81R8521 ATP-F
 
  By: Hinojosa S.B. No. 1687
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of certain counties 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 161 to read as follows:
  CHAPTER 161. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN
  COUNTIES
         Sec. 161.001.  APPLICABILITY.  (a)  This chapter applies
  only to a county with a population of less than one million that has
  adopted a resolution or policy providing for a consultation system
  in which the county will meet or consult with an employee
  association representing employees if the association demonstrates
  that the association is supported by at least 30 percent of the
  employees eligible to participate.
         (b)  This chapter does not apply to:
               (1)  police officers who are covered by Chapter 174;  or
               (2)  an employee association in which employees
  described by Subdivision (1) participate.
         Sec. 161.002.  DEFINITIONS.  In this chapter:
               (1)  "Covered employee" means an employee of a county,
  other than a department head or a police officer who is covered by
  Chapter 174.
               (2)  "Employee association" means an organization in
  which county employees 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 county or political
  subdivision controlled by a county that is required to establish
  the wages, salaries, rates of pay, hours, working conditions, and
  other terms and conditions of employment of public employees. The
  term may include, under appropriate circumstances, a county judge,
  county commissioner, commissioners court, director of personnel,
  personnel board, or one or more other officials regardless of the
  name by which they are designated.
         Sec. 161.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS AND
  RECOGNITION.  (a)  A county 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 county 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. 161.004.  PETITION FOR RECOGNITION:  ELECTION OR ACTION
  BY COMMISSIONERS COURT.  (a)  Not later than the 30th day after the
  date the commissioners court of a county receives from an employee
  association a petition signed by the majority of all covered
  employees of the county that requests recognition of the
  association as the sole and exclusive bargaining agent for all the
  covered employees of that employer, the commissioners court 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 county under Section 161.006;
               (2)  defer granting recognition of the association and
  order an election by the voters in the county under Section 161.006
  regarding whether a public employer may meet and confer under this
  chapter;  or
               (3)  order a certification election under Section
  161.005 to determine whether the association represents a majority
  of the covered employees of the county.
         (b)  If the commissioners court of a county 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 commissioners court 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 county under Section 161.006; or
               (2)  defer granting recognition of the association and
  order an election by the voters in the county under Section 161.006
  regarding whether a public employer may meet and confer under this
  chapter.
         Sec. 161.005.  CERTIFICATION ELECTION.  (a)  Except as
  provided by Subsection (b), a certification election ordered under
  Section 161.004(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. 161.006.  ELECTION TO AUTHORIZE OPERATING UNDER THIS
  CHAPTER. (a)  The commissioners court of a county that receives a
  petition for recognition under Section 161.004 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
  officials that is held after the date the commissioners court of the
  county 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 county) to operate under the
  state law allowing a county to meet and confer and make agreements
  with the association representing county employees 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 county 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
  commissioners court of the county under Section 161.004 before the
  second anniversary of the date of the election.
         Sec. 161.007.  CHANGE OR MODIFICATION OF RECOGNITION.  (a)  
  The county employees may modify or change the recognition of the
  employee association granted under this chapter by filing with the
  commissioners court of the county a petition signed by a majority of
  all covered employees.
         (b)  The commissioners court of the county may:
               (1)  recognize the change or modification as provided
  by the petition; or
               (2)  order a certification election in accordance with
  Section 161.005 regarding whether to do so.
         Sec. 161.008.  STRIKES PROHIBITED.  (a)  A county employee
  may not engage in a strike or organized work stoppage against this
  state or the county.
         (b)  A county 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 county.
         (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. 161.009.  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
  161.004 or 161.005 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 161.007, by a majority of the county
  employees eligible to sign a petition for recognition.
         Sec. 161.010.  SELECTION OF BARGAINING AGENT; BARGAINING
  UNIT.  (a)  The commissioners court of a county 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 county employees.
         (b)  An employee association may designate one or more
  persons to negotiate or bargain on the association's behalf.
         (c)  A county's bargaining unit is composed of all the
  covered employees of the county.
         Sec. 161.011.  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. 161.012.  OPEN RECORDS.  (a) A proposed meet and confer
  agreement and a document prepared and used by the county, including
  a public employer, 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 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. 161.013.  OPEN DELIBERATIONS. (a) Deliberations
  relating to a meet and confer agreement or proposed agreement under
  this chapter between representatives of the county 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 county 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. 161.014.  RATIFICATION AND ENFORCEABILITY OF
  AGREEMENT.  (a) An agreement under this chapter is enforceable and
  binding on the county, the recognized employee association, and the
  employees covered by the meet and confer agreement only if:
               (1)  the commissioners court of the county 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 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. 161.015.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
  OPERATE UNDER THIS CHAPTER.  (a) The commissioners court of a
  county that granted recognition of an employee association under
  Section 161.004 without conducting an election under Section
  161.006 may withdraw recognition of the association by providing to
  the association not less than 90 days' written notice that:
               (1)  the commissioners court is withdrawing
  recognition of the association; and
               (2)  any agreement between the commissioners court and
  the association will not be renewed.
         (b)  The commissioners court of a county that granted
  recognition of an employee association after conducting an election
  under Section 161.006 may order an election to determine whether a
  public employer may continue to meet and confer under this chapter.
  The commissioners court may not order an election under this
  subsection until the second anniversary of the date of the election
  under Section 161.006.
         (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 commissioners court of the
  county 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 county) to continue to operate
  under the state law allowing a county to meet and confer and make
  agreements with the association representing county employees 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
  county 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
  commissioners court of the county under Section 161.004 before the
  second anniversary of the date of the election.
         Sec. 161.016.  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 of the county 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 county 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
  commissioners court of the county 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 or at a special election called by the commissioners court
  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 commissioners court of the county) 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. 161.017.  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 or county, 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.