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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 deputy sheriffs employed |
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by sheriff's departments in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 5, Local Government Code, is |
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amended by adding Chapter 161 to read as follows: |
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CHAPTER 161. LOCAL CONTROL OF DEPUTY SHERIFF EMPLOYMENT |
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MATTERS IN CERTAIN COUNTIES |
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Sec. 161.001. APPLICABILITY. (a) Except as provided by |
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Subsection (b), this chapter applies only to a sheriff's department |
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in a county with a population of three million or more that employs |
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deputy sheriffs. |
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(b) This chapter does not apply to a sheriff's department in |
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a county that has adopted Chapter 174. |
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Sec. 161.002. DEFINITIONS. In this chapter: |
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(1) "Association" means an employee organization in |
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which deputy sheriffs employed by a sheriff's department in a |
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county participate and that exists for the purpose, in whole or in |
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part, of dealing with the county or the head of any law enforcement |
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agency of the county concerning grievances, labor disputes, wages, |
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rates of pay, hours of work, or conditions of work affecting deputy |
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sheriffs. |
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(2) "Deputy sheriff" means a person who is a peace |
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officer under Article 2.12(1), Code of Criminal Procedure, and who |
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is employed by a sheriff's department in a county to which this |
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chapter applies. |
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(3) "Public employer" means a county or any law |
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enforcement agency of the county that is required to establish the |
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wages, salaries, rates of pay, hours of work, working conditions, |
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and other terms and conditions of employment of deputy sheriffs |
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employed by the county. |
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Sec. 161.003. PETITION FOR RECOGNITION: ELECTION OR ACTION |
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BY COUNTY COMMISSIONERS. (a) Not later than the 30th day after the |
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date the commissioners court of a county receives a petition signed |
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by the majority of all deputy sheriffs, excluding the head of any |
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law enforcement agency for the county and the employees exempt |
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under Section 161.006(b), requesting recognition of an association |
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or associations as the exclusive bargaining agent for the nonexempt |
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deputy sheriffs as described by Subsection (b), the commissioners |
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court shall: |
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(1) grant recognition of the association or |
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associations as requested in the petition and find that the public |
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employers may meet and confer under this chapter; or |
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(2) order a certification election under Section |
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161.004 to determine whether the association or associations |
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represent a majority of the affected deputy sheriffs. |
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(b) The petition described by Subsection (a) must state |
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whether the petitioners request recognition of: |
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(1) one association to represent all deputy sheriffs |
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employed by the county, excluding the head of any law enforcement |
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agency and the deputy sheriffs exempt under Section 161.006(b); or |
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(2) more than one association to represent certain |
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deputy sheriffs employed by any county law enforcement agency in a |
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law enforcement position, excluding the head of any law enforcement |
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agency and the deputy sheriffs exempt under Section 161.006(b). |
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(c) If the commissioners court orders a certification |
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election under Subsection (a)(2) and the association or |
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associations named in the petition are certified to represent a |
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majority of the affected deputy sheriffs, the court shall, not |
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later than the 30th day after the date that results of that election |
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are certified, grant recognition of the association or associations |
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as requested in the petition for recognition and find that a public |
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employer may meet and confer under this chapter. |
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Sec. 161.004. CERTIFICATION ELECTION. (a) Except as |
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provided by Subsection (b), a certification election ordered under |
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Section 161.003(a)(2) to determine whether an association or |
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associations represent a majority of the covered deputy sheriffs |
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shall be conducted according to procedures agreeable to the |
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parties. |
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(b) If the parties are unable to agree on procedures for the |
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certification election, either party may request the American |
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Arbitration Association to conduct the election and to certify the |
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results of the election. |
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(c) Certification of the results of an election under this |
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section resolves the question concerning representation. |
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(d) The association or associations named in the petition |
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are liable for the expenses of the certification election, except |
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that if one or more other associations seeking recognition as the |
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exclusive bargaining agent submit a petition signed by a majority |
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of the affected deputy sheriffs eligible to sign the petition for |
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recognition, all associations named in any petition shall share |
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equally the costs of the election. |
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Sec. 161.005. STRIKES PROHIBITED. (a) A deputy sheriff may |
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not engage in a strike or organized work stoppage against this state |
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or the county. |
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(b) A deputy sheriff who participates in a strike forfeits |
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any civil service rights, reemployment rights, and other rights, |
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benefits, or privileges the deputy sheriff may have as a result of |
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the deputy sheriff's employment or prior employment with the |
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county. |
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(c) This section does not affect the right of a deputy |
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sheriff to cease work if the deputy sheriff is not acting in concert |
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with others in an organized work stoppage. |
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Sec. 161.006. RECOGNITION OF ASSOCIATION BY PUBLIC |
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EMPLOYER. (a) A public employer in a county that chooses to meet |
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and confer under this chapter shall recognize an association that |
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is recognized under Section 161.003 or 161.004 as the exclusive |
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bargaining agent for the covered deputy sheriffs under this |
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chapter. The covered deputy sheriffs are the deputy sheriffs |
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described in the applicable petition for recognition, but the |
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covered deputy sheriffs do not include the head of any law |
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enforcement agency or the employees exempt under Subsection (b). |
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(b) For the purposes of Subsection (a), exempt employees are |
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the sheriff and the deputy sheriffs that the sheriff designates as |
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exempt in the manner prescribed by Subchapter B, Chapter 158, if the |
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sheriff's department is operating under that subchapter, or that |
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are exempt by the mutual agreement of the recognized association |
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and the sheriff. |
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(c) The public employer shall recognize the association |
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until recognition of the association is withdrawn by a majority of |
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the deputy sheriffs eligible to sign a petition for recognition. |
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Sec. 161.007. GENERAL PROVISIONS RELATING TO AGREEMENTS. |
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(a) A county may not be denied local control over the wages, |
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salaries, rates of pay, hours of work, or other terms and conditions |
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of employment to the extent a public employer that is a party to the |
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agreement and an association recognized as an exclusive bargaining |
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agent agree as provided by this chapter, if the agreement is |
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ratified and not repealed under this chapter. Applicable statutes |
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and applicable local orders, ordinances, and civil service rules |
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apply to an issue not governed by the agreement. |
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(b) A meet and confer agreement under this chapter must be |
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written. |
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(c) This chapter does not require a public employer or a |
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recognized association to meet and confer on any issue or reach an |
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agreement. |
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(d) A public employer and a recognized association may meet |
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and confer only if the association does not advocate an illegal |
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strike by public employees. |
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Sec. 161.008. OPEN RECORDS. (a) A proposed meet and confer |
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agreement and a document prepared and used by the county or a public |
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employer in connection with the proposed agreement are available to |
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the public under Chapter 552, Government Code, only after the |
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agreement is ratified by the commissioners court of the county. |
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(b) This section does not affect the application of |
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Subchapter C, Chapter 552, Government Code, to a document prepared |
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and used in connection with the agreement. |
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Sec. 161.009. RATIFICATION AND ENFORCEABILITY OF |
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AGREEMENT. (a) A meet and confer agreement under this chapter is |
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enforceable and binding on the county, the sheriff, the applicable |
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recognized association, and the deputy sheriffs covered by the |
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agreement only if: |
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(1) the commissioners court of the county ratified the |
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agreement by a majority vote; and |
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(2) the applicable recognized association ratified |
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the agreement by conducting a secret ballot election at which the |
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deputy sheriffs that were represented by the association were |
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eligible to vote, and a majority of the votes cast at the election |
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favored ratifying the agreement. |
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(b) A state district court of a judicial district in which |
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the county is located has jurisdiction to hear and resolve a dispute |
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under the ratified 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. 161.010. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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(a) A written meet and confer agreement ratified under this chapter |
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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, local ordinances, executive |
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orders, civil service provisions, or rules adopted by the sheriff |
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or the county, or by a division or agent of the sheriff or the |
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county, such as a personnel board or a civil service commission. |
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(b) A meet and confer agreement ratified under this chapter |
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may not diminish or qualify any right, benefit, or privilege of a |
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deputy sheriff under this chapter or other law unless approved by a |
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majority of the votes received in a secret ballot referendum of the |
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members of the recognized association. |
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Sec. 161.011. PROTECTED RIGHTS. (a) For any disciplinary |
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appeal, a covered deputy sheriff may be represented by a recognized |
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association or by any person chosen by the deputy sheriff. |
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(b) A meet and confer agreement ratified under this chapter |
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may not interfere with the right of a covered deputy sheriff to |
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pursue allegations of discrimination based on race, creed, color, |
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national origin, religion, age, sex, or disability with the Texas |
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Workforce Commission civil rights division or the federal Equal |
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Employment Opportunity Commission or to pursue affirmative action |
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litigation. |
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Sec. 161.012. ELECTION TO REPEAL AGREEMENT. (a) Not later |
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than the 45th day after the date a meet and confer agreement is |
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ratified by the commissioners court and a recognized association, a |
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petition calling for the repeal of the agreement signed by at least |
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10 percent of the registered voters residing in the county may be |
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presented to the commissioners court. |
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(b) If a petition is presented under Subsection (a), the |
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commissioners court shall order an election by the voters in the |
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county to determine whether to repeal the meet and confer |
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agreement. |
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(c) An election ordered under Subsection (b) shall be held |
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as part of the next regularly scheduled general election for the |
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county for which there remains sufficient time to add the question |
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to the ballot. The ballot shall be printed to provide for voting |
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for or against the proposition: "Repeal the meet and confer |
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agreement ratified on _____ (date agreement was ratified) by the |
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commissioners court and __________ (name of the association) |
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concerning wages, salaries, rates of pay, hours of work, and other |
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terms of employment of certain county deputy sheriffs." |
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(d) If a majority of the votes cast at the election favor the |
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repeal of the meet and confer agreement, the agreement is void. |
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SECTION 2. This Act takes effect September 1, 2007. |