81R6116 SLB-F

By: Davis of Dallas H.B. No. 2673

A BILL TO BE ENTITLED

AN ACT

relating to conditions of employment for an employee of certain sheriff's departments.

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

SECTION 1. Chapter 158, Local Government Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. LOCAL CONTROL OF SHERIFF'S DEPARTMENT

EMPLOYMENT MATTERS

Sec. 158.071. APPLICABILITY. This subchapter applies only to a county that has adopted Subchapter B and has not adopted Chapter 174.

Sec. 158.072. DEFINITIONS. In this subchapter:

(1) "Association" means an organization in which employees of the sheriff's department participate and that exists for the purpose, in whole or in part, of dealing with the county concerning grievances, labor disputes, wages, rates of pay, hours of work, or conditions of work affecting the employees.

(2) "Public employer" means a sheriff's department, a county, or an agency, board, commission, or political subdivision controlled by a 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 the employees.

Sec. 158.073. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES. (a) A county may not be denied local control over the wages, salaries, rates of pay, hours of work, other terms and conditions of employment, or other state-mandated personnel issues, to the extent the public employer and the association recognized as the sole and exclusive bargaining agent under Section 158.074 agree as provided by this subchapter. Applicable statutes and applicable local orders, ordinances, and civil service rules and regulations apply to an issue not governed by the agreement.

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

(c) A public employer and the recognized association may meet and confer only if the association does not advocate the illegal right to strike by public employees.

(d) An employee of a sheriff's department may not engage in a strike or organized work stoppage against this state or a political subdivision of this state. An 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 person's employment or prior employment with the sheriff's department. This subsection 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. 158.074. RECOGNITION OF ASSOCIATION. (a) In a county that chooses to meet and confer under this subchapter, the public employer shall recognize an association submitting a petition for recognition signed by a majority of the employees of the sheriff's department, excluding the sheriff and persons the sheriff may designate as exempt from a civil service system under Section 158.038, as the sole and exclusive bargaining agent for all of the employees of the sheriff's department, excluding the sheriff and persons the sheriff may designate as exempt under Section 158.038, until recognition of the association is withdrawn by a majority of the employees eligible to sign a petition for recognition.

(b) Whether an association represents a majority of the covered employees shall be resolved by a fair election conducted according to procedures agreeable to the parties. If the parties are unable to agree on election procedures, either party may request the American Arbitration Association to conduct the election and to certify the results. Certification of the results of an election under this subsection resolves the question concerning representation. The association is liable for the expenses of the election, except that if two or more associations seeking recognition as the sole and exclusive bargaining agent submit petitions signed by a majority of the employees eligible to sign the petition, the associations shall share equally the costs of the election.

Sec. 158.075. OPEN RECORDS. (a) A proposed agreement and a document prepared and used by the sheriff's department 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.

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

Sec. 158.076. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a) An agreement under this subchapter is enforceable and binding on the public employer, the recognized association, and employees covered by the agreement only if:

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

(2) the recognized association ratified the agreement by conducting a secret ballot election at which only the employees of the county in 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 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 enforce the agreement.

Sec. 158.077. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. A written agreement ratified under this subchapter 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 county or a division or agent of the sheriff or county, such as a personnel board or a civil service commission.

Sec. 158.078. REPEAL OF AGREEMENT BY ELECTORATE. (a) Not later than the 45th day after the date an agreement is ratified by both the county and the association, a petition signed by a number of qualified voters equal to 10 percent of the votes cast in the county in the most recent general election may be presented to the county clerk calling an election for the repeal of the agreement.

(b) On receipt of the petition by the county clerk under Subsection (a), the commissioners court shall reconsider the agreement and either repeal the agreement or call an election of the qualified voters to determine if they desire to repeal the agreement. The election shall be called for the next general election or a special election called by the county commissioners for that purpose. If at the election a majority of the votes are cast in favor of the repeal of the adoption of the agreement, the agreement is void.

(c) The ballot for an election under this section shall be printed to permit voting for or against the proposition: "Repeal of the adoption of the agreement ratified by the county and the sheriff's department association concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of employment."

Sec. 158.079. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a) For the purpose of any disciplinary appeal to the civil service commission or to a hearing examiner, a member of the association may choose to be represented by any person of the member's choice or by the association.

(b) An agreement under this subchapter may not interfere with the right of a member of the association 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.

SECTION 2. This Act takes effect September 1, 2009.