82R6862 TJB-D
 
  By: Watson S.B. No. 1284
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of certain municipalities 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 A, Title 5, Local Government Code, is
  amended by adding Chapter 148 to read as follows:
  CHAPTER 148. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN
  CERTAIN MUNICIPALITIES THAT OPERATE UNDER CITY MANAGER FORM OF
  GOVERNMENT
         Sec. 148.001.  APPLICABILITY.  (a)  This chapter applies
  only to a municipality with a population of 750,000 or more:
               (1)  that operates under a city manager form of
  government; and
               (2)  in which all members of the municipality's
  governing body are elected at large.
         (b)  This chapter does not apply to:
               (1)  firefighters or police officers who are covered by
  Subchapter I, Chapter 143;
               (2)  emergency medical services personnel; or
               (3)  an employee association in which employees
  described by Subdivisions (1) and (2) participate.
         (c)  A municipality that was subject to this chapter by
  application of Subsection (a) and that subsequently changes its
  governing body or form of government continues to be subject to this
  chapter, regardless of whether the municipality continues to meet
  the requirements of that subsection.
         Sec. 148.002.  DEFINITIONS.  In this chapter:
               (1)  "Appointed employee" means any  municipal employee
  appointed by the municipality's governing body.
               (2)  "Covered employee" means an employee of a
  municipality, other than:
                     (A)  an appointed employee;
                     (B)  a city manager, an assistant city manager, or
  a professional executive assistant to a city manager or assistant
  city manager;
                     (C)  an employee who holds an executive-level
  position;
                     (D)  a cadet or trainee enrolled in a training
  program for police officers, firefighters, or emergency medical
  services personnel;
                     (E)  an employee designated under Section 148.010
  as a bargaining agent for the municipality; and
                     (F)  an employee designated as exempt from the
  bargaining unit by the mutual agreement of the recognized employee
  association and the public employer.
               (3)  "Emergency medical services personnel" has the
  meaning assigned by Section 142.152(2).
               (4)  "Employee association" means an organization in
  which municipal 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.
               (5)  "Public employer" means any municipality or
  agency, board, commission, or political subdivision controlled by a
  municipality 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 mayor, manager,
  administrator of a municipality, municipal governing body,
  director of personnel, personnel board, or one or more other
  officials regardless of the name by which they are designated.
         Sec. 148.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS AND
  RECOGNITION.  (a)  A municipality 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 municipal employees.  The applicable statutes, local
  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 statute.
         Sec. 148.004.  PETITION FOR RECOGNITION: ELECTION OR ACTION
  BY GOVERNING BODY.  (a)  Not later than the 30th day after the date
  the governing body of a municipality receives from an employee
  association a petition signed by the majority of all covered
  employees that requests recognition of the association as the sole
  and exclusive bargaining agent for all the covered employees, the
  governing body 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 municipality under Section 148.006;
               (2)  defer granting recognition of the association and
  order an election by the voters in the municipality under Section
  148.006 regarding whether a public employer may meet and confer
  under this chapter; or
               (3)  order a certification election under Section
  148.005 to determine whether the association represents a majority
  of the covered employees.
         (b)  If the governing body of a municipality orders a
  certification election under Subsection (a)(3) and the employee
  association named in the petition is certified to represent a
  majority of the covered employees, the governing body shall, not
  later than the 30th day after the date 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 municipality under Section 148.006; or
               (2)  defer granting recognition of the association and
  order an election by the voters in the municipality under Section
  148.006 regarding whether a public employer may meet and confer
  under this chapter.
         Sec. 148.005.  CERTIFICATION ELECTION.  (a)  Except as
  provided by Subsection (b), a certification election ordered under
  Section 148.004(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)  The employee 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. 148.006.  ELECTION TO AUTHORIZE OPERATING UNDER THIS
  CHAPTER. (a)  The governing body of a municipality that receives a
  petition for recognition under Section 148.004 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 municipal
  officials that is held after the date the governing body of the
  municipality 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 municipality) to operate under
  the state law allowing a municipality to meet and confer and make
  agreements with the association representing municipal 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 municipality 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
  employee association may not submit a petition for recognition to
  the governing body of the municipality under Section 148.004 before
  the second anniversary of the date of the election.
         Sec. 148.007.  CHANGE OR MODIFICATION OF RECOGNITION.  (a)  
  The municipal employees may modify or change the recognition of the
  employee association granted under this chapter by filing with the
  governing body of the municipality a petition signed by a majority
  of all covered employees.
         (b)  The governing body of the municipality may:
               (1)  recognize the change or modification as provided
  by the petition; or
               (2)  order a certification election in accordance with
  Section 148.005 regarding whether to do so.
         Sec. 148.008.  STRIKES PROHIBITED.  (a)  A municipal
  employee may not engage in a strike or organized work stoppage
  against this state or the municipality.
         (b)  A municipal 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
  municipality.
         (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. 148.009.  RECOGNITION OF EMPLOYEE ASSOCIATION.  (a)  A
  public employer in a municipality that chooses to meet and confer
  under this chapter shall recognize an employee association that is
  recognized under Section 148.004 or 148.005 as the sole and
  exclusive bargaining agent for the covered employees.
         (b)  The public employer shall recognize the employee
  association until recognition of the association is withdrawn, in
  accordance with Section 148.007, by a majority of the municipal
  employees eligible to sign a petition for recognition.
         Sec. 148.010.  SELECTION OF BARGAINING AGENT; BARGAINING
  UNIT.  (a)  The 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 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 municipal employees.
         (b)  An employee association may designate one or more
  persons to negotiate or bargain on the association's behalf.  An
  employee association may not designate as one of its bargaining
  agents any person employed as an attorney for the public employer.
         (c)  A municipality's bargaining unit is composed of all the
  covered employees.
         Sec. 148.011.  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 United States Equal
  Employment Opportunity Commission or to pursue affirmative action
  litigation.
         Sec. 148.012.  OPEN RECORDS.  (a) A proposed meet and confer
  agreement and a document prepared and used by the municipality,
  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
  governing body of the municipality.
         (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. 148.013.  OPEN DELIBERATIONS.  (a)  Deliberations
  relating to a meet and confer agreement or proposed agreement under
  this chapter between representatives of the public employer 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 public employer 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. 148.014.  RATIFICATION AND ENFORCEABILITY OF
  AGREEMENT.  (a) An agreement under this chapter is enforceable and
  binding on the public employer, the recognized employee
  association, and the employees covered by the meet and confer
  agreement only if:
               (1)  the governing body of the municipality 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 voted in the election and 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 municipality 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. 148.015.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
  OPERATE UNDER THIS CHAPTER.  (a) The governing body of a
  municipality that granted recognition of an employee association
  under Section 148.004 without conducting an election under Section
  148.006 may withdraw recognition of the association by providing to
  the association not less than 90 days' written notice that:
               (1)  the governing body is withdrawing recognition of
  the association; and
               (2)  any agreement between the governing body and the
  association will not be renewed.
         (b)  The governing body of a municipality that granted
  recognition of an employee association after conducting an election
  under Section 148.006 may order an election to determine whether a
  public employer may continue to meet and confer under this chapter.
  The governing body may not order an election under this subsection
  until the second anniversary of the date of the election under
  Section 148.006.
         (c)  An election ordered under Subsection (b) must be held as
  part of the next regularly scheduled general election for municipal
  officers that occurs after the date the governing body of the
  municipality 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 municipality) to continue to
  operate under the state law allowing a municipality to meet and
  confer and make agreements with the association representing
  municipal 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
  municipality 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
  employee association may not submit a petition for recognition to
  the governing body of the municipality under Section 148.004 before
  the second anniversary of the date of the election.
         Sec. 148.016.  ELECTION TO REPEAL AGREEMENT.  (a) Not later
  than the 45th day after the date a meet and confer agreement is
  ratified by the governing body of the municipality 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 municipality 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
  governing body of the municipality 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
  municipality or at a special election called by the governing body
  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 governing body of the municipality) and the _____ (name
  of the recognized municipal 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. 148.017.  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 ordinances, executive
  orders, civil service provisions, or rules adopted by this state or
  a political subdivision or agent of this state, including a
  personnel board, civil service commission, or home-rule
  municipality, other than a statute, ordinance, executive order,
  civil service provision, or rule regarding pensions or
  pension-related matters.
         Sec. 148.018.  ARBITRATION. The governing body of a
  municipality may submit to interest arbitration any issues that
  were the subject of negotiation between the municipality and the
  employee association. An award or decision by an arbitrator is not
  binding on the municipality until it is adopted by the
  municipality's governing body.
         SECTION 2.  This Act takes effect September 1, 2011.