80R7991 EJI-D

By: Gallegos S.B. No. 1925

A BILL TO BE ENTITLED

AN ACT

relating to conditions of employment for deputy sheriffs employed by sheriff's departments in certain counties.

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

SECTION 1. Subtitle B, Title 5, Local Government Code, is amended by adding Chapter 161 to read as follows: CHAPTER 161. LOCAL CONTROL OF DEPUTY SHERIFF EMPLOYMENT MATTERS IN CERTAIN COUNTIES

Sec. 161.001. APPLICABILITY. (a) Except as provided by Subsection (b), this chapter applies only to a sheriff's department in a county with a population of three million or more that employs deputy sheriffs.

(b) This chapter does not apply to a sheriff's department in a county that has adopted Chapter 174.

Sec. 161.002. DEFINITIONS. In this chapter:

(1) "Association" means an employee organization in which deputy sheriffs employed by a sheriff's department in a county participate and that exists for the purpose, in whole or in part, of dealing with the county or the head of any law enforcement agency of the county concerning grievances, labor disputes, wages, rates of pay, hours of work, or conditions of work affecting deputy sheriffs.

(2) "Deputy sheriff" means a person who is a peace officer under Article 2.12(1), Code of Criminal Procedure, and who is employed by a sheriff's department in a county to which this chapter applies.

(3) "Public employer" means a county or any law enforcement agency of the county that is required to establish the wages, salaries, rates of pay, hours of work, working conditions, and other terms and conditions of employment of deputy sheriffs employed by the county.

Sec. 161.003. PETITION FOR RECOGNITION: ELECTION OR ACTION BY COUNTY COMMISSIONERS. (a) Not later than the 30th day after the date the commissioners court of a county receives a petition signed by the majority of all deputy sheriffs, excluding the head of any law enforcement agency for the county and the employees exempt under Section 161.006(b), requesting recognition of an association or associations as the exclusive bargaining agent for the nonexempt deputy sheriffs as described by Subsection (b), the commissioners court shall:

(1) grant recognition of the association or associations as requested in the petition and find that the public employers may meet and confer under this chapter; or

(2) order a certification election under Section 161.004 to determine whether the association or associations represent a majority of the affected deputy sheriffs.

(b) The petition described by Subsection (a) must state whether the petitioners request recognition of:

(1) one association to represent all deputy sheriffs employed by the county, excluding the head of any law enforcement agency and the deputy sheriffs exempt under Section 161.006(b); or

(2) more than one association to represent certain deputy sheriffs employed by any county law enforcement agency in a law enforcement position, excluding the head of any law enforcement agency and the deputy sheriffs exempt under Section 161.006(b).

(c) If the commissioners court orders a certification election under Subsection (a)(2) and the association or associations named in the petition are certified to represent a majority of the affected deputy sheriffs, the court shall, not later than the 30th day after the date that results of that election are certified, grant recognition of the association or associations as requested in the petition for recognition and find that a public employer may meet and confer under this chapter.

Sec. 161.004. CERTIFICATION ELECTION. (a) Except as provided by Subsection (b), a certification election ordered under Section 161.003(a)(2) to determine whether an association or associations represent a majority of the covered deputy sheriffs shall be conducted according to procedures agreeable to the parties.

(b) If the parties are unable to agree on procedures for the certification election, either party may request the American Arbitration Association to conduct the election and to certify the results of the election.

(c) Certification of the results of an election under this section resolves the question concerning representation.

(d) The association or associations named in the petition are liable for the expenses of the certification election, except that if one or more other associations seeking recognition as the exclusive bargaining agent submit a petition signed by a majority of the affected deputy sheriffs eligible to sign the petition for recognition, all associations named in any petition shall share equally the costs of the election.

Sec. 161.005. STRIKES PROHIBITED. (a) A deputy sheriff may not engage in a strike or organized work stoppage against this state or the county.

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

(c) This section does not affect the right of a deputy sheriff to cease work if the deputy sheriff is not acting in concert with others in an organized work stoppage.

Sec. 161.006. RECOGNITION OF ASSOCIATION BY PUBLIC EMPLOYER. (a) A public employer in a county that chooses to meet and confer under this chapter shall recognize an association that is recognized under Section 161.003 or 161.004 as the exclusive bargaining agent for the covered deputy sheriffs under this chapter. The covered deputy sheriffs are the deputy sheriffs described in the applicable petition for recognition, but the covered deputy sheriffs do not include the head of any law enforcement agency or the employees exempt under Subsection (b).

(b) For the purposes of Subsection (a), exempt employees are the sheriff and the deputy sheriffs that the sheriff designates as exempt in the manner prescribed by Subchapter B, Chapter 158, if the sheriff's department is operating under that subchapter, or that are exempt by the mutual agreement of the recognized association and the sheriff.

(c) The public employer shall recognize the association until recognition of the association is withdrawn by a majority of the deputy sheriffs eligible to sign a petition for recognition.

Sec. 161.007. GENERAL PROVISIONS RELATING TO AGREEMENTS. (a) A county may not be denied local control over the wages, salaries, rates of pay, hours of work, or other terms and conditions of employment to the extent a public employer that is a party to the agreement and an association recognized as an exclusive bargaining agent agree as provided by this chapter, if the agreement is ratified and not repealed under this chapter. Applicable statutes and applicable local orders, ordinances, and civil service rules apply to an issue not governed by the agreement.

(b) A meet and confer agreement under this chapter must be written.

(c) This chapter does not require a public employer or a recognized association to meet and confer on any issue or reach an agreement.

(d) A public employer and a recognized association may meet and confer only if the association does not advocate an illegal strike by public employees.

Sec. 161.008. OPEN RECORDS. (a) A proposed meet and confer agreement and a document prepared and used by the county or a public employer in connection with the proposed agreement are available to the public under Chapter 552, Government Code, only after the agreement is ratified by the commissioners court of the county.

(b) This section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used in connection with the agreement.

Sec. 161.009. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a) A meet and confer agreement under this chapter is enforceable and binding on the county, the sheriff, the applicable recognized association, and the deputy sheriffs covered by the agreement only if:

(1) the commissioners court of the county ratified the agreement by a majority vote; and

(2) the applicable recognized association ratified the agreement by conducting a secret ballot election at which the deputy sheriffs that were represented by the association were eligible to vote, and a majority of the votes cast at the election favored ratifying the agreement.

(b) A state district court of a judicial district in which the county is located has jurisdiction to hear and resolve a dispute under the ratified 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. 161.010. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) 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, local ordinances, executive orders, civil service provisions, or rules adopted by the sheriff or the county, or by a division or agent of the sheriff or the county, such as a personnel board or a civil service commission.

(b) A meet and confer agreement ratified under this chapter may not diminish or qualify any right, benefit, or privilege of a deputy sheriff under this chapter or other law unless approved by a majority of the votes received in a secret ballot referendum of the members of the recognized association.

Sec. 161.011. PROTECTED RIGHTS. (a) For any disciplinary appeal, a covered deputy sheriff may be represented by a recognized association or by any person chosen by the deputy sheriff.

(b) A meet and confer agreement ratified under this chapter may not interfere with the right of a covered deputy sheriff to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission or to pursue affirmative action litigation.

Sec. 161.012. ELECTION TO REPEAL AGREEMENT. (a) Not later than the 45th day after the date a meet and confer agreement is ratified by the commissioners court and a recognized association, a petition calling for the repeal of the agreement signed by at least 10 percent of the registered voters residing in the county may be presented to the commissioners court.

(b) If a petition is presented under Subsection (a), the commissioners court shall order an election by the voters in the county to determine whether to repeal the meet and confer agreement.

(c) An election ordered under Subsection (b) shall be held as part of the next regularly scheduled general election for the county for which there remains sufficient time to add the question to the ballot. The ballot shall be printed to provide for voting for or against the proposition: "Repeal the meet and confer agreement ratified on _____ (date agreement was ratified) by the commissioners court and __________ (name of the association) concerning wages, salaries, rates of pay, hours of work, and other terms of employment of certain county deputy sheriffs."

(d) If a majority of the votes cast at the election favor the repeal of the meet and confer agreement, the agreement is void.

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