer process under this chapter may not be denied local control over wages, salaries, rates of pay, hours of work, other terms and conditions of employment, or other state-mandated personnel issues covered by a meet and confer agreement. A municipality may enter into a written agreement governing these issues with an employee association recognized under the municipality's meet and confer process as the sole and exclusive bargaining agent for an employee bargaining unit that does not advocate the illegal right to strike by municipal employees.

(b) The municipality may establish procedures the municipality considers necessary and proper for the implementation of this chapter, including procedures for an election by the voters in the municipality regarding whether the municipality may meet and confer under this chapter.

Sec. 147.004. STRIKES PROHIBITED. (a) A municipal employee, employee representative, or employee association may not, either independently or jointly, declare or engage in a strike or organized work stoppage against this state or the municipality.

(b) A municipal employee who participates in a strike forfeits any civil service rights, reemployment rights, and other rights, benefits, or privileges the employee may have as a result of the employee's employment or prior employment with the municipality.

(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. 147.005. ENFORCEABILITY OF AGREEMENT. A state district court of a judicial district in which the municipality is located has jurisdiction to hear and resolve a dispute under a ratified written 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. 147.006. ELECTION TO REPEAL AGREEMENT. (a) Not later than the 45th day after the date a written meet and confer agreement is ratified by the governing body of the municipality and the recognized employee association, a petition calling for the repeal of the agreement signed by at least 10 percent of the qualified voters residing 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 it 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 or at a special election called by the governing body for that purpose. The ballot shall be printed to permit 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 _____ (name of the recognized employee association) 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. 147.007. 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 or rules adopted by this state regarding wages, hours of work, and other conditions of employment, other than a statute or rule regarding pensions or pension-related matters.

SECTION 2. This Act takes effect September 1, 2007.