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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of certain hospital districts to maintain |
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local control over wages, hours, and other terms and conditions of |
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employment. |
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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 163 to read as follows: |
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CHAPTER 163. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN |
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HOSPITAL DISTRICTS |
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Sec. 163.001. APPLICABILITY. This chapter applies only to |
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a hospital district whose boundaries are coextensive with a county |
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with a population of more than three million. |
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Sec. 163.002. DEFINITIONS. In this chapter: |
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(1) "Covered employee" means an employee of a hospital |
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district. |
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(2) "Employee association" means an organization in |
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which employees of a hospital district participate and that exists |
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for the purpose, wholly or partly, of dealing with one or more |
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employers, whether public or private, concerning grievances, labor |
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disputes, wages, rates of pay, hours of employment, or conditions |
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of work affecting public employees and whose members pay dues by |
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means of an automatic payroll deduction. |
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(3) "Public employer" means any hospital district |
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required to establish the wages, salaries, rates of pay, hours, |
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working conditions, and other terms and conditions of employment of |
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public employees. |
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Sec. 163.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND |
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RECOGNITION. (a) A hospital district may not be denied local |
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control over wages, salaries, rates of pay, hours of work, other |
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terms and conditions of employment, or other state-mandated |
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personnel issues. A public employer may enter into a mutual |
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agreement governing these issues with an employee association |
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recognized under this chapter as the sole and exclusive bargaining |
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agent for all covered employees that does not advocate the illegal |
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right to strike by covered employees. The applicable statutes, |
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local orders or ordinances, and civil service rules govern a term or |
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condition of employment on which the public employer and the |
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association do not agree. |
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(b) An agreement under this chapter must be written. |
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(c) This chapter does not require the public employer and |
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the recognized employee association to meet and confer or reach an |
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agreement on any issue. |
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(d) This chapter does not authorize an agreement regarding |
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pension or pension-related matters governed by Subtitle F, Title 8, |
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Government Code. |
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Sec. 163.004. PETITION FOR RECOGNITION: ELECTION OR ACTION |
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BY BOARD. (a) Not later than the 30th day after the date the board |
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of hospital managers of a hospital district receives from an |
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employee association a petition signed by the majority of all |
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covered employees of the hospital district that requests |
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recognition of the association as the sole and exclusive bargaining |
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agent for all the covered employees of that employer, the board |
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shall: |
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(1) grant recognition of the association as requested |
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in the petition and find that a public employer may meet and confer |
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under this chapter without conducting an election by the voters in |
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the district under Section 163.006; |
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(2) defer granting recognition of the association and |
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order an election by the voters in the district under Section |
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163.006 regarding whether a public employer may meet and confer |
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under this chapter; or |
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(3) order a certification election under Section |
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163.005 to determine whether the association represents a majority |
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of the covered employees of the district. |
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(b) If the board of hospital managers of a hospital district |
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orders a certification election under Subsection (a)(3) and the |
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association named in the petition is certified to represent a |
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majority of the covered employees, the board shall, not later than |
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the 30th day after the date that results of that election are |
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certified: |
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(1) grant recognition of the association as requested |
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in the petition for recognition and find that a public employer may |
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meet and confer under this chapter without conducting an election |
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by the voters in the district under Section 163.006; or |
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(2) defer granting recognition of the association and |
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order an election by the voters in the district under Section |
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163.006 regarding whether a public employer may meet and confer |
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under this chapter. |
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Sec. 163.005. CERTIFICATION ELECTION. (a) Except as |
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provided by Subsection (b), a certification election ordered under |
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Section 163.004(a)(3) to determine whether an employee association |
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represents a majority of the covered employees shall be conducted |
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according to procedures agreeable to the 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) The results of an election shall be certified if the |
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employee association receives a majority of valid votes cast in the |
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election. |
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(d) Certification of the results of an election under this |
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section resolves the question concerning representation. |
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(e) The association is liable for the expenses of the |
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certification election, except that if two or more associations |
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seeking recognition as the sole and exclusive bargaining agent |
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submit a petition signed by at least 30 percent of the employees |
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eligible to sign the petition for recognition, all the associations |
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named in any petition shall share equally the costs of the election. |
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Sec. 163.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS |
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CHAPTER. (a) The board of hospital managers of a hospital district |
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that receives a petition for recognition under Section 163.004 may |
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order an election to determine whether a public employer may meet |
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and confer under this chapter. |
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(b) An election ordered under this section must be held as |
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part of the next regularly scheduled general election for county |
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officers that is held after the date the board of hospital managers |
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orders the election and that allows sufficient time to prepare the |
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ballot in compliance with other requirements of law. |
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(c) The ballot for an election ordered under this section |
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shall be printed to permit voting for or against the proposition: |
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"Authorizing __________ (name of the hospital district) to operate |
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under the state law allowing a hospital district to meet and confer |
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and make agreements with the association representing employees of |
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the hospital district as provided by state law, preserving the |
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prohibition against strikes and organized work stoppages, and |
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providing penalties for strikes and organized work stoppages." |
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(d) An election called under this section must be held and |
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the returns prepared and canvassed in conformity with the Election |
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Code. |
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(e) If an election authorized under this section is held, |
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the hospital district may operate under the other provisions of |
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this chapter only if a majority of the votes cast at the election |
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favor the proposition. |
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(f) If an election authorized under this section is held, an |
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association may not submit a petition for recognition to the board |
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of hospital managers of the hospital district under Section 163.004 |
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before the second anniversary of the date of the election. |
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Sec. 163.007. CHANGE OR MODIFICATION OF RECOGNITION. (a) |
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The covered employees may modify or change the recognition of the |
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employee association granted under this chapter by filing with the |
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board of hospital managers of the hospital district a petition |
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signed by a majority of all covered employees. |
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(b) The board of hospital managers of the hospital district |
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may: |
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(1) recognize the change or modification as provided |
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by the petition; or |
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(2) order a certification election in accordance with |
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Section 163.005 regarding whether to do so. |
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Sec. 163.008. STRIKES PROHIBITED. (a) A covered employee |
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may not engage in a strike or organized work stoppage against this |
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state or the hospital district. |
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(b) A covered employee 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 employee may have as a result of the |
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employee's employment or prior employment with the hospital |
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district. |
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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. 163.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A |
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public employer that chooses to meet and confer under this chapter |
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shall recognize an association that is recognized under Section |
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163.004 or 163.005 as the sole and exclusive bargaining agent for |
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the covered employees of that employer. |
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(b) The public employer shall recognize the employee |
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association until recognition of the association is withdrawn, in |
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accordance with Section 163.007, by a majority of the covered |
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employees eligible to sign a petition for recognition. |
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Sec. 163.010. SELECTION OF BARGAINING AGENT; BARGAINING |
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UNIT. (a) The public employer's chief executive officer or the |
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chief executive officer's designee shall select one or more persons |
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to represent the public employer as its sole and exclusive |
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bargaining agent to meet and confer on issues related to the wages, |
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hours of employment, and other terms and conditions of employment |
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of covered employees. |
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(b) An employee association may designate one or more |
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persons to negotiate or bargain on the association's behalf. |
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(c) A hospital district's bargaining unit is composed of all |
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the covered employees of the hospital district. |
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Sec. 163.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and |
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confer agreement ratified under this chapter may not interfere with |
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the right of a member of a bargaining unit to pursue allegations of |
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discrimination based on race, creed, color, national origin, |
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religion, age, sex, or disability with the Texas Workforce |
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Commission civil rights division or the federal Equal Employment |
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Opportunity Commission or to pursue affirmative action litigation. |
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Sec. 163.012. OPEN RECORDS. (a) A proposed meet and confer |
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agreement and a document prepared and used by the hospital district |
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in connection with the proposed agreement are available to the |
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public under Chapter 552, Government Code, only after the agreement |
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is ready to be ratified by the board of hospital managers of the |
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hospital district. |
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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. 163.013. OPEN DELIBERATIONS. (a) Deliberations |
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relating to a meet and confer agreement or proposed agreement under |
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this chapter between representatives of the hospital district and |
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representatives of the employee association recognized under this |
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chapter as the sole and exclusive bargaining agent for the covered |
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employees must be open to the public and comply with state law. |
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(b) Subsection (a) may not be construed to prohibit the |
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representatives of the hospital district or the representatives of |
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the recognized employee association from conducting private |
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caucuses that are not open to the public during meet and confer |
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negotiations. |
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Sec. 163.014. RATIFICATION AND ENFORCEABILITY OF |
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AGREEMENT. (a) An agreement under this chapter is enforceable and |
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binding on the hospital district, the recognized employee |
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association, and the employees covered by the meet and confer |
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agreement only if: |
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(1) the board of hospital managers of the hospital |
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district ratified the agreement by a majority vote; and |
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(2) the recognized employee association ratified the |
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agreement by conducting a secret ballot election at which the |
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majority of the covered employees who are members of the |
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association favored ratifying the agreement. |
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(b) A meet and confer agreement ratified as described by |
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Subsection (a) may establish a procedure by which the parties agree |
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to resolve disputes related to a right, duty, or obligation |
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provided by the agreement, including binding arbitration on a |
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question involving interpretation of the agreement. |
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(c) A state district court of a judicial district in which |
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the hospital district is located has jurisdiction to hear and |
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resolve a dispute under the ratified meet and confer agreement on |
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the application of a party to the agreement aggrieved by an action |
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or omission of the other party when the action or omission is |
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related to a right, duty, or obligation provided by the agreement. |
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The court may issue proper restraining orders, temporary and |
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permanent injunctions, or any other writ, order, or process, |
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including contempt orders, that are appropriate to enforcing the |
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agreement. |
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Sec. 163.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO |
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OPERATE UNDER THIS CHAPTER. (a) The board of hospital managers of |
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a hospital district that granted recognition of an employee |
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association under Section 163.004 without conducting an election |
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under Section 163.006 may withdraw recognition of the association |
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by providing to the association not less than 90 days' written |
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notice that: |
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(1) the board is withdrawing recognition of the |
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association; and |
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(2) any agreement between the board and the |
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association will not be renewed. |
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(b) The board of hospital managers of a hospital district |
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that granted recognition of an employee association after |
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conducting an election under Section 163.006 may order an election |
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to determine whether a public employer may continue to meet and |
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confer under this chapter. The board may not order an election |
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under this subsection until the second anniversary of the date of |
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the election under Section 163.006. |
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(c) An election ordered under Subsection (b) must be held as |
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part of the next regularly scheduled general election for county |
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officers that occurs after the date the board of hospital managers |
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of the hospital district orders the election and that allows |
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sufficient time to prepare the ballot in compliance with other |
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requirements of law. |
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(d) The ballot for an election ordered under Subsection (b) |
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shall be printed to permit voting for or against the proposition: |
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"Authorizing __________ (name of the hospital district) to continue |
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to operate under the state law allowing a hospital district to meet |
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and confer and make agreements with the association representing |
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employees of a hospital district as provided by state law, |
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preserving the prohibition against strikes and organized work |
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stoppages, and providing penalties for strikes and organized work |
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stoppages." |
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(e) An election ordered under Subsection (b) must be held |
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and the returns prepared and canvassed in conformity with the |
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Election Code. |
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(f) If an election ordered under Subsection (b) is held, the |
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hospital district may continue to operate under this chapter only |
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if a majority of the votes cast at the election favor the |
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proposition. |
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(g) If an election ordered under Subsection (b) is held, an |
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association may not submit a petition for recognition to the board |
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of hospital managers of the hospital district under Section 163.004 |
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before the second anniversary of the date of the election. |
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Sec. 163.016. 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 board of hospital managers of the hospital district |
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and the recognized employee association, a petition calling for the |
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repeal of the agreement signed by at least 10 percent of the |
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qualified voters residing in the district may be presented to the |
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person charged with ordering an election under Section 3.004, |
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Election Code. |
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(b) If a petition is presented under Subsection (a), the |
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board of hospital managers of the hospital district shall: |
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(1) repeal the meet and confer agreement; or |
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(2) certify that it is not repealing the agreement and |
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call an election to determine whether to repeal the agreement. |
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(c) An election called under Subsection (b)(2) may be held |
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as part of the next regularly scheduled general election for the |
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county in which the hospital district is located or at a special |
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election called by the board of hospital managers of the hospital |
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district for that purpose. The ballot shall be printed to permit |
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voting 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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__________ (name of the board of hospital managers of the hospital |
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district) and the _____ (name of the recognized employee |
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association) concerning wages, salaries, rates of pay, hours of |
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work, and other terms of employment." |
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(d) If a majority of the votes cast at the election favor the |
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repeal of the agreement, the agreement is void. |
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Sec. 163.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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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 orders or ordinances, |
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executive orders, civil service provisions, or rules adopted by |
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this state or a political subdivision or agent of this state, |
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including a civil service commission, county, or hospital district, |
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other than a statute, order, ordinance, executive order, civil |
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service provision, or rule regarding pensions or pension-related |
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matters. |
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SECTION 2. This Act takes effect September 1, 2009. |