By: Whitmire S.B. No. 1744
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to conditions of employment for law enforcement officers
  and corrections officers employed by certain counties.
         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 SHERIFF'S DEPARTMENT EMPLOYMENT
  MATTERS IN CERTAIN COUNTIES
         Sec. 161.001.  APPLICABILITY.  This chapter applies only to
  a county with a population of 3.3 million or more that:
               (1)  employs law enforcement officers or corrections
  officers covered by Subchapter B, Chapter 158; and
               (2)  contains a municipality with a population of more
  than 600,000 that has adopted Chapter 174 for its fire department,
  police department, or both.
         Sec. 161.002.  DEFINITIONS. In this chapter:
               (1)  "Association" means an employee organization in
  which law enforcement officers or corrections officers employed by
  a sheriff's department, or both, participate and that exists for
  the purpose, wholly or partly, of dealing with the county or the
  sheriff concerning grievances, labor disputes, wages, rates of pay,
  hours of work, or conditions of work affecting law enforcement
  officers or corrections officers, or both, as applicable.
               (2)  "Corrections officer" means a person employed by a
  sheriff's department whose primary duties include the direct
  supervision of inmates in a county jail or another detention
  facility maintained by a sheriff's department. The term is not
  limited to a person who is a peace officer under Article 2.12, Code
  of Criminal Procedure.
               (3)  "Law enforcement officer" means a person who is
  employed by a sheriff's department as a peace officer under Article
  2.12, Code of Criminal Procedure, and whose primary duties include
  the enforcement of the law, investigation of crime, and service of
  criminal warrants or civil process.
               (4)  "Public employer" means the commissioners court of
  the county that is required to establish the wages, salaries, rates
  of pay, hours of work, working conditions, and other terms and
  conditions of employment of law enforcement officers or corrections
  officers employed by the sheriff's department.
         Sec. 161.003.  PETITION FOR RECOGNITION: ELECTION OR ACTION
  BY COUNTY COMMISSIONERS. (a)  Not later than the 30th day after the
  date the commissioners court of a county receives a petition signed
  by the majority of all law enforcement officers and corrections
  officers, excluding the employees exempt under Section 161.006(b),
  requesting recognition of an association or associations as the
  exclusive bargaining agent for the nonexempt law enforcement
  officers or corrections officers as described by Subsection (b),
  the commissioners court shall:
               (1)  grant recognition of the association or
  associations as requested in the petition and find that the public
  employers may meet and confer under this chapter without conducting
  an election by the voters in the county under Section 161.004; or
               (2)  defer granting recognition of the association or
  associations and order an election by the voters in the county under
  Section 161.004 regarding whether the public employers may meet and
  confer under this chapter.
         (b)  The petition described by Subsection (a) must state
  whether the petitioners request recognition of:
               (1)  one association to represent all law enforcement
  officers and corrections officers employed by the sheriff's
  department, excluding the officers exempt under Section
  161.006(b); or
               (2)  two associations, with:
                     (A)  one association to exclusively represent law
  enforcement officers employed by a sheriff's department, excluding
  the officers exempt under Section 161.006(b); and
                     (B)  one association to exclusively represent
  corrections officers employed by a sheriff's department, excluding
  the officers exempt under Section 161.006(b).
         (c)  The commissioners court may not consider a petition for
  recognition of two associations as requested under Subsection
  (b)(2) unless:
               (1)  the total number of law enforcement officers
  employed by the sheriff's department constitutes 10 percent or more
  of the total number of law enforcement officers and corrections
  officers employed by the sheriff's department;
               (2)  the total number of corrections officers employed
  by the sheriff's department constitutes 10 percent or more of the
  total number of law enforcement officers and corrections officers
  employed by the sheriff's department;
               (3)  the petitioners request recognition of:
                     (A)  one association to exclusively represent all
  law enforcement officers; and
                     (B)  one association to exclusively represent all
  corrections officers; and
               (4)  the commissioners court considers each petition
  described by Subdivision (3) at the same time, and both petitions
  are granted or denied at that time.
         Sec. 161.004.  ELECTION TO AUTHORIZE OPERATING UNDER THIS
  CHAPTER. (a)  The commissioners court of a county that receives a
  petition for recognition under Section 161.003 may order an
  election to determine whether the public employers may meet and
  confer under this chapter.
         (b)  An election under this section must be held on the first
  authorized uniform election date prescribed by Chapter 41, Election
  Code, that occurs after the date the commissioners court orders the
  election and that allows sufficient time to comply with other
  requirements of law.
         (c)  The ballot for an election called under this section
  shall be printed to allow voting for or against the proposition:
  "Authorizing ____________ (name of the commissioners court of the
  county) to operate under the state law allowing the (name of the
  commissioners court of the county) to meet and confer and make
  agreements with (name of the association or associations) as the
  exclusive bargaining agent representing nonexempt law enforcement
  officers and corrections officers as provided by state law,
  preserving the prohibition against strikes and lockouts, and
  providing penalties for strikes and lockouts."
         (d)  An election called under this section shall 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 or associations may not submit a petition for
  recognition to the commissioners court of the county under Section
  161.003 before the first anniversary of the date of the election.
         Sec. 161.005.  STRIKES PROHIBITED. (a)  A law enforcement
  officer or corrections officer may not engage in a strike or
  organized work stoppage against this state or the county.
         (b)  A law enforcement officer or corrections officer who
  participates in a strike forfeits any civil service rights,
  reemployment rights, and other rights, benefits, or privileges the
  officer may have as a result of the officer'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. 161.006.  RECOGNITION OF ASSOCIATION BY PUBLIC
  EMPLOYER. (a)  Except as provided by Subsection (c), a public
  employer in a county that chooses to meet and confer under this
  chapter shall recognize an association that is recognized under
  Section 161.003 as the exclusive bargaining agent for the covered
  law enforcement officers or corrections officers, or both, under
  this chapter. The covered officers are the officers described in
  the applicable petition for recognition, but the covered officers
  do not include the employees exempt under Subsection (b).
         (b)  For the purposes of Subsection (a), exempt employees are
  the sheriff and the employees that the sheriff designates as exempt
  in the manner prescribed by Subchapter B, Chapter 158, or that are
  exempt by the mutual agreement of the recognized association and
  the sheriff.
         (c)  The public employer shall recognize the association
  until:
               (1)  if an association is recognized under Section
  161.003(b)(1), recognition of the association is withdrawn by a
  majority of the law enforcement officers and corrections officers;
  or
               (2)  if an association is recognized under Section
  161.003(b)(2):
                     (A)  recognition of the association is withdrawn
  by a majority of the law enforcement officers or corrections
  officers, as applicable; or
                     (B)  the total number of law enforcement officers
  employed by the sheriff's department or the total number of
  corrections officers employed by the sheriff's department
  decreases to an amount that is less than 10 percent of the total
  number of law enforcement officers and corrections officers
  employed by the sheriff's department.
         (d)  If recognition of an association is withdrawn as
  provided by Subsection (c)(2), the association exclusively
  representing the law enforcement officers shall merge with the
  association exclusively representing corrections officers.
         Sec. 161.007.  SELECTION OF BARGAINING AGENT; PUBLIC
  EMPLOYER BARGAINING TEAM. (a)  Each public employer's chief
  executive officer or the chief executive officer's designee shall
  select one or more persons to represent the public employer as its
  exclusive bargaining agent to meet and confer on issues related to
  the wages, hours of employment, and other terms and conditions of
  employment of law enforcement officers and corrections officers for
  whom the public employer is responsible. The sheriff may represent
  the office of the sheriff or select one or more persons to represent
  the sheriff as the exclusive bargaining agent to meet and confer on
  issues related to the wages, hours of employment, and other terms
  and conditions of employment of law enforcement officers and
  corrections officers.
         (b)  An association recognized under this chapter may
  designate one or more persons to negotiate or bargain on its behalf.
         (c)  The representatives of each public employer that has
  selected one or more persons under Subsection (a) may form a
  bargaining team. The team may negotiate provisions applicable to
  all represented public employers. Appropriate representatives on
  the team may negotiate provisions applicable to only one public
  employer or to some but not all of the represented public employers.
         (d)  An association recognized under this chapter to
  represent law enforcement officers and an association recognized
  under this chapter to represent corrections officers may form a
  bargaining team. The team may negotiate an agreement with any
  public employer or the sheriff.
         Sec. 161.008.  GENERAL PROVISIONS RELATING TO AGREEMENTS.
  (a)  A county may not be denied local control over the wages,
  salaries, rates of pay, hours of work, or other terms and conditions
  of employment to the extent a public employer that is a party to the
  agreement and an association recognized as an exclusive bargaining
  agent agree as provided by this chapter, if the agreement is
  ratified and not repealed under this chapter. Applicable statutes
  and applicable local orders, ordinances, and civil service rules
  apply to an issue not governed by the agreement.
         (b)  A meet and confer agreement under this chapter must be
  written.
         (c)  This chapter does not require a public employer or a
  recognized association to meet and confer on any issue or reach an
  agreement.
         (d)  A public employer and a recognized association may meet
  and confer only if the association does not advocate an illegal
  strike.
         Sec. 161.009.  OPEN RECORDS. (a)  A proposed meet and
  confer agreement and a document prepared and used by the public
  employer in connection with the proposed agreement are available to
  the public under Chapter 552, Government Code, only after the
  agreement is 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 by the public employer in connection with the agreement.
         Sec. 161.010.  RATIFICATION AND ENFORCEABILITY OF
  AGREEMENT. (a)  A meet and confer agreement under this chapter is
  enforceable and binding on the public employer, the applicable
  recognized association, and the law enforcement officers or
  corrections officers, or both, covered by the agreement only if:
               (1)  the commissioners court of the county ratified the
  agreement by a majority vote; and
               (2)  the applicable recognized association ratified
  the agreement by conducting a secret ballot election at which only
  the law enforcement officers or corrections officers, or both, that
  were represented by the association were eligible to vote, and a
  majority of the votes cast at the election 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 meet and confer agreement under this chapter is
  enforceable and binding on the sheriff, the applicable recognized
  association, and the law enforcement officers or corrections
  officers, or both, covered by the agreement only if:
               (1)  the sheriff ratified the agreement by written
  signature; and
               (2)  the applicable recognized association ratified
  the agreement by conducting a secret ballot in the manner described
  by Subsection (a)(2).
         (d)  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. 161.011.  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, executive orders, civil
  service provisions, or rules adopted by a personnel board or a civil
  service commission.
         Sec. 161.012.  PROTECTED RIGHTS. (a)  For any disciplinary
  appeal, a covered law enforcement officer or corrections officer
  may be represented by a recognized association or by any person
  chosen by the officer.
         (b)  A meet and confer agreement ratified under this chapter
  may not interfere with the right of a covered law enforcement
  officer or corrections officer 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. 161.013.  ELECTION TO REPEAL AGREEMENT. (a)  Not later
  than the 60th day after the date a meet and confer agreement is
  ratified by the public employer and a recognized association, a
  petition calling for the repeal of the agreement signed by at least
  10 percent of the registered voters residing in the county may be
  presented to the commissioners court.
         (b)  If a petition is presented under Subsection (a), the
  commissioners court shall order an election by the voters in the
  county to determine whether to repeal the meet and confer
  agreement.
         (c)  An election ordered under Subsection (b) shall be held
  as part of the next regularly scheduled general election for the
  county for which there remains sufficient time to add the question
  to the ballot. The ballot shall be printed to provide for voting
  for or against the proposition: "Repeal the meet and confer
  agreement ratified on _____ (date agreement was ratified) by the
  commissioners court and __________ (name of the association)
  concerning wages, salaries, rates of pay, hours of work, and other
  terms of employment of certain county _____ (law enforcement
  officers or corrections officers or law enforcement officers and
  corrections officers, as applicable)."
         (d)  If a majority of the votes cast at the election favor the
  repeal of the meet and confer agreement, the agreement is void.
         (e)  A public employer and a recognized association may not
  negotiate a new meet and confer agreement before the 181st day after
  the date a meet and confer agreement is repealed at an election
  under this section.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.