89R10140 JBD-D

By: Walle H.B. No. 3648

A BILL TO BE ENTITLED

AN ACT

relating to local control of the employment matters of sheriff's department employees 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 SHERIFF'S

DEPARTMENT EMPLOYEES 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) "Department employee" means an employee of a sheriff's department. The term does not include the sheriff.

(2) "Department employee group" means an organization:

(A) in which, on or before September 1, 2025, at least three percent of the employees of a sheriff's department for a county 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 county concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment affecting department employees.

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 recognized department employee group in the county.

(b) The meet and confer team represents all department employees in the county and shall negotiate with the county in an effort to reach an agreement on concerns shared by the employees 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 employees 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 paid by the department employee group.

(e) A county may designate one or more persons to meet and confer on the entity'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 department employees, excluding each person exempt from the civil service system as provided by Section 158.038, that requests recognition of the meet and confer team as the sole and exclusive bargaining agent for all the department employees of the county, 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; or

(2) order a certification election under Section 162.005 to determine whether the meet and confer team represents a majority of department employees.

(b) If a commissioners court orders a certification election under Subsection (a)(2) and the meet and confer team is certified to represent a majority of department employees, the court shall, not later than the 30th day after the date that results of that election are certified, 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.

Sec. 162.005. CERTIFICATION ELECTION. (a) Except as provided by Subsection (b), a certification election ordered under Section 162.004(a)(2) to determine whether the meet and confer team represents a majority of department 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) Certification of the results of an election under this section resolves the question concerning representation.

(d) The meet and confer team is liable for the expenses of the certification election.

Sec. 162.006. WITHDRAWAL OF RECOGNITION. (a) Department employees 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 department employees stating:

(1) whether the employees wish to withdraw recognition of the meet and confer team; and

(2) whether the employees wish to certify a new meet and confer team.

(b) The commissioners court shall order a certification election in accordance with Section 162.005 regarding whether to do so.

(c) If a replacement meet and confer team is requested under Subsection (a)(2), a certification election held in accordance with Section 162.005 shall be held to determine whether the new meet and confer team will be recognized, and that certification election may be held simultaneously with the certification election required under Subsection (b).

(d) The meet and confer team that seeks to be recognized is liable for the expenses of the certification election.

(e) If a majority of department employees vote to have the recognition of a meet and confer team withdrawn, the county shall withdraw recognition of the meet and confer team.

Sec. 162.007. RECOGNITION OF MEET AND CONFER TEAM. (a) 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 department employees, excluding the employees exempt under Subsection (b), in accordance with this chapter and the petition.

(b) For the purposes of Subsection (a), exempt employees are:

(1) persons exempt from the civil service system as provided by Section 158.038; or

(2) persons exempted by mutual agreement between the sheriff's department and the department employee group.

(c) The county shall recognize the meet and confer team until recognition of the meet and confer team is withdrawn in accordance with Section 162.006 by a majority of department employees who are eligible to sign a petition for recognition.

Sec. 162.008. 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 department employees 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) Department employees may not engage in strikes against this state or a political subdivision of this state. A department employee who participates in a strike forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges the employee 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 department employee from conferring with members of the commissioners court or sheriff's department about conditions, compensation, rights, privileges, or obligations of employment.

Sec. 162.009. PAYROLL DUES DEDUCTIONS. The county may not prevent automatic payroll deductions for dues paid to a department employee group that has been recognized as a meet and confer team.

Sec. 162.010. RECORDS AND MEETINGS. (a) An agreement made under this chapter and any document prepared and used by the county in connection with the agreement, except for materials created during a commissioners court executive session and notes that are otherwise confidential, are subject to disclosure under Chapter 552, Government Code, but only after the agreement is ratified by the 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. 162.011. 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, the department employee group, and the department employees covered by the agreement if:

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

(2) the agreement is ratified under Section 162.012.

(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. 162.012. 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 the members of the meet and confer team.

(b) All department employees 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 department employee who is not a member of a department employee group may be assessed a fee for any cost associated with casting the employee's vote.

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

(f) The meet and confer team is liable for the expenses of the election.

Sec. 162.013. 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 department employees under Section 162.012, 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 call an election to determine whether to repeal the agreement.

(c) An election called under Subsection (b) 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 employees of the sheriff's department of __________ (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. 162.014. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a) This chapter may not be construed to repeal any existing benefit provided by statute or ordinance concerning department employees' 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 department employee to endorse or dissent from any agreement.

SECTION 2. This Act takes effect September 1, 2025.