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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain school 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. Chapter 11, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN |
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SCHOOL DISTRICTS |
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Sec. 11.401. APPLICABILITY. This subchapter applies only |
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to a school district with a student enrollment of 180,000 or more |
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for the 2008-2009 school year. |
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Sec. 11.402. DEFINITION. In this subchapter, "employee |
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association" means an organization in which school district |
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employees participate and that exists for the purpose, wholly or |
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partly, of dealing with one or more districts concerning employee |
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grievances, labor disputes, wages, rates of pay, hours of |
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employment, or conditions of work affecting district employees |
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whose members pay dues. |
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Sec. 11.403. GENERAL PROVISIONS RELATING TO AGREEMENTS AND |
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RECOGNITION. (a) Notwithstanding any other provision of this |
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code, a school district to which this subchapter applies may not be |
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denied local control over the wages, rates of pay, hours of |
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employment, other terms and conditions of employment, or other |
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personnel issues. The board of trustees of the district may enter |
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into a mutual agreement governing those issues with an employee |
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association recognized under this subchapter as the sole and |
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exclusive bargaining agent for all district employees that does not |
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advocate any illegal right to strike by district employees. Any |
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applicable statutes govern a term or condition of employment on |
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which the board of trustees and the association do not agree. |
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(b) An agreement under this subchapter must be written. |
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(c) This subchapter does not require the board of trustees |
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of the school district and the recognized employee association to |
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meet and confer or reach an agreement on any issue. |
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(d) This subchapter does not authorize an agreement |
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regarding pension or pension-related matters governed by Subtitle |
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C, Title 8, Government Code. |
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Sec. 11.404. PETITION FOR RECOGNITION: ELECTION OR ACTION |
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BY GOVERNING BODY. (a) Not later than the 30th day after the date |
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the board of trustees of a school district receives from an employee |
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association a petition signed by the majority of all district |
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employees that requests recognition of the association as the sole |
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and exclusive bargaining agent for all the district employees, the |
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board of trustees shall: |
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(1) grant recognition of the association as requested |
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in the petition and find that the board of trustees may meet and |
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confer under this subchapter; or |
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(2) order a certification election under Section |
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11.405 to determine whether the association represents a majority |
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of the district employees. |
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(b) If the board of trustees of a school district orders a |
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certification election under Subsection (a)(2) and the association |
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named in the petition is certified to represent a majority of the |
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district employees, the board of trustees shall, not later than the |
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30th day after the date that results of that election are certified, |
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grant recognition of the association as requested in the petition |
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for recognition and find that the board of trustees may meet and |
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confer under this subchapter. |
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Sec. 11.405. CERTIFICATION ELECTION. (a) Except as |
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provided by Subsection (b), a certification election ordered under |
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Section 11.404(a)(2) 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) 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 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. 11.406. CHANGE OR MODIFICATION OF RECOGNITION. (a) |
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The school district employees may modify or change the recognition |
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of the employee association granted under this subchapter by filing |
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with the board of trustees of the district a petition signed by a |
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majority of all district employees. |
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(b) The board of trustees of the school district 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 11.405 regarding whether to do so. |
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Sec. 11.407. STRIKES PROHIBITED. (a) A school district |
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employee may not engage in a strike or organized work stoppage |
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against this state or the district. |
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(b) A school district employee who participates in a strike |
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forfeits any rights, benefits, or privileges the employee may have |
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as a result of the employee's employment or prior employment with |
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the 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. 11.408. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) The |
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board of trustees of a school district that chooses to meet and |
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confer under this subchapter shall recognize an association that is |
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recognized under Section 11.404 or 11.405 as the sole and exclusive |
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bargaining agent for the district employees. |
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(b) The board of trustees of the school district shall |
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recognize the association until recognition of the association is |
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withdrawn, in accordance with Section 11.406, by a majority of the |
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district employees eligible to sign a petition for recognition. |
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Sec. 11.409. SELECTION OF BARGAINING AGENT; BARGAINING |
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UNIT. (a) The board of trustees of the school district or the |
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board's designee shall select one or more persons to represent the |
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district as its sole and exclusive bargaining agent to meet and |
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confer on issues related to the wages, rates of pay, hours of |
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employment, and other terms and conditions of employment of |
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district 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 school district's bargaining unit is composed of all |
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the district employees. |
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Sec. 11.410. PROTECTED RIGHTS OF EMPLOYEES. A meet and |
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confer agreement ratified under this subchapter may not interfere |
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with the right of a member of a bargaining unit to pursue |
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allegations of discrimination based on race, creed, color, national |
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origin, 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. 11.411. OPEN RECORDS. (a) A proposed meet and confer |
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agreement and a document prepared and used by the school district in |
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connection with the proposed agreement are available to the public |
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under Chapter 552, Government Code, only after the agreement is |
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ready to be ratified by the board of trustees of the 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. 11.412. OPEN DELIBERATIONS. (a) Deliberations |
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relating to a meet and confer agreement or proposed agreement under |
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this subchapter between representatives of the school district and |
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representatives of the employee association recognized under this |
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subchapter as the sole and exclusive bargaining agent for the |
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district's employees must be open to the public and comply with |
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state law. |
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(b) Subsection (a) may not be construed to prohibit the |
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representatives of the school 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. 11.413. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. |
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(a) An agreement under this subchapter is enforceable and binding |
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on the school district, the recognized employee association, and |
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the employees covered by the meet and confer agreement only if: |
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(1) the board of trustees of the district ratified the |
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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 school district is located has jurisdiction to hear and resolve |
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a dispute under the ratified meet and confer agreement on the |
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application of a party to the agreement aggrieved by an action or |
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omission of the other party when the action or omission is related |
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to a right, duty, or obligation provided by the agreement. The |
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court may issue proper restraining orders, temporary and permanent |
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injunctions, or any other writ, order, or process, including |
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contempt orders, that are appropriate to enforcing the agreement. |
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Sec. 11.414. ACTION TO REPEAL AUTHORIZATION TO OPERATE |
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UNDER THIS SUBCHAPTER. The board of trustees of a school district |
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that granted recognition of an employee association under Section |
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11.404 may withdraw recognition of the association by providing to |
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the association not less than 90 days' written 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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Sec. 11.415. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
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A written meet and confer agreement ratified under this subchapter |
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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, executive orders, or rules |
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adopted by this state, a school district board of trustees, or an |
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agent of this state, other than a statute, executive order, or rule |
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regarding pensions or pension-related matters. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |