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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 counties to maintain local control |
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over wages, hours, and other terms and conditions of 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 161 to read as follows: |
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CHAPTER 161. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN |
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COUNTIES |
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Sec. 161.001. APPLICABILITY. (a) This chapter applies |
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only to a county: |
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(1) that is located on an international border; |
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(2) that has a population of more than 560,000; |
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(3) in which more than 10 incorporated municipalities |
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are located; and |
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(4) that has adopted a resolution or policy providing |
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for a consultation system in which the county will meet or consult |
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with an employee association representing employees if the |
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association demonstrates that the association is supported by at |
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least 30 percent of the employees eligible to participate. |
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(b) This chapter does not apply to: |
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(1) police officers who are covered by Chapter 174; or |
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(2) an employee association in which employees |
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described by Subdivision (1) participate. |
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Sec. 161.002. DEFINITIONS. In this chapter: |
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(1) "Covered employee" means an employee of a county, |
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other than a department head or a police officer who is covered by |
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Chapter 174. |
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(2) "Employee association" means an organization in |
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which county employees participate and that exists for the purpose, |
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wholly or partly, of dealing with one or more employers, whether |
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public or private, concerning grievances, labor disputes, wages, |
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rates of pay, hours of employment, or conditions of work affecting |
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public employees and whose members pay dues by means of an automatic |
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payroll deduction. |
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(3) "Public employer" means any county or political |
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subdivision controlled by a county that is required to establish |
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the wages, salaries, rates of pay, hours, working conditions, and |
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other terms and conditions of employment of public employees. The |
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term may include, under appropriate circumstances, a county judge, |
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county commissioner, commissioners court, director of personnel, |
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personnel board, or one or more other officials regardless of the |
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name by which they are designated. |
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Sec. 161.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND |
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RECOGNITION. (a) A county may not be denied local control over |
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wages, salaries, rates of pay, hours of work, other terms and |
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conditions of employment, or other state-mandated personnel |
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issues. A public employer may enter into a mutual agreement |
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governing these issues with an employee association recognized |
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under this chapter as the sole and exclusive bargaining agent for |
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all covered employees that does not advocate the illegal right to |
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strike by county employees. The applicable statutes, local orders |
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or ordinances, and civil service rules govern a term or condition of |
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employment on which the public employer and the association do not |
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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. 161.004. PETITION FOR RECOGNITION: ELECTION OR ACTION |
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BY COMMISSIONERS COURT. (a) Not later than the 30th day after the |
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date the commissioners court of a county receives from an employee |
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association a petition signed by the majority of all covered |
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employees of the county that requests recognition of the |
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association as the sole and exclusive bargaining agent for all the |
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covered employees of that employer, the commissioners court 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 county under Section 161.006; |
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(2) defer granting recognition of the association and |
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order an election by the voters in the county under Section 161.006 |
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regarding whether a public employer may meet and confer under this |
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chapter; or |
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(3) order a certification election under Section |
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161.005 to determine whether the association represents a majority |
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of the covered employees of the county. |
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(b) If the commissioners court of a county orders a |
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certification election under Subsection (a)(3) and the employee |
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association named in the petition is certified to represent a |
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majority of the covered employees, the commissioners court shall, |
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not later than the 30th day after the date that results of that |
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election are 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 county under Section 161.006; 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 county under Section 161.006 |
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regarding whether a public employer may meet and confer under this |
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chapter. |
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Sec. 161.005. CERTIFICATION ELECTION. (a) Except as |
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provided by Subsection (b), a certification election ordered under |
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Section 161.004(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 employee association is liable for the expenses of |
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the 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. 161.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS |
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CHAPTER. (a) The commissioners court of a county that receives a |
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petition for recognition under Section 161.004 may order an |
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election to determine whether a public employer may meet and confer |
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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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officials that is held after the date the commissioners court of the |
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county orders the election and that allows sufficient time to |
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prepare the 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 county) to operate under the |
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state law allowing a county to meet and confer and make agreements |
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with the association representing county employees as provided by |
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state law, preserving the prohibition against strikes and organized |
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work stoppages, and providing penalties for strikes and organized |
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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 county may operate under the other provisions of this chapter |
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only if a majority of the votes cast at the election favor the |
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proposition. |
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(f) If an election authorized under this section is held, an |
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employee association may not submit a petition for recognition to |
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the commissioners court of the county under Section 161.004 before |
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the second anniversary of the date of the election. |
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Sec. 161.007. CHANGE OR MODIFICATION OF RECOGNITION. |
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(a) The county employees may modify or change the recognition of |
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the employee association granted under this chapter by filing with |
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the commissioners court of the county a petition signed by a |
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majority of all covered employees. |
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(b) The commissioners court of the county 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 161.005 regarding whether to do so. |
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Sec. 161.008. STRIKES PROHIBITED. (a) A county employee |
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may not engage in a strike or organized work stoppage against this |
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state or the county. |
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(b) A county 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 county. |
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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. 161.009. 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 employee association that is recognized under |
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Section 161.004 or 161.005 as the sole and exclusive bargaining |
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agent for 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 161.007, by a majority of the county |
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employees eligible to sign a petition for recognition. |
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Sec. 161.010. SELECTION OF BARGAINING AGENT; BARGAINING |
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UNIT. (a) The commissioners court of a county shall select one or |
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more persons to represent the public employer as its sole and |
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exclusive bargaining agent to meet and confer on issues related to |
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the wages, hours of employment, and other terms and conditions of |
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employment of county 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 county's bargaining unit is composed of all the |
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covered employees of the county. |
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Sec. 161.011. 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. 161.012. OPEN RECORDS. (a) A proposed meet and |
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confer agreement and a document prepared and used by the county, |
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including a public employer, in connection with the proposed |
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agreement are available to the public under Chapter 552, Government |
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Code, only after the agreement is ready to be ratified by the |
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commissioners court of the county. |
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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. 161.013. 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 county 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 county or the representatives of the |
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recognized employee association from conducting private caucuses |
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that are not open to the public during meet and confer negotiations. |
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Sec. 161.014. 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 county, the recognized employee association, and the |
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employees covered by the meet and confer agreement only if: |
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(1) the commissioners court of the county 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 county is located has jurisdiction to hear and resolve a dispute |
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under the ratified meet and confer agreement on the application of a |
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party to the agreement aggrieved by an action or omission of the |
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other party when the action or omission is related to a right, duty, |
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or obligation provided by the agreement. The court may issue proper |
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restraining orders, temporary and permanent injunctions, or any |
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other writ, order, or process, including contempt orders, that are |
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appropriate to enforcing the agreement. |
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Sec. 161.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO |
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OPERATE UNDER THIS CHAPTER. (a) The commissioners court of a |
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county that granted recognition of an employee association under |
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Section 161.004 without conducting an election under Section |
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161.006 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 commissioners court is withdrawing |
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recognition of the association; and |
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(2) any agreement between the commissioners court and |
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the association will not be renewed. |
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(b) The commissioners court of a county that granted |
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recognition of an employee association after conducting an election |
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under Section 161.006 may order an election to determine whether a |
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public employer may continue to meet and confer under this chapter. |
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The commissioners court may not order an election under this |
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subsection until the second anniversary of the date of the election |
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under Section 161.006. |
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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 commissioners court of the |
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county orders the election and that allows sufficient time to |
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prepare the ballot in compliance with other 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 county) to continue to operate |
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under the state law allowing a county to meet and confer and make |
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agreements with the association representing county employees as |
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provided by state law, preserving the prohibition against strikes |
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and organized work stoppages, and providing penalties for strikes |
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and organized work 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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county may continue to operate under this chapter only if a majority |
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of the votes cast at the election favor the proposition. |
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(g) If an election ordered under Subsection (b) is held, an |
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employee association may not submit a petition for recognition to |
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the commissioners court of the county under Section 161.004 before |
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the second anniversary of the date of the election. |
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Sec. 161.016. 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 commissioners court of the county and the |
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recognized employee association, a petition calling for the repeal |
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of the agreement signed by at least 10 percent of the qualified |
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voters residing in the county may be presented to the person charged |
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with ordering an election under Section 3.004, Election Code. |
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(b) If a petition is presented under Subsection (a), the |
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commissioners court of the county 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 or at a special election called by the commissioners court |
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for that purpose. The ballot shall be printed to permit voting for |
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or against the proposition: "Repeal the meet and confer agreement |
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ratified on _____ (date agreement was ratified) by the __________ |
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(name of the commissioners court of the county) and the _____ (name |
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of the recognized employee association) concerning wages, |
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salaries, rates of pay, hours of work, and other terms of |
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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. 161.017. 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 or county, other than a |
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statute, order, ordinance, executive order, civil service |
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provision, or rule regarding pensions or pension-related matters. |
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SECTION 2. This Act takes effect September 1, 2009. |
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* * * * * |