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A BILL TO BE ENTITLED
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AN ACT
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relating to separate negotiations regarding employment matters for |
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police officers and firefighters in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 147, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER [AND POLICE OFFICER] |
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EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE |
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MILLION OR MORE |
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SECTION 2. Sections 147.003(a), (b), (c), and (d), Local |
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Government Code, are amended to read as follows: |
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(a) A meet and confer team is created under this section and |
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consists of [the following members:
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[(1)] members representing the firefighter employee |
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groups in the municipality, provided each group may appoint only |
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one firefighter of the municipality to serve as a member of the team |
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[; and
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[(2)
members representing the police officer employee
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groups in the municipality, provided each group may appoint only
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one police officer of the municipality to serve as a member of the
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team]. |
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(b) The meet and confer team represents all firefighters |
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[and police officers] in the municipality and shall negotiate with |
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the municipality in an effort to reach an agreement on concerns |
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shared by the firefighters [and police officers] regarding terms of |
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employment, including concerns relating to wages, benefits, and |
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other working conditions but excluding concerns relating to |
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pensions. Only the meet and confer team created under this section |
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may represent the firefighters [or police officers] of the |
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municipality in the capacity described by this subsection, except |
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that the team may be accompanied by legal counsel. |
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(c) Concerns relating to affirmative action, employment |
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discrimination, hiring, and promotions may be discussed by |
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individual firefighter [and police officer] associations |
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independent of the meet and confer team. |
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(d) Expenses associated with the meet and confer team must |
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be divided pro rata among each firefighter employee group [and
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police officer employee group] based on the number of sworn fire [or
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police] department members represented by each group. |
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SECTION 3. Section 147.0031, Local Government Code, is |
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amended to read as follows: |
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Sec. 147.0031. PETITION FOR RECOGNITION: ELECTION OR ACTION |
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BY GOVERNING BODY. (a) Not later than the 30th day after the date |
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the governing body of a municipality receives from the meet and |
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confer team a petition signed by a majority of all [police officers
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and a majority of all] firefighters, excluding the head of the |
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[police department, the head of the] fire department [,] and other |
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excluded employees as described by Section 147.0035(b), that |
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requests recognition of the meet and confer team as the sole and |
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exclusive bargaining agent for all the [police officers and] |
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|
firefighters employed by the municipality, excluding the head of |
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|
the [police department, the head of the] fire department [,] and |
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|
other excluded employees as described by Section 147.0035(b), the |
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governing body shall: |
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(1) grant recognition of the meet and confer team as |
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requested in the petition and determine by majority vote that the |
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municipality may meet and confer under this chapter without |
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conducting an election by the voters in the municipality under |
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Section 147.0033; |
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(2) defer granting recognition of the meet and confer |
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team and order an election by the voters in the municipality under |
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|
Section 147.0033 regarding whether the municipality may meet and |
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|
confer under this chapter; or |
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(3) order a certification election under Section |
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147.0032 to determine whether the employee groups in the meet and |
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confer team represent a majority of the covered [police officers
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and a majority of the covered] firefighters. |
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(b) If the governing body of a municipality orders a |
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|
certification election under Subsection (a)(3) and the employee |
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groups that are part of the meet and confer team are certified to |
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represent a majority of the covered [police officers and a majority
|
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|
of the covered] firefighters, the governing body shall, not later |
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than the 30th day after the date that results of that election are |
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certified: |
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(1) grant recognition of the meet and confer team as |
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requested in the petition for recognition and determine by majority |
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|
vote that the municipality may meet and confer under this chapter |
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without conducting an election by the voters in the municipality |
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under Section 147.0033; or |
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(2) defer granting recognition of the meet and confer |
|
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team and order an election by the voters in the municipality under |
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|
Section 147.0033 regarding whether a public employer may meet and |
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confer under this chapter. |
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SECTION 4. Section 147.0032(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), a certification |
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election ordered under Section 147.0031(a)(3) to determine whether |
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the employee groups in the meet and confer team represent a majority |
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of the covered [police officers and a majority of the covered] |
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|
firefighters shall be conducted according to procedures agreeable |
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to the parties. |
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SECTION 5. Section 147.0033(c), Local Government Code, is |
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amended to read as follows: |
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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 |
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|
proposition: "Authorizing __________ (name of the municipality) |
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|
to operate under the state law allowing a municipality to meet and |
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|
confer and make agreements with the meet and confer team |
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|
representing municipal [police officers and] firefighters 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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SECTION 6. Section 147.0034(a), Local Government Code, is |
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|
amended to read as follows: |
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(a) The [police officers and] firefighters may withdraw the |
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|
recognition of the meet and confer team granted under this chapter |
|
|
by filing with the governing body of the municipality a petition |
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|
signed by a majority of all covered [police officers and a majority
|
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of all covered] firefighters. |
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SECTION 7. Section 147.0035, Local Government Code, is |
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|
amended to read as follows: |
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Sec. 147.0035. RECOGNITION OF MEET AND CONFER TEAM. (a) A |
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public employer in a municipality that chooses to meet and confer |
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under this chapter shall recognize the meet and confer team that is |
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|
recognized under Section 147.0031 or 147.0033 as the sole and |
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|
exclusive bargaining agent for the [police officers and] |
|
|
firefighters, excluding the head of the [police department, head of
|
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|
the] fire department [,] and the employees exempt under Subsection |
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|
(b), in accordance with this chapter and the petition. |
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|
(b) For the purposes of Subsection (a), exempt employees are |
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|
employees appointed by the head of the [police department or] fire |
|
|
department in the classification immediately below that of |
|
|
department head or that are exempt by the mutual agreement of the |
|
|
meet and confer team and the municipality. |
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(c) The municipality shall recognize the meet and confer |
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team until recognition of the meet and confer team is withdrawn in |
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accordance with Section 147.0034 by a majority of the [police
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officers and a majority of the] firefighters who are eligible to |
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sign a petition for recognition. |
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SECTION 8. Sections 147.004(a), (c), and (d), Local |
|
|
Government Code, are amended to read as follows: |
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|
(a) A municipality may not be denied local control over the |
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|
wages, salaries, rates of pay, hours of work, and other terms of |
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|
employment, or other state-mandated personnel issues, if the |
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|
municipality and the meet and confer team recognized under Section |
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|
147.0031 or 147.0033 as the sole and exclusive bargaining agent for |
|
|
the covered [police officers and] firefighters come to a mutual |
|
|
agreement on any of the terms of employment. If an agreement is not |
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reached, the state laws, local ordinances, and civil service rules |
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|
remain unaffected. All agreements shall be written. Nothing in |
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this chapter requires either party to meet and confer on any issue |
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or reach an agreement. |
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(c) Firefighters [and police officers] of a municipality |
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|
may not engage in strikes against this state or a political |
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|
subdivision of this state. A firefighter [or police officer] who |
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|
participates in a strike forfeits all civil service rights, |
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|
reemployment rights, and any other rights, benefits, or privileges |
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|
the firefighter [or police officer] enjoys as a result of |
|
|
employment or prior employment. |
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(d) In this section, "strike" means failing to report for |
|
|
duty in concerted action with others, wilfully being absent from an |
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|
assigned position, stopping work, abstaining from the full, |
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|
faithful, and proper performance of the duties of employment, or |
|
|
interfering with the operation of a municipality. However, this |
|
|
section does not prohibit a firefighter [or police officer] from |
|
|
conferring with members of the municipal governing body about |
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|
conditions, compensation, rights, privileges, or obligations of |
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|
employment. |
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SECTION 9. Section 147.005, Local Government Code, is |
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|
amended to read as follows: |
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|
Sec. 147.005. PAYROLL DUES DEDUCTIONS. The municipality |
|
|
may not prevent automatic payroll deductions for dues paid to a |
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|
firefighter employee group [or police officer employee group]. |
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|
SECTION 10. Section 147.007(a), Local Government Code, is |
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|
amended to read as follows: |
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(a) A written agreement made under this chapter between a |
|
|
municipality and the meet and confer team is enforceable and |
|
|
binding on the municipality, the meet and confer team, firefighter |
|
|
employee groups, [police officer employee groups,] and the |
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|
firefighters [and police officers] covered by the agreement if: |
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|
(1) the municipality's governing body ratified the |
|
|
agreement by a majority vote; and |
|
|
(2) the agreement is ratified under Section 147.008. |
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|
SECTION 11. Sections 147.008(b) and (d), Local Government |
|
|
Code, are amended to read as follows: |
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|
(b) All firefighters [and police officers] of the |
|
|
municipality are eligible to vote in the election. |
|
|
(d) A firefighter [or police officer] who is not a member of |
|
|
a firefighter employee group [or a police officer employee group] |
|
|
may be assessed a fee for any cost associated with casting the |
|
|
firefighter's [or police officer's] vote. |
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|
SECTION 12. Section 147.009(d), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(d) The ballot for an election ordered under Subsection (b) |
|
|
shall be printed to allow 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 meet and confer team |
|
|
representing municipal [police officers and] firefighters as |
|
|
provided by state law, preserving the prohibition against strikes |
|
|
and organized work stoppages, and providing penalties for strikes |
|
|
and organized work stoppages." |
|
|
SECTION 13. Chapter 147, Local Government Code, is amended |
|
|
by adding Section 147.0091 to read as follows: |
|
|
Sec. 147.0091. TEMPORARY PROVISION: ACTION TO WITHDRAW |
|
|
RECOGNITION OF POLICE OFFICER AND FIREFIGHTER MEET AND CONFER TEAM |
|
|
UNDER THIS CHAPTER. (a) Notwithstanding Sections 147.009(b) |
|
|
through (g), the governing body of a municipality that granted |
|
|
recognition of a meet and confer team as the sole and exclusive |
|
|
bargaining agent of all police officers and firefighters under |
|
|
Section 147.0031 before September 1, 2015, shall, not later than |
|
|
September 30, 2015, withdraw recognition of the meet and confer |
|
|
team by providing to the meet and confer team written notice that: |
|
|
(1) pursuant to __.B. No. __, Acts of the 84th |
|
|
Legislature, Regular Session, 2015, the governing body is |
|
|
withdrawing recognition of the meet and confer team; and |
|
|
(2) any agreement between the governing body and the |
|
|
meet and confer team will not be renewed. |
|
|
(b) This section expires September 1, 2025. |
|
|
SECTION 14. Sections 147.010(a) and (c), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(a) Not later than the 60th day after the date a meet and |
|
|
confer agreement is ratified by the governing body of the |
|
|
municipality and the firefighters [and police officers] under |
|
|
Section 147.008, a petition calling for the repeal of the agreement |
|
|
signed by a number of registered voters residing in the |
|
|
municipality equal to at least 10 percent of the votes cast at the |
|
|
most recent general election held in the municipality may be |
|
|
presented to the person charged with ordering an election under |
|
|
Section 3.004, Election Code. |
|
|
(c) An election called under Subsection (b)(2) may be held |
|
|
as part of the next regularly scheduled general election for the |
|
|
municipality. 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 __________ (name of the governing body of the municipality) and |
|
|
the [police officers and] firefighters employed by the City of |
|
|
__________ (name of municipality) concerning wages, salaries, |
|
|
rates of pay, hours of work, and other terms of employment." |
|
|
SECTION 15. Section 147.011, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 147.011. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a) |
|
|
This chapter may not be construed to repeal any existing benefit |
|
|
provided by statute or ordinance concerning [police officers' or] |
|
|
firefighters' compensation, pensions, retirement plans, hours of |
|
|
work, conditions of employment, or other emoluments except as |
|
|
expressly provided in a ratified meet and confer agreement. This |
|
|
chapter is in addition to the benefits provided by existing |
|
|
statutes and ordinances. |
|
|
(b) This chapter may not be construed to interfere with the |
|
|
free speech right, guaranteed by the First Amendment to the United |
|
|
States Constitution, of an individual firefighter [or a police
|
|
|
officer] to endorse or dissent from any agreement. |
|
|
SECTION 16. Subtitle A, Title 5, Local Government Code, is |
|
|
amended by adding Chapter 148 to read as follows: |
|
|
CHAPTER 148. LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS IN |
|
|
CERTAIN MUNICIPALITIES WITH POPULATION OF ONE MILLION OR MORE |
|
|
Sec. 148.001. APPLICABILITY. This chapter applies only to |
|
|
a municipality with a population of one million or more, but does |
|
|
not apply to a municipality that has adopted Chapter 143 or 174. |
|
|
Sec. 148.002. DEFINITIONS. In this chapter: |
|
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(1) "Police officer" means a sworn police officer |
|
|
employed by the municipality who is covered by the municipality's |
|
|
police pension plan and is classified by the municipality as |
|
|
nonexempt. The term does not include a police officer with a rank |
|
|
above that of captain, a civilian, or a municipal marshal. |
|
|
(2) "Police officer employee group" means an |
|
|
organization: |
|
|
(A) in which, on or before September 1, 2007, at |
|
|
least three percent of the police officers of the municipality have |
|
|
participated and paid dues via automatic payroll deduction; and |
|
|
(B) that exists for the purpose, in whole or in |
|
|
part, of dealing with the municipality concerning grievances, labor |
|
|
disputes, wages, rates of pay, hours of employment, or conditions |
|
|
of employment affecting police officers. |
|
|
Sec. 148.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) A |
|
|
meet and confer team is created under this section and consists of |
|
|
members representing the police officer employee groups in the |
|
|
municipality, provided each group may appoint only one police |
|
|
officer of the municipality to serve as a member of the team. |
|
|
(b) The meet and confer team represents all police officers |
|
|
in the municipality and shall negotiate with the municipality in an |
|
|
effort to reach an agreement on concerns shared by the police |
|
|
officers regarding terms of employment, including concerns |
|
|
relating to wages, benefits, and other working conditions but |
|
|
excluding concerns relating to pensions. Only the meet and confer |
|
|
team created under this section may represent the police officers |
|
|
of the municipality in the capacity described by this subsection, |
|
|
except that the team may be accompanied by a representative of the |
|
|
team's choosing to assist with the negotiation process. |
|
|
(c) Concerns relating to affirmative action, employment |
|
|
discrimination, hiring, and promotions may be discussed by |
|
|
individual police officer associations independent of the meet and |
|
|
confer team. |
|
|
(d) Expenses associated with the meet and confer team must |
|
|
be divided pro rata among each police officer employee group based |
|
|
on the number of sworn police department members represented by |
|
|
each group. |
|
|
(e) A municipality may designate one or more persons to meet |
|
|
and confer on the municipality's behalf. |
|
|
Sec. 148.0031. 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 the meet and |
|
|
confer team a petition signed by a majority of all police officers, |
|
|
excluding the head of the police department and other excluded |
|
|
employees as described by Section 148.0035(b), that requests |
|
|
recognition of the meet and confer team as the sole and exclusive |
|
|
bargaining agent for all the police officers employed by the |
|
|
municipality, excluding the head of the police department and other |
|
|
excluded employees as described by Section 148.0035(b), the |
|
|
governing body shall: |
|
|
(1) grant recognition of the meet and confer team as |
|
|
requested in the petition and determine by majority vote that the |
|
|
municipality may meet and confer under this chapter without |
|
|
conducting an election by the voters in the municipality under |
|
|
Section 148.0033; |
|
|
(2) defer granting recognition of the meet and confer |
|
|
team and order an election by the voters in the municipality under |
|
|
Section 148.0033 regarding whether the municipality may meet and |
|
|
confer under this chapter; or |
|
|
(3) order a certification election under Section |
|
|
148.0032 to determine whether the employee groups in the meet and |
|
|
confer team represent a majority of the covered police officers. |
|
|
(b) If the governing body of a municipality orders a |
|
|
certification election under Subsection (a)(3) and the employee |
|
|
groups that are part of the meet and confer team are certified to |
|
|
represent a majority of the covered police officers, the governing |
|
|
body shall, not later than the 30th day after the date that results |
|
|
of that election are certified: |
|
|
(1) grant recognition of the meet and confer team as |
|
|
requested in the petition for recognition and determine by majority |
|
|
vote that the municipality may meet and confer under this chapter |
|
|
without conducting an election by the voters in the municipality |
|
|
under Section 148.0033; or |
|
|
(2) defer granting recognition of the meet and confer |
|
|
team and order an election by the voters in the municipality under |
|
|
Section 148.0033 regarding whether a public employer may meet and |
|
|
confer under this chapter. |
|
|
Sec. 148.0032. CERTIFICATION ELECTION. (a) Except as |
|
|
provided by Subsection (b), a certification election ordered under |
|
|
Section 148.0031(a)(3) to determine whether the employee groups in |
|
|
the meet and confer team represent a majority of the covered police |
|
|
officers 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) Certification of the results of an election under this |
|
|
section resolves the question concerning representation. |
|
|
(d) Each employee group in the meet and confer team is |
|
|
liable for the expenses of the certification election for the |
|
|
employees the group represents. |
|
|
Sec. 148.0033. ELECTION TO AUTHORIZE OPERATING UNDER THIS |
|
|
CHAPTER. (a) The governing body of a municipality that receives a |
|
|
petition for recognition under Section 148.0031 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 meet and confer team representing municipal |
|
|
police officers 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, a |
|
|
meet and confer team may not submit a petition for recognition to |
|
|
the governing body of the municipality under Section 148.0031 |
|
|
before the second anniversary of the date of the election. |
|
|
Sec. 148.0034. WITHDRAWAL OF RECOGNITION. (a) The police |
|
|
officers may withdraw the recognition of the meet and confer team |
|
|
granted under this chapter by filing with the governing body of the |
|
|
municipality a petition signed by a majority of all covered police |
|
|
officers. |
|
|
(b) The governing body of the municipality may: |
|
|
(1) withdraw recognition as provided by the petition; |
|
|
or |
|
|
(2) order a certification election in accordance with |
|
|
Section 148.0032 regarding whether to do so. |
|
|
Sec. 148.0035. RECOGNITION OF MEET AND CONFER TEAM. (a) A |
|
|
public employer in a municipality that chooses to meet and confer |
|
|
under this chapter shall recognize the meet and confer team that is |
|
|
recognized under Section 148.0031 or 148.0033 as the sole and |
|
|
exclusive bargaining agent for the police officers, excluding the |
|
|
head of the police department and the employees exempt under |
|
|
Subsection (b), in accordance with this chapter and the petition. |
|
|
(b) For the purposes of Subsection (a), exempt employees are |
|
|
employees appointed by the head of the police department in the |
|
|
classification immediately below that of department head or that |
|
|
are exempt by the mutual agreement of the meet and confer team and |
|
|
the municipality. |
|
|
(c) The municipality shall recognize the meet and confer |
|
|
team until recognition of the meet and confer team is withdrawn in |
|
|
accordance with Section 148.0034 by a majority of the police |
|
|
officers who are eligible to sign a petition for recognition. |
|
|
Sec. 148.004. GENERAL PROVISIONS RELATING TO AGREEMENTS, |
|
|
RECOGNITION, AND STRIKES. (a) A municipality may not be denied |
|
|
local control over the wages, salaries, rates of pay, hours of work, |
|
|
and other terms of employment, or other state-mandated personnel |
|
|
issues, if the municipality and the meet and confer team recognized |
|
|
under Section 148.0031 or 148.0033 as the sole and exclusive |
|
|
bargaining agent for the covered police officers come to a mutual |
|
|
agreement on any of the terms of employment. If an agreement is not |
|
|
reached, the state laws, local ordinances, and civil service rules |
|
|
remain unaffected. All agreements shall be written. Nothing in |
|
|
this chapter requires either party to meet and confer on any issue |
|
|
or reach an agreement. |
|
|
(b) A municipality may meet and confer only if the meet and |
|
|
confer team does not advocate the illegal right to strike by public |
|
|
employees. |
|
|
(c) Police officers of a municipality may not engage in |
|
|
strikes against this state or a political subdivision of this |
|
|
state. A police officer who participates in a strike forfeits all |
|
|
civil service rights, reemployment rights, and any other rights, |
|
|
benefits, or privileges the police officer enjoys as a result of |
|
|
employment or prior employment. |
|
|
(d) In this section, "strike" means failing to report for |
|
|
duty in concerted action with others, wilfully being absent from an |
|
|
assigned position, stopping work, abstaining from the full, |
|
|
faithful, and proper performance of the duties of employment, or |
|
|
interfering with the operation of a municipality. However, this |
|
|
section does not prohibit a police officer from conferring with |
|
|
members of the municipal governing body about conditions, |
|
|
compensation, rights, privileges, or obligations of employment. |
|
|
Sec. 148.005. PAYROLL DUES DEDUCTIONS. The municipality |
|
|
may not prevent automatic payroll deductions for dues paid to a |
|
|
police officer employee group. |
|
|
Sec. 148.006. RECORDS AND MEETINGS. (a) An agreement made |
|
|
under this chapter is public information for purposes of Chapter |
|
|
552, Government Code. The agreement and any document prepared and |
|
|
used by the municipality in connection with the agreement, except |
|
|
for materials created during a municipality's caucuses and notes |
|
|
that are otherwise privileged by law, are available to the public in |
|
|
accordance with Chapter 552, Government Code, only after the |
|
|
agreement is ratified by both parties. |
|
|
(b) This section does not affect the application of |
|
|
Subchapter C, Chapter 552, Government Code, to a document prepared |
|
|
and used by the municipality in connection with the agreement. |
|
|
Sec. 148.007. ENFORCEABILITY OF AGREEMENT. (a) A written |
|
|
agreement made under this chapter between a municipality and the |
|
|
meet and confer team is enforceable and binding on the |
|
|
municipality, the meet and confer team, police officer employee |
|
|
groups, and the police officers covered by the agreement if: |
|
|
(1) the municipality's governing body ratified the |
|
|
agreement by a majority vote; and |
|
|
(2) the agreement is ratified under Section 148.008. |
|
|
(b) A state district court of the judicial district in which |
|
|
a majority of the population of the municipality is located has full |
|
|
authority and jurisdiction on the application of either party |
|
|
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 any written agreement ratified as required by this |
|
|
chapter. The court may issue proper restraining orders, temporary |
|
|
and permanent injunctions, and any other writ, order, or process, |
|
|
including contempt orders, that are appropriate to enforcing any |
|
|
written agreement ratified as required by this chapter. |
|
|
Sec. 148.008. ELECTION TO RATIFY AGREEMENT. (a) The meet |
|
|
and confer team shall call an election to ratify any agreement |
|
|
reached with the municipality if the agreement has been approved by |
|
|
a unanimous vote of the members of the meet and confer team. |
|
|
(b) All police officers of the municipality are eligible to |
|
|
vote in the election. |
|
|
(c) An agreement may be ratified under this section only if |
|
|
at least 50 percent of the votes cast in the election favor the |
|
|
ratification. |
|
|
(d) A police officer who is not a member of a police officer |
|
|
employee group may be assessed a fee for any cost associated with |
|
|
casting the police officer's vote. |
|
|
(e) The meet and confer team shall establish procedures for |
|
|
the election by unanimous consensus. |
|
|
Sec. 148.009. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO |
|
|
OPERATE UNDER THIS CHAPTER. (a) The governing body of a |
|
|
municipality that granted recognition of a meet and confer team |
|
|
under Section 148.0031 without conducting an election under Section |
|
|
148.0033 may withdraw recognition of the meet and confer team by |
|
|
providing to the meet and confer team not less than 90 days' written |
|
|
notice that: |
|
|
(1) the governing body is withdrawing recognition of |
|
|
the meet and confer team; and |
|
|
(2) any agreement between the governing body and the |
|
|
meet and confer team will not be renewed. |
|
|
(b) The governing body of a municipality that granted |
|
|
recognition of a meet and confer team after conducting an election |
|
|
under Section 148.0033 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 148.0033. |
|
|
(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 allow 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 meet and confer team |
|
|
representing municipal police officers 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, a |
|
|
meet and confer team may not submit a petition for recognition to |
|
|
the governing body of the municipality under Section 148.0031 |
|
|
before the second anniversary of the date of the election. |
|
|
Sec. 148.010. ELECTION TO REPEAL AGREEMENT. (a) Not later |
|
|
than the 60th day after the date a meet and confer agreement is |
|
|
ratified by the governing body of the municipality and the police |
|
|
officers under Section 148.008, a petition calling for the repeal |
|
|
of the agreement signed by a number of registered voters residing in |
|
|
the municipality equal to at least 10 percent of the votes cast at |
|
|
the most recent general election held 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 the governing body 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. 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 |
|
|
__________ (name of the governing body of the municipality) and the |
|
|
police officers employed by the City of __________ (name of |
|
|
municipality) 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. 148.011. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a) |
|
|
This chapter may not be construed to repeal any existing benefit |
|
|
provided by statute or ordinance concerning police officers' |
|
|
compensation, pensions, retirement plans, hours of work, |
|
|
conditions of employment, or other emoluments except as expressly |
|
|
provided in a ratified meet and confer agreement. This chapter is |
|
|
in addition to the benefits provided by existing statutes and |
|
|
ordinances. |
|
|
(b) This chapter may not be construed to interfere with the |
|
|
free speech right, guaranteed by the First Amendment to the United |
|
|
States Constitution, of an individual police officer to endorse or |
|
|
dissent from any agreement. |
|
|
SECTION 17. Sections 147.002(3) and (4), Local Government |
|
|
Code, are repealed. |
|
|
SECTION 18. This Act takes effect September 1, 2015. |