86R5174 JCG-F

By: Walle H.B. No. 3610

A BILL TO BE ENTITLED

AN ACT

relating to local control of the employment matters of officers of the sheriff's department in 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 162 to read as follows:

CHAPTER 162. LOCAL CONTROL OF EMPLOYMENT MATTERS OF OFFICERS IN

SHERIFF'S DEPARTMENT IN CERTAIN COUNTIES

Sec. 162.001. APPLICABILITY. This chapter applies only to a county with a population of 3.3 million or more, but does not apply to a county that has adopted Chapter 174.

Sec. 162.002. DEFINITIONS. In this chapter:

(1) "Sheriff's officer" means a sworn peace officer employed by the county who is covered by the county's pension plan and is classified by the county as nonexempt. The term does not include the sheriff.

(2) "Sheriff's officer employee group" means an organization:

(A) in which at least three percent of the sheriff's officers of the county have participated and paid dues via automatic payroll deduction for at least one year; and

(B) that exists for the purpose, in whole or in part, of dealing with the county concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment affecting sheriff's officers.

Sec. 162.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) A meet and confer team is created under this section and consists of members representing the sheriff's officer employee groups in the county, provided each group may appoint only one sheriff's officer of the county to serve as a member of the team.

(b) The meet and confer team represents all sheriff's officers in the county and shall negotiate with the county in an effort to reach an agreement on concerns shared by the sheriff's 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 sheriff's officers of the county in the capacity described by this subsection, except that the team may be accompanied by legal counsel.

(c) Concerns relating to affirmative action, employment discrimination, hiring, and promotions may be discussed by individual sheriff's 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 sheriff's officer employee group based on the number of sheriff's department members represented by each group.

(e) A county may designate one or more persons to meet and confer on the county's behalf.

Sec. 162.004. PETITION FOR RECOGNITION: ELECTION OR ACTION BY GOVERNING BODY. (a) Not later than the 30th day after the date a commissioners court receives from the meet and confer team a petition signed by a majority of all sheriff's officers, excluding the sheriff and other excluded employees as described by Section 162.008(b), that requests recognition of the meet and confer team as the sole and exclusive bargaining agent for all the sheriff's officers employed by the county, excluding the sheriff and other excluded employees as described by Section 162.008(b), the commissioners court shall:

(1) grant recognition of the meet and confer team as requested in the petition and determine by majority vote that the county may meet and confer under this chapter without conducting an election by the voters in the county under Section 162.006;

(2) defer granting recognition of the meet and confer team and order an election by the voters in the county under Section 162.006 regarding whether the county may meet and confer under this chapter; or

(3) order a certification election under Section 162.005 to determine whether the employee groups in the meet and confer team represent a majority of the covered sheriff's officers.

(b) If a commissioners court 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 sheriff's officers, the court 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 county may meet and confer under this chapter without conducting an election by the voters in the county under Section 162.006; or

(2) defer granting recognition of the meet and confer team and order an election by the voters in the county under Section 162.006 regarding whether a public employer may meet and confer under this chapter.

Sec. 162.005. CERTIFICATION ELECTION. (a) Except as provided by Subsection (b), a certification election ordered under Section 162.004(a)(3) to determine whether the employee groups in the meet and confer team represent a majority of the covered sheriff's 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. 162.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS CHAPTER. (a) A commissioners court that receives a petition for recognition under Section 162.004 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 state and county officers under Section 41.002, Election Code, that is held after the date the commissioners court 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 county) to operate under the state law allowing a county to meet and confer and make agreements with the meet and confer team representing sheriff's 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 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, a meet and confer team may not submit a petition for recognition to the commissioners court under Section 162.004 before the second anniversary of the date of the election.

Sec. 162.007. WITHDRAWAL OF RECOGNITION. (a) The sheriff's officers may withdraw the recognition of the meet and confer team granted under this chapter by filing with the commissioners court a petition signed by a majority of all covered sheriff's officers.

(b) The commissioners court may:

(1) withdraw recognition as provided by the petition; or

(2) order a certification election in accordance with Section 162.005 regarding whether to do so.

Sec. 162.008. RECOGNITION OF MEET AND CONFER TEAM. (a) A public employer in a county that chooses to meet and confer under this chapter shall recognize the meet and confer team that is recognized under Section 162.004 or 162.006 as the sole and exclusive bargaining agent for the sheriff's officers, excluding the sheriff 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 sheriff in the classification immediately below that of sheriff or that are exempt by the mutual agreement of the meet and confer team and the county.

(c) The county shall recognize the meet and confer team until recognition of the meet and confer team is withdrawn in accordance with Section 162.007 by a majority of the sheriff's officers who are eligible to sign a petition for recognition.

Sec. 162.009. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES. (a) A county 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 county and the meet and confer team recognized under Section 162.004 or 162.006 as the sole and exclusive bargaining agent for the covered sheriff's 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 must be written. Nothing in this chapter requires either party to meet and confer on any issue or reach an agreement.

(b) A county may meet and confer only if the meet and confer team does not advocate the illegal right to strike by public employees.

(c) Sheriff's officers of a county may not engage in strikes against this state or a political subdivision of this state. A sheriff's officer who participates in a strike forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges the 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 county. This section does not prohibit a sheriff's officer from conferring with members of the commissioners court about conditions, compensation, rights, privileges, or obligations of employment.

Sec. 162.010. PAYROLL DUES DEDUCTIONS. The county may not prevent automatic payroll deductions for dues paid to a sheriff's officer employee group.

Sec. 162.011. 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 county in connection with the agreement, except for materials created during a county'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 county in connection with the agreement.

Sec. 162.012. ENFORCEABILITY OF AGREEMENT. (a) A written agreement made under this chapter between a county and the meet and confer team is enforceable and binding on the county, the meet and confer team, sheriff's officer employee groups, and the sheriff's officers covered by the agreement if:

(1) the commissioners court ratified the agreement by a majority vote; and

(2) the agreement is ratified under Section 162.013.

(b) A state district court of the judicial district in which a majority of the population of the county 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. 162.013. ELECTION TO RATIFY AGREEMENT. (a) The meet and confer team shall call an election to ratify any agreement reached with the county if the agreement has been approved by a five-sevenths vote of the members of the meet and confer team.

(b) All sheriff's officers of the county are eligible to vote in the election.

(c) An agreement may be ratified under this section only if at least 65 percent of the votes cast in the election favor the ratification.

(d) A sheriff's officer who is not a member of a sheriff's officer employee group may be assessed a fee for any cost associated with casting the sheriff's officer's vote.

(e) The meet and confer team by unanimous consensus shall establish procedures for the election.

Sec. 162.014. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS CHAPTER. (a) A commissioners court that granted recognition of a meet and confer team under Section 162.004 without conducting an election under Section 162.006 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 commissioners court is withdrawing recognition of the meet and confer team; and

(2) any agreement between the commissioners court and the meet and confer team will not be renewed.

(b) A commissioners court that granted recognition of a meet and confer team after conducting an election under Section 162.006 may order an election to determine whether a public employer may continue to meet and confer under this chapter. The commissioners court may not order an election under this subsection until the second anniversary of the date of the election under Section 162.006.

(c) An election ordered under Subsection (b) must be held as part of the next regularly scheduled general election for state and county officers under Section 41.002, Election Code, that occurs after the date the commissioners court 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 county) to continue to operate under the state law allowing a county to meet and confer and make agreements with the meet and confer team representing sheriff's 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 county 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 commissioners court under Section 162.004 before the second anniversary of the date of the election.

Sec. 162.015. ELECTION TO REPEAL AGREEMENT. (a) Not later than the 60th day after the date a meet and confer agreement is ratified by the commissioners court and the sheriff's officers under Section 162.013, a petition calling for the repeal of the agreement signed by a number of registered voters residing in the county equal to at least 10 percent of the votes cast at the most recent general election held in the county 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 commissioners court shall:

(1) repeal the meet and confer agreement; or

(2) certify that the commissioners court 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 county. 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 of __________ (name of the county) and the sheriff's officers employed by __________ (name of county) 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. 162.016. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a) This chapter may not be construed to repeal any existing benefit provided by statute or ordinance concerning sheriff's 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 sheriff's officer to endorse or dissent from any agreement.

SECTION 2. This Act takes effect September 1, 2019.