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A BILL TO BE ENTITLED
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AN ACT
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relating to conditions of employment for law enforcement officers |
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and corrections officers employed by certain counties. |
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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 SHERIFF'S DEPARTMENT EMPLOYMENT |
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MATTERS IN CERTAIN COUNTIES |
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Sec. 161.001. APPLICABILITY. This chapter applies only to |
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a county with a population of 3.3 million or more that: |
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(1) employs law enforcement officers or corrections |
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officers covered by Subchapter B, Chapter 158; and |
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(2) contains a municipality with a population of more |
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than 600,000 that has adopted Chapter 174 for its fire department, |
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police department, or both. |
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Sec. 161.002. DEFINITIONS. In this chapter: |
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(1) "Association" means an employee organization in |
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which law enforcement officers or corrections officers employed by |
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a sheriff's department, or both, participate and that exists for |
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the purpose, wholly or partly, of dealing with the county or the |
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sheriff concerning grievances, labor disputes, wages, rates of pay, |
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hours of work, or conditions of work affecting law enforcement |
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officers or corrections officers, or both, as applicable. |
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(2) "Corrections officer" means a person employed by a |
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sheriff's department whose primary duties include the direct |
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supervision of inmates in a county jail or another detention |
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facility maintained by a sheriff's department. The term is not |
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limited to a person who is a peace officer under Article 2.12, Code |
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of Criminal Procedure. |
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(3) "Law enforcement officer" means a person who is |
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employed by a sheriff's department as a peace officer under Article |
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2.12, Code of Criminal Procedure, and whose primary duties include |
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the enforcement of the law, investigation of crime, and service of |
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criminal warrants or civil process. |
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(4) "Public employer" means the commissioners court of |
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the county that is required to establish the wages, salaries, rates |
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of pay, hours of work, working conditions, and other terms and |
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conditions of employment of law enforcement officers or corrections |
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officers employed by the sheriff's department. |
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Sec. 161.003. PETITION FOR RECOGNITION: ELECTION OR ACTION |
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BY COUNTY COMMISSIONERS. (a) Not later than the 30th day after the |
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date the commissioners court of a county receives a petition signed |
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by the majority of all law enforcement officers and corrections |
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officers, excluding the employees exempt under Section 161.006(b), |
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requesting recognition of an association or associations as the |
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exclusive bargaining agent for the nonexempt law enforcement |
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officers or corrections officers as described by Subsection (b), |
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the commissioners court shall: |
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(1) grant recognition of the association or |
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associations as requested in the petition and find that the public |
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employers may meet and confer under this chapter without conducting |
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an election by the voters in the county under Section 161.004; or |
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(2) defer granting recognition of the association or |
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associations and order an election by the voters in the county under |
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Section 161.004 regarding whether the public employers may meet and |
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confer under this chapter. |
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(b) The petition described by Subsection (a) must state |
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whether the petitioners request recognition of: |
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(1) one association to represent all law enforcement |
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officers and corrections officers employed by the sheriff's |
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department, excluding the officers exempt under Section |
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161.006(b); or |
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(2) two associations, with: |
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(A) one association to exclusively represent law |
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enforcement officers employed by a sheriff's department, excluding |
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the officers exempt under Section 161.006(b); and |
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(B) one association to exclusively represent |
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corrections officers employed by a sheriff's department, excluding |
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the officers exempt under Section 161.006(b). |
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(c) The commissioners court may not consider a petition for |
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recognition of two associations as requested under Subsection |
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(b)(2) unless: |
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(1) the total number of law enforcement officers |
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employed by the sheriff's department constitutes 10 percent or more |
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of the total number of law enforcement officers and corrections |
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officers employed by the sheriff's department; |
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(2) the total number of corrections officers employed |
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by the sheriff's department constitutes 10 percent or more of the |
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total number of law enforcement officers and corrections officers |
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employed by the sheriff's department; |
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(3) the petitioners request recognition of: |
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(A) one association to exclusively represent all |
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law enforcement officers; and |
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(B) one association to exclusively represent all |
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corrections officers; and |
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(4) the commissioners court considers each petition |
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described by Subdivision (3) at the same time, and both petitions |
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are granted or denied at that time. |
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Sec. 161.004. 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 161.003 may order an |
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election to determine whether the public employers may meet and |
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confer under this chapter. |
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(b) An election under this section must be held on the first |
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authorized uniform election date prescribed by Chapter 41, Election |
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Code, that occurs after the date the commissioners court orders the |
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election and that allows sufficient time to comply with other |
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requirements of law. |
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(c) The ballot for an election called under this section |
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shall be printed to allow voting for or against the proposition: |
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"Authorizing ____________ (name of the commissioners court of the |
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county) to operate under the state law allowing the (name of the |
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commissioners court of the county) to meet and confer and make |
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agreements with (name of the association or associations) as the |
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exclusive bargaining agent representing nonexempt law enforcement |
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officers and corrections officers as provided by state law, |
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preserving the prohibition against strikes and lockouts, and |
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providing penalties for strikes and lockouts." |
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(d) An election called under this section shall 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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association or associations may not submit a petition for |
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recognition to the commissioners court of the county under Section |
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161.003 before the first anniversary of the date of the election. |
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Sec. 161.005. STRIKES PROHIBITED. (a) A law enforcement |
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officer or corrections officer may not engage in a strike or |
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organized work stoppage against this state or the county. |
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(b) A law enforcement officer or corrections officer who |
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participates in a strike forfeits any civil service rights, |
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reemployment rights, and other rights, benefits, or privileges the |
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officer may have as a result of the officer's employment or prior |
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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. 161.006. RECOGNITION OF ASSOCIATION BY PUBLIC |
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EMPLOYER. (a) Except as provided by Subsection (c), a public |
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employer in a county that chooses to meet and confer under this |
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chapter shall recognize an association that is recognized under |
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Section 161.003 as the exclusive bargaining agent for the covered |
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law enforcement officers or corrections officers, or both, under |
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this chapter. The covered officers are the officers described in |
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the applicable petition for recognition, but the covered officers |
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do not include the employees exempt under Subsection (b). |
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(b) For the purposes of Subsection (a), exempt employees are |
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the sheriff and the employees that the sheriff designates as exempt |
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in the manner prescribed by Subchapter B, Chapter 158, or that are |
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exempt by the mutual agreement of the recognized association and |
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the sheriff. |
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(c) The public employer shall recognize the association |
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until: |
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(1) if an association is recognized under Section |
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161.003(b)(1), recognition of the association is withdrawn by a |
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majority of the law enforcement officers and corrections officers; |
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or |
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(2) if an association is recognized under Section |
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161.003(b)(2): |
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(A) recognition of the association is withdrawn |
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by a majority of the law enforcement officers or corrections |
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officers, as applicable; or |
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(B) the total number of law enforcement officers |
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employed by the sheriff's department or the total number of |
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corrections officers employed by the sheriff's department |
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decreases to an amount that is less than 10 percent of the total |
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number of law enforcement officers and corrections officers |
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employed by the sheriff's department. |
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(d) If recognition of an association is withdrawn as |
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provided by Subsection (c)(2), the association exclusively |
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representing the law enforcement officers shall merge with the |
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association exclusively representing corrections officers. |
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Sec. 161.007. SELECTION OF BARGAINING AGENT; PUBLIC |
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EMPLOYER BARGAINING TEAM. (a) Each public employer's chief |
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executive officer or the chief executive officer's designee shall |
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select one or more persons to represent the public employer as its |
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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 law enforcement officers and corrections officers for |
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whom the public employer is responsible. The sheriff may represent |
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the office of the sheriff or select one or more persons to represent |
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the sheriff as the exclusive bargaining agent to meet and confer on |
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issues related to the wages, hours of employment, and other terms |
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and conditions of employment of law enforcement officers and |
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corrections officers. |
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(b) An association recognized under this chapter may |
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designate one or more persons to negotiate or bargain on its behalf. |
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(c) The representatives of each public employer that has |
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selected one or more persons under Subsection (a) may form a |
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bargaining team. The team may negotiate provisions applicable to |
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all represented public employers. Appropriate representatives on |
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the team may negotiate provisions applicable to only one public |
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employer or to some but not all of the represented public employers. |
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(d) An association recognized under this chapter to |
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represent law enforcement officers and an association recognized |
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under this chapter to represent corrections officers may form a |
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bargaining team. The team may negotiate an agreement with any |
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public employer or the sheriff. |
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Sec. 161.008. GENERAL PROVISIONS RELATING TO AGREEMENTS. |
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(a) A county may not be denied local control over the wages, |
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salaries, rates of pay, hours of work, or other terms and conditions |
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of employment to the extent a public employer that is a party to the |
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agreement and an association recognized as an exclusive bargaining |
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agent agree as provided by this chapter, if the agreement is |
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ratified and not repealed under this chapter. Applicable statutes |
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and applicable local orders, ordinances, and civil service rules |
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apply to an issue not governed by the agreement. |
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(b) A meet and confer agreement under this chapter must be |
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written. |
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(c) This chapter does not require a public employer or a |
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recognized association to meet and confer on any issue or reach an |
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agreement. |
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(d) A public employer and a recognized association may meet |
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and confer only if the association does not advocate an illegal |
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strike. |
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Sec. 161.009. OPEN RECORDS. (a) A proposed meet and |
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confer agreement and a document prepared and used by the public |
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employer in connection with the proposed agreement are available to |
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the public under Chapter 552, Government Code, only after the |
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agreement is ratified by the 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 by the public employer in connection with the agreement. |
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Sec. 161.010. RATIFICATION AND ENFORCEABILITY OF |
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AGREEMENT. (a) A meet and confer agreement under this chapter is |
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enforceable and binding on the public employer, the applicable |
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recognized association, and the law enforcement officers or |
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corrections officers, or both, covered by the 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 applicable recognized association ratified |
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the agreement by conducting a secret ballot election at which only |
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the law enforcement officers or corrections officers, or both, that |
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were represented by the association were eligible to vote, and a |
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majority of the votes cast at the election favored ratifying the |
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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 meet and confer agreement under this chapter is |
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enforceable and binding on the sheriff, the applicable recognized |
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association, and the law enforcement officers or corrections |
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officers, or both, covered by the agreement only if: |
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(1) the sheriff ratified the agreement by written |
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signature; and |
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(2) the applicable recognized association ratified |
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the agreement by conducting a secret ballot in the manner described |
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by Subsection (a)(2). |
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(d) 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. 161.011. 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, executive orders, civil |
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service provisions, or rules adopted by a personnel board or a civil |
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service commission. |
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Sec. 161.012. PROTECTED RIGHTS. (a) For any disciplinary |
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appeal, a covered law enforcement officer or corrections officer |
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may be represented by a recognized association or by any person |
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chosen by the officer. |
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(b) A meet and confer agreement ratified under this chapter |
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may not interfere with the right of a covered law enforcement |
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officer or corrections officer 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. 161.013. ELECTION TO REPEAL AGREEMENT. (a) Not later |
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than the 60th day after the date a meet and confer agreement is |
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ratified by the public employer and a recognized association, a |
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petition calling for the repeal of the agreement signed by at least |
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10 percent of the registered voters residing in the county may be |
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presented to the commissioners court. |
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(b) If a petition is presented under Subsection (a), the |
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commissioners court shall order an election by the voters in the |
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county to determine whether to repeal the meet and confer |
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agreement. |
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(c) An election ordered under Subsection (b) shall be held |
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as part of the next regularly scheduled general election for the |
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county for which there remains sufficient time to add the question |
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to the ballot. The ballot shall be printed to provide for voting |
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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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commissioners court and __________ (name of the association) |
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concerning wages, salaries, rates of pay, hours of work, and other |
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terms of employment of certain county _____ (law enforcement |
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officers or corrections officers or law enforcement officers and |
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corrections officers, as applicable)." |
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(d) If a majority of the votes cast at the election favor the |
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repeal of the meet and confer agreement, the agreement is void. |
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(e) A public employer and a recognized association may not |
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negotiate a new meet and confer agreement before the 181st day after |
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the date a meet and confer agreement is repealed at an election |
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under this section. |
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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. |