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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 142.059, Local Government Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A meet and confer agreement under this subchapter may |
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not contain a provision that confers any benefit on: |
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(1) the recognized police officers association as an |
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entity; |
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(2) any other police officers or peace officers |
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association providing support to the recognized police officers |
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association; |
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(3) any person by virtue of the person's status as a |
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member, officer, employee, or contractor of the recognized police |
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officers association; or |
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(4) any person by virtue of the person's status as a |
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member of the negotiation or bargaining team under Section 142.060. |
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SECTION 2. Chapter 142, Local Government Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. LOCAL CONTROL OF AIRPORT PEACE OFFICER AND PARKS |
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PEACE OFFICER EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES |
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Sec. 142.151. APPLICABILITY. (a) This subchapter applies |
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only to a municipality with a population of more than one million |
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that: |
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(1) has adopted Chapter 174; and |
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(2) is not covered by Chapter 146. |
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(b) This subchapter does not apply to: |
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(1) a police officer who is covered by an agreement |
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adopted under Subchapter H, I, or J, Chapter 143, or under Chapter |
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174; or |
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(2) a municipality that has a population of one |
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million or more and has not adopted Chapter 143. |
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(c) This subchapter applies only in relation to peace |
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officers employed as municipal parks and recreation peace officers |
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or airport peace officers. |
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Sec. 142.152. DEFINITIONS. In this subchapter: |
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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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concerning grievances, labor disputes, wages, rates of pay, hours |
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of work, or conditions of work affecting peace officers. |
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Sec. 142.153. MEET AND CONFER PROCESS; AGREEMENTS. A |
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municipality may design a meet and confer process and enter into a |
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written agreement with a peace officers association recognized in |
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accordance with the process as the sole and exclusive bargaining |
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agent of a peace officers bargaining unit, under terms and |
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conditions established by the municipality in accordance with this |
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subchapter. |
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Sec. 142.154. GENERAL PROVISIONS. (a) A municipality that |
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designs a meet and confer process under this subchapter may not be |
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denied local control over wages, salaries, rates of pay, hours of |
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work, other terms and conditions of employment, or other |
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state-mandated personnel issues covered by a meet and confer |
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agreement. A municipality may enter into a written agreement |
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governing these issues with a peace officers association recognized |
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under the municipality's meet and confer process as the sole and |
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exclusive bargaining agent for a peace officers bargaining unit |
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that does not advocate the illegal right to strike by municipal |
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employees. |
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(b) The municipality may establish procedures the |
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municipality considers necessary and proper for the implementation |
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of this subchapter, including procedures for an election by the |
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voters in the municipality regarding whether the municipality may |
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meet and confer under this subchapter. |
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Sec. 142.155. STRIKES PROHIBITED. (a) A peace officer, |
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peace officers representative, or peace officers association |
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subject to this subchapter may not, either independently or |
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jointly, declare or engage in a strike or organized work stoppage |
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against this state or the municipality. |
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(b) A peace officer subject to this subchapter who |
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participates in a strike forfeits any civil service rights, |
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reemployment rights, and other rights, benefits, or privileges the |
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peace officer may have as a result of the peace officer's employment |
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or prior employment with the municipality. |
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(c) This section does not affect the right of a person to |
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cease work if the person is not acting in concert with others in an |
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organized work stoppage. |
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Sec. 142.156. ENFORCEABILITY OF AGREEMENT. A state |
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district court of a judicial district in which the municipality is |
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located has jurisdiction to hear and resolve a dispute under a |
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ratified written meet and confer agreement on the application of a |
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party to the agreement aggrieved by an action or omission of the |
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other party when the action or omission is related to a right, duty, |
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or obligation provided by the agreement. The court may issue proper |
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restraining orders, temporary and permanent injunctions, or any |
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other writ, order, or process, including contempt orders, that are |
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appropriate to enforcing the agreement. |
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Sec. 142.157. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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A written meet and confer agreement ratified under this subchapter |
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preempts, during the term of the agreement and to the extent of any |
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conflict, all contrary state statutes or rules adopted by this |
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state regarding wages, hours of work, and other conditions of |
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employment, other than a statute or rule regarding pensions or |
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pension-related matters. |
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SECTION 3. This Act takes effect September 1, 2007. |