81R8964 JSC-D
 
  By: Coleman H.B. No. 4298
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of certain hospital districts to maintain
  local control over wages, hours, and other terms and conditions of
  employment.
         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 163 to read as follows:
  CHAPTER 163. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN
  HOSPITAL DISTRICTS
         Sec. 163.001.  APPLICABILITY.  This chapter applies only to
  a hospital district whose boundaries are coextensive with a county
  with a population of more than three million.
         Sec. 163.002.  DEFINITIONS.  In this chapter:
               (1)  "Covered employee" means an employee of a hospital
  district.
               (2)  "Employee association" means an organization in
  which employees of a hospital district participate and that exists
  for the purpose, wholly or partly, of dealing with one or more
  employers, whether public or private, concerning grievances, labor
  disputes, wages, rates of pay, hours of employment, or conditions
  of work affecting public employees and whose members pay dues by
  means of an automatic payroll deduction.
               (3)  "Public employer" means any hospital district
  required to establish the wages, salaries, rates of pay, hours,
  working conditions, and other terms and conditions of employment of
  public employees.
         Sec. 163.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS AND
  RECOGNITION.  (a)  A hospital district may not be denied local
  control over wages, salaries, rates of pay, hours of work, other
  terms and conditions of employment, or other state-mandated
  personnel issues. A public employer may enter into a mutual
  agreement governing these issues with an employee association
  recognized under this chapter as the sole and exclusive bargaining
  agent for all covered employees that does not advocate the illegal
  right to strike by covered employees.  The applicable statutes,
  local orders or ordinances, and civil service rules govern a term or
  condition of employment on which the public employer and the
  association do not agree.
         (b)  An agreement under this chapter must be written.
         (c)  This chapter does not require the public employer and
  the recognized employee association to meet and confer or reach an
  agreement on any issue.
         (d)  This chapter does not authorize an agreement regarding
  pension or pension-related matters governed by Subtitle F, Title 8,
  Government Code.
         Sec. 163.004.  PETITION FOR RECOGNITION:  ELECTION OR ACTION
  BY BOARD.  (a)  Not later than the 30th day after the date the board
  of hospital managers of a hospital district receives from an
  employee association a petition signed by the majority of all
  covered employees of the hospital district that requests
  recognition of the association as the sole and exclusive bargaining
  agent for all the covered employees of that employer, the board
  shall:
               (1)  grant recognition of the association as requested
  in the petition and find that a public employer may meet and confer
  under this chapter without conducting an election by the voters in
  the district under Section 163.006;
               (2)  defer granting recognition of the association and
  order an election by the voters in the district under Section
  163.006 regarding whether a public employer may meet and confer
  under this chapter;  or
               (3)  order a certification election under Section
  163.005 to determine whether the association represents a majority
  of the covered employees of the district.
         (b)  If the board of hospital managers of a hospital district
  orders a certification election under Subsection (a)(3) and the
  association named in the petition is certified to represent a
  majority of the covered employees, the board shall, not later than
  the 30th day after the date that results of that election are
  certified:
               (1)  grant recognition of the association as requested
  in the petition for recognition and find that a public employer may
  meet and confer under this chapter without conducting an election
  by the voters in the district under Section 163.006; or
               (2)  defer granting recognition of the association and
  order an election by the voters in the district under Section
  163.006 regarding whether a public employer may meet and confer
  under this chapter.
         Sec. 163.005.  CERTIFICATION ELECTION.  (a)  Except as
  provided by Subsection (b), a certification election ordered under
  Section 163.004(a)(3) to determine whether an employee association
  represents a majority of the covered employees 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)  The results of an election shall be certified if the
  employee association receives a majority of valid votes cast in the
  election.
         (d)  Certification of the results of an election under this
  section resolves the question concerning representation.
         (e)  The association is liable for the expenses of the
  certification election, except that if two or more associations
  seeking recognition as the sole and exclusive bargaining agent
  submit a petition signed by at least 30 percent of the employees
  eligible to sign the petition for recognition, all the associations
  named in any petition shall share equally the costs of the election.
         Sec. 163.006.  ELECTION TO AUTHORIZE OPERATING UNDER THIS
  CHAPTER. (a)  The board of hospital managers of a hospital district
  that receives a petition for recognition under Section 163.004 may
  order an election to determine whether a public employer may meet
  and confer under this chapter.
         (b)  An election ordered under this section must be held as
  part of the next regularly scheduled general election for county
  officers that is held after the date the board of hospital managers
  orders the election and that allows sufficient time to prepare the
  ballot in compliance with other requirements of law.
         (c)  The ballot for an election ordered under this section
  shall be printed to permit voting for or against the proposition:  
  "Authorizing __________ (name of the hospital district) to operate
  under the state law allowing a hospital district to meet and confer
  and make agreements with the association representing employees of
  the hospital district as provided by state law, preserving the
  prohibition against strikes and organized work stoppages, and
  providing penalties for strikes and organized work stoppages."
         (d)  An election called under this section must be held and
  the returns prepared and canvassed in conformity with the Election
  Code.
         (e)  If an election authorized under this section is held,
  the hospital district may operate under the other provisions of
  this chapter only if a majority of the votes cast at the election
  favor the proposition.
         (f)  If an election authorized under this section is held, an
  association may not submit a petition for recognition to the board
  of hospital managers of the hospital district under Section 163.004
  before the second anniversary of the date of the election.
         Sec. 163.007.  CHANGE OR MODIFICATION OF RECOGNITION.  (a)  
  The covered employees may modify or change the recognition of the
  employee association granted under this chapter by filing with the
  board of hospital managers of the hospital district a petition
  signed by a majority of all covered employees.
         (b)  The board of hospital managers of the hospital district
  may:
               (1)  recognize the change or modification as provided
  by the petition; or
               (2)  order a certification election in accordance with
  Section 163.005 regarding whether to do so.
         Sec. 163.008.  STRIKES PROHIBITED.  (a)  A covered employee
  may not engage in a strike or organized work stoppage against this
  state or the hospital district.
         (b)  A covered 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
  employee's employment or prior employment with the hospital
  district.
         (c)  This section 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. 163.009.  RECOGNITION OF EMPLOYEE ASSOCIATION.  (a)  A
  public employer that chooses to meet and confer under this chapter
  shall recognize an association that is recognized under Section
  163.004 or 163.005 as the sole and exclusive bargaining agent for
  the covered employees of that employer.
         (b)  The public employer shall recognize the employee
  association until recognition of the association is withdrawn, in
  accordance with Section 163.007, by a majority of the covered
  employees eligible to sign a petition for recognition.
         Sec. 163.010.  SELECTION OF BARGAINING AGENT; BARGAINING
  UNIT.  (a)  The public employer's chief executive officer or the
  chief executive officer's designee shall select one or more persons
  to represent the public employer as its sole and exclusive
  bargaining agent to meet and confer on issues related to the wages,
  hours of employment, and other terms and conditions of employment
  of covered employees.
         (b)  An employee association may designate one or more
  persons to negotiate or bargain on the association's behalf.
         (c)  A hospital district's bargaining unit is composed of all
  the covered employees of the hospital district.
         Sec. 163.011.  PROTECTED RIGHTS OF EMPLOYEES.  A meet and
  confer agreement ratified under this chapter may not interfere with
  the right of a member of a bargaining unit 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. 163.012.  OPEN RECORDS.  (a) A proposed meet and confer
  agreement and a document prepared and used by the hospital district
  in connection with the proposed agreement are available to the
  public under Chapter 552, Government Code, only after the agreement
  is ready to be ratified by the board of hospital managers of the
  hospital district.
         (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. 163.013.  OPEN DELIBERATIONS.  (a)  Deliberations
  relating to a meet and confer agreement or proposed agreement under
  this chapter between representatives of the hospital district and
  representatives of the employee association recognized under this
  chapter as the sole and exclusive bargaining agent for the covered
  employees must be open to the public and comply with state law.
         (b)  Subsection (a) may not be construed to prohibit the
  representatives of the hospital district or the representatives of
  the recognized employee association from conducting private
  caucuses that are not open to the public during meet and confer
  negotiations.
         Sec. 163.014.  RATIFICATION AND ENFORCEABILITY OF
  AGREEMENT.  (a) An agreement under this chapter is enforceable and
  binding on the hospital district, the recognized employee
  association, and the employees covered by the meet and confer
  agreement only if:
               (1)  the board of hospital managers of the hospital
  district ratified the agreement by a majority vote; and
               (2)  the recognized employee association ratified the
  agreement by conducting a secret ballot election at which the
  majority of the covered employees who are members of the
  association favored ratifying the agreement.
         (b)  A meet and confer agreement ratified as described by
  Subsection (a) may establish a procedure by which the parties agree
  to resolve disputes related to a right, duty, or obligation
  provided by the agreement, including binding arbitration on a
  question involving interpretation of the agreement.
         (c)  A state district court of a judicial district in which
  the hospital district 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. 163.015.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
  OPERATE UNDER THIS CHAPTER.  (a) The board of hospital managers of
  a hospital district that granted recognition of an employee
  association under Section 163.004 without conducting an election
  under Section 163.006 may withdraw recognition of the association
  by providing to the association not less than 90 days' written
  notice that:
               (1)  the board is withdrawing recognition of the
  association; and
               (2)  any agreement between the board and the
  association will not be renewed.
         (b)  The board of hospital managers of a hospital district
  that granted recognition of an employee association after
  conducting an election under Section 163.006 may order an election
  to determine whether a public employer may continue to meet and
  confer under this chapter. The board may not order an election
  under this subsection until the second anniversary of the date of
  the election under Section 163.006.
         (c)  An election ordered under Subsection (b) must be held as
  part of the next regularly scheduled general election for county
  officers that occurs after the date the board of hospital managers
  of the hospital district orders the election and that allows
  sufficient time to prepare the ballot in compliance with other
  requirements of law.
         (d)  The ballot for an election ordered under Subsection (b)
  shall be printed to permit voting for or against the proposition:
  "Authorizing __________ (name of the hospital district) to continue
  to operate under the state law allowing a hospital district to meet
  and confer and make agreements with the association representing
  employees of a hospital district as provided by state law,
  preserving the prohibition against strikes and organized work
  stoppages, and providing penalties for strikes and organized work
  stoppages."
         (e)  An election ordered under Subsection (b) must be held
  and the returns prepared and canvassed in conformity with the
  Election Code.
         (f)  If an election ordered under Subsection (b) is held, the
  hospital district may continue to operate under this chapter only
  if a majority of the votes cast at the election favor the
  proposition.
         (g)  If an election ordered under Subsection (b) is held, an
  association may not submit a petition for recognition to the board
  of hospital managers of the hospital district under Section 163.004
  before the second anniversary of the date of the election.
         Sec. 163.016.  ELECTION TO REPEAL AGREEMENT.  (a) Not later
  than the 45th day after the date a meet and confer agreement is
  ratified by the board of hospital managers of the hospital district
  and the recognized employee association, a petition calling for the
  repeal of the agreement signed by at least 10 percent of the
  qualified voters residing in the district may be presented to the
  person charged with ordering an election under Section 3.004,
  Election Code.
         (b)  If a petition is presented under Subsection (a), the
  board of hospital managers of the hospital district shall:
               (1)  repeal the meet and confer agreement; or
               (2)  certify that it is not repealing the agreement and
  call an election to determine whether to repeal the agreement.
         (c)  An election called under Subsection (b)(2) may be held
  as part of the next regularly scheduled general election for the
  county in which the hospital district is located or at a special
  election called by the board of hospital managers of the hospital
  district for that purpose. The ballot shall be printed to permit
  voting for or against the proposition:  "Repeal the meet and confer
  agreement ratified on _____ (date agreement was ratified) by the
  __________ (name of the board of hospital managers of the hospital
  district) and the _____ (name of the recognized employee
  association) concerning wages, salaries, rates of pay, hours of
  work, and other terms of employment."
         (d)  If a majority of the votes cast at the election favor the
  repeal of the agreement, the agreement is void.
         Sec. 163.017.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
  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 orders or ordinances,
  executive orders, civil service provisions, or rules adopted by
  this state or a political subdivision or agent of this state,
  including a civil service commission, county, or hospital district,
  other than a statute, order, ordinance, executive order, civil
  service provision, or rule regarding pensions or pension-related
  matters.
         SECTION 2.  This Act takes effect September 1, 2009.