Texas 2009 - 81st Regular

Texas House Bill HB1173 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3334 SLB-F
2	2	By: Dukes H.B. No. 1173
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of certain municipalities to maintain local
8	8	control over wages, hours, and other terms and conditions of
9	9	employment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 146, Local Government Code, is amended
12	12	by designating Sections 146.001, 146.002, 146.003, 146.004,
13	13	146.005, 146.006, 146.007, 146.008, 146.009, 146.010, 146.011,
14	14	146.012, 146.013, 146.014, 146.015, 146.016, and 146.017 as
15	15	Subchapter A and adding a subchapter heading to read as follows:
16	16	SUBCHAPTER A. MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE
17	17	SECTION 2. Sections 146.001 through 146.004, Local
18	18	Government Code, are amended to read as follows:
19	19	Sec. 146.001. APPLICABILITY. (a) This subchapter
20	20	[chapter] applies only to a municipality with a population of 1.5
21	21	million or more.
22	22	(b) This subchapter [chapter] does not apply to:
23	23	(1) firefighters or police officers who are covered by
24	24	Subchapter H, I, or J of Chapter 143 or by Chapter 174; or
25	25	(2) an employee association in which those employees
26	26	participate.
27	27	Sec. 146.002. DEFINITIONS. In this subchapter [chapter]:
28	28	(1) "Covered employee" means an employee of a
29	29	municipality, other than a department head or a firefighter or
30	30	police officer who is covered by Subchapter H, I, or J of Chapter
31	31	143 or by Chapter 174.
32	32	(2) "Employee association" means an organization in
33	33	which municipal employees participate and that exists for the
34	34	purpose, wholly or partly, of dealing with one or more employers,
35	35	whether public or private, concerning grievances, labor disputes,
36	36	wages, rates of pay, hours of employment, or conditions of work
37	37	affecting public employees and whose members pay dues by means of an
38	38	automatic payroll deduction.
39	39	(3) "Public employer" means any municipality or
40	40	agency, board, commission, or political subdivision controlled by a
41	41	municipality that is required to establish the wages, salaries,
42	42	rates of pay, hours, working conditions, and other terms and
43	43	conditions of employment of public employees. The term may
44	44	include, under appropriate circumstances, a mayor, manager,
45	45	administrator of a municipality, municipal governing body,
46	46	director of personnel, personnel board, or one or more other
47	47	officials regardless of the name by which they are designated.
48	48	Sec. 146.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
49	49	RECOGNITION. (a) A municipality may not be denied local control
50	50	over the wages, salaries, rates of pay, hours of work, other terms
51	51	and conditions of employment, or other state-mandated personnel
52	52	issues. A public employer may enter into a mutual agreement
53	53	governing these issues with an employee association recognized
54	54	under this subchapter [chapter] as the sole and exclusive
55	55	bargaining agent for all covered employees that does not advocate
56	56	the illegal right to strike by municipal employees. The applicable
57	57	statutes, local ordinances, and civil service rules govern a term
58	58	or condition of employment on which the public employer and the
59	59	association do not agree.
60	60	(b) An agreement under this subchapter [chapter] must be
61	61	written.
62	62	(c) This subchapter [chapter] does not require the public
63	63	employer and the recognized employee association to meet and confer
64	64	or reach an agreement on any issue.
65	65	(d) This subchapter [chapter] does not authorize an
66	66	agreement regarding pension or pension-related matters governed by
67	67	Chapter 88 (H.B. 1573), Acts of the 77th Legislature, Regular
68	68	Session, 2001 (Article 6243h, Vernon's Texas Civil Statutes)
69	69	[Chapter 358, Acts of the 48th Legislature, Regular Session, 1943
70	70	(Article 6243g, Vernon's Texas Civil Statues)], or a successor
71	71	statute.
72	72	Sec. 146.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
73	73	BY GOVERNING BODY. (a) Not later than the 30th day after the date
74	74	the governing body of a municipality receives from an employee
75	75	association a petition signed by the majority of all covered
76	76	employees that requests recognition of the association as the sole
77	77	and exclusive bargaining agent for all the covered employees, the
78	78	governing body shall:
79	79	(1) grant recognition of the association as requested
80	80	in the petition and find that a public employer may meet and confer
81	81	under this subchapter [chapter] without conducting an election by
82	82	the voters in the municipality under Section 146.006;
83	83	(2) defer granting recognition of the association and
84	84	order an election by the voters in the municipality under Section
85	85	146.006 regarding whether a public employer may meet and confer
86	86	under this subchapter [chapter]; or
87	87	(3) order a certification election under Section
88	88	146.005 to determine whether the association represents a majority
89	89	of the covered employees.
90	90	(b) If the governing body of a municipality orders a
91	91	certification election under Subsection (a)(3) and the association
92	92	named in the petition is certified to represent a majority of the
93	93	covered employees, the governing body shall, not later than the
94	94	30th day after the date that results of that election are certified:
95	95	(1) grant recognition of the association as requested
96	96	in the petition for recognition and find that a public employer may
97	97	meet and confer under this subchapter [chapter] without conducting
98	98	an election by the voters in the municipality under Section
99	99	146.006; or
100	100	(2) defer granting recognition of the association and
101	101	order an election by the voters in the municipality under Section
102	102	146.006 regarding whether a public employer may meet and confer
103	103	under this subchapter [chapter].
104	104	SECTION 3. The heading to Section 146.006, Local Government
105	105	Code, is amended to read as follows:
106	106	Sec. 146.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
107	107	SUBCHAPTER [CHAPTER].
108	108	SECTION 4. Sections 146.006(a) and (e), Local Government
109	109	Code, are amended to read as follows:
110	110	(a) The governing body of a municipality that receives a
111	111	petition for recognition under Section 146.004 may order an
112	112	election to determine whether a public employer may meet and confer
113	113	under this subchapter [chapter].
114	114	(e) If an election authorized under this section is held,
115	115	the municipality may operate under the other provisions of this
116	116	subchapter [chapter] only if a majority of the votes cast at the
117	117	election favor the proposition.
118	118	SECTION 5. Section 146.007(a), Local Government Code, is
119	119	amended to read as follows:
120	120	(a) The municipal employees may modify or change the
121	121	recognition of the employee association granted under this
122	122	subchapter [chapter] by filing with the governing body of the
123	123	municipality a petition signed by a majority of all covered
124	124	employees.
125	125	SECTION 6. Section 146.009(a), Local Government Code, is
126	126	amended to read as follows:
127	127	(a) A public employer in a municipality that chooses to meet
128	128	and confer under this subchapter [chapter] shall recognize an
129	129	association that is recognized under Section 146.004 or 146.005 as
130	130	the sole and exclusive bargaining agent for the covered employees.
131	131	SECTION 7. Section 146.011, Local Government Code, is
132	132	amended to read as follows:
133	133	Sec. 146.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
134	134	confer agreement ratified under this subchapter [chapter] may not
135	135	interfere with the right of a member of a bargaining unit to pursue
136	136	allegations of discrimination based on race, creed, color, national
137	137	origin, religion, age, sex, or disability with the Texas Workforce
138	138	Commission civil rights division or the federal Equal Employment
139	139	Opportunity Commission or to pursue affirmative action litigation.
140	140	SECTION 8. Section 146.013(a), Local Government Code, is
141	141	amended to read as follows:
142	142	(a) Deliberations relating to a meet and confer agreement or
143	143	proposed agreement under this subchapter [chapter] between
144	144	representatives of the public employer and representatives of the
145	145	employee association recognized under this subchapter [chapter] as
146	146	the sole and exclusive bargaining agent for the covered employees
147	147	must be open to the public and comply with state law.
148	148	SECTION 9. Section 146.014(a), Local Government Code, is
149	149	amended to read as follows:
150	150	(a) An agreement under this subchapter [chapter] is
151	151	enforceable and binding on the public employer, the recognized
152	152	employee association, and the employees covered by the meet and
153	153	confer agreement only if:
154	154	(1) the governing body of the municipality ratified
155	155	the agreement by a majority vote; and
156	156	(2) the recognized employee association ratified the
157	157	agreement by conducting a secret ballot election at which the
158	158	majority of the covered employees who are members of the
159	159	association favored ratifying the agreement.
160	160	SECTION 10. The heading to Section 146.015, Local
161	161	Government Code, is amended to read as follows:
162	162	Sec. 146.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
163	163	OPERATE UNDER THIS SUBCHAPTER [CHAPTER].
164	164	SECTION 11. Sections 146.015(b) and (f), Local Government
165	165	Code, are amended to read as follows:
166	166	(b) The governing body of a municipality that granted
167	167	recognition of an employee association after conducting an election
168	168	under Section 146.006 may order an election to determine whether a
169	169	public employer may continue to meet and confer under this
170	170	subchapter [chapter]. The governing body may not order an election
171	171	under this subsection until the second anniversary of the date of
172	172	the election under Section 146.006.
173	173	(f) If an election ordered under Subsection (b) is held, the
174	174	municipality may continue to operate under this subchapter
175	175	[chapter] only if a majority of the votes cast at the election favor
176	176	the proposition.
177	177	SECTION 12. Section 146.017, Local Government Code, is
178	178	amended to read as follows:
179	179	Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
180	180	A written meet and confer agreement ratified under this subchapter
181	181	[chapter] preempts, during the term of the agreement and to the
182	182	extent of any conflict, all contrary state statutes, local
183	183	ordinances, executive orders, civil service provisions, or rules
184	184	adopted by this state or a political subdivision or agent of this
185	185	state, including a personnel board, civil service commission, or
186	186	home-rule municipality, other than a statute, ordinance, executive
187	187	order, civil service provision, or rule regarding pensions or
188	188	pension-related matters.
189	189	SECTION 13. Chapter 146, Local Government Code, is amended
190	190	by adding Subchapter B to read as follows:
191	191	SUBCHAPTER B. MUNICIPALITY WITH POPULATION OF 650,000 OR MORE THAT
192	192	OPERATES UNDER CITY MANAGER FORM OF GOVERNMENT
193	193	Sec. 146.101. APPLICABILITY. (a) This subchapter applies
194	194	only to a municipality with a population of 650,000 or more:
195	195	(1) that operates under a city manager form of
196	196	government;
197	197	(2) in which all members of the municipality's
198	198	governing body are elected at large; and
199	199	(3) that recognized associations under Subchapter I,
200	200	Chapter 143, as the exclusive bargaining agents for both
201	201	firefighters and police officers before September 1, 2005.
202	202	(b) This subchapter does not apply to:
203	203	(1) firefighters or police officers who are covered by
204	204	Subchapter I, Chapter 143;
205	205	(2) emergency medical services personnel; or
206	206	(3) an employee association in which employees
207	207	described by Subdivisions (1) and (2) participate.
208	208	(c) A municipality that was subject to this subchapter by
209	209	application of Subsection (a) and that subsequently changes its
210	210	governing body or form of government continues to be subject to this
211	211	subchapter, regardless of whether the municipality continues to
212	212	meet the requirements of Subdivisions (1) and (2) of that
213	213	subsection.
214	214	Sec. 146.102. DEFINITIONS. In this subchapter:
215	215	(1) "Appointed employee" means any municipal employee
216	216	appointed by the municipality's governing body.
217	217	(2) "Covered employee" means an employee of a
218	218	municipality, other than:
219	219	(A) an appointed employee;
220	220	(B) a city manager, an assistant city manager, or
221	221	a professional executive assistant to a city manager or assistant
222	222	city manager;
223	223	(C) an employee who holds an executive-level
224	224	position;
225	225	(D) a cadet or trainee enrolled in a training
226	226	program for police officers, firefighters, or emergency medical
227	227	services personnel;
228	228	(E) an employee designated under Section 146.110
229	229	as a bargaining agent for the municipality; and
230	230	(F) an employee designated as exempt from the
231	231	bargaining unit by the mutual agreement of the recognized employee
232	232	association and the public employer.
233	233	(3) "Emergency medical services personnel" has the
234	234	meaning assigned by Section 142.152(2).
235	235	(4) "Employee association" means an organization in
236	236	which municipal employees participate and that exists for the
237	237	purpose, wholly or partly, of dealing with one or more employers,
238	238	whether public or private, concerning grievances, labor disputes,
239	239	wages, rates of pay, hours of employment, or conditions of work
240	240	affecting public employees and whose members pay dues by means of an
241	241	automatic payroll deduction.
242	242	(5) "Public employer" means any municipality or
243	243	agency, board, commission, or political subdivision controlled by a
244	244	municipality that is required to establish the wages, salaries,
245	245	rates of pay, hours, working conditions, and other terms and
246	246	conditions of employment of public employees. The term may
247	247	include, under appropriate circumstances, a mayor, manager,
248	248	administrator of a municipality, municipal governing body,
249	249	director of personnel, personnel board, or one or more other
250	250	officials regardless of the name by which they are designated.
251	251	Sec. 146.103. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
252	252	RECOGNITION. (a) A municipality may not be denied local control
253	253	over wages, salaries, rates of pay, hours of work, other terms and
254	254	conditions of employment, or other state-mandated personnel
255	255	issues. A public employer may enter into a mutual agreement
256	256	governing these issues with an employee association recognized
257	257	under this subchapter as the sole and exclusive bargaining agent
258	258	for all covered employees that does not advocate the illegal right
259	259	to strike by municipal employees. The applicable statutes, local
260	260	ordinances, and civil service rules govern a term or condition of
261	261	employment on which the public employer and the association do not
262	262	agree.
263	263	(b) An agreement under this subchapter must be written.
264	264	(c) This subchapter does not require the public employer and
265	265	the recognized employee association to meet and confer or reach an
266	266	agreement on any issue.
267	267	(d) This subchapter does not authorize an agreement
268	268	regarding pension or pension-related matters governed by statute.
269	269	Sec. 146.104. PETITION FOR RECOGNITION: ELECTION OR ACTION
270	270	BY GOVERNING BODY. (a) Not later than the 30th day after the date
271	271	the governing body of a municipality receives from an employee
272	272	association a petition signed by the majority of all covered
273	273	employees that requests recognition of the association as the sole
274	274	and exclusive bargaining agent for all the covered employees, the
275	275	governing body shall:
276	276	(1) grant recognition of the association as requested
277	277	in the petition and find that a public employer may meet and confer
278	278	under this subchapter without conducting an election by the voters
279	279	in the municipality under Section 146.106;
280	280	(2) defer granting recognition of the association and
281	281	order an election by the voters in the municipality under Section
282	282	146.106 regarding whether a public employer may meet and confer
283	283	under this subchapter; or
284	284	(3) order a certification election under Section
285	285	146.105 to determine whether the association represents a majority
286	286	of the covered employees.
287	287	(b) If the governing body of a municipality orders a
288	288	certification election under Subsection (a)(3) and the association
289	289	named in the petition is certified to represent a majority of the
290	290	covered employees, the governing body shall, not later than the
291	291	30th day after the date results of that election are certified:
292	292	(1) grant recognition of the association as requested
293	293	in the petition for recognition and find that a public employer may
294	294	meet and confer under this subchapter without conducting an
295	295	election by the voters in the municipality under Section 146.106;
296	296	or
297	297	(2) defer granting recognition of the association and
298	298	order an election by the voters in the municipality under Section
299	299	146.106 regarding whether a public employer may meet and confer
300	300	under this subchapter.
301	301	Sec. 146.105. CERTIFICATION ELECTION. (a) Except as
302	302	provided by Subsection (b), a certification election ordered under
303	303	Section 146.104(a)(3) to determine whether an employee association
304	304	represents a majority of the covered employees shall be conducted
305	305	according to procedures agreeable to the parties.
306	306	(b) If the parties are unable to agree on procedures for the
307	307	certification election, either party may request the American
308	308	Arbitration Association to conduct the election and to certify the
309	309	results of the election.
310	310	(c) The results of an election shall be certified if the
311	311	employee association receives a majority of valid votes cast in the
312	312	election.
313	313	(d) The employee association is liable for the expenses of
314	314	the certification election, except that if two or more associations
315	315	seeking recognition as the sole and exclusive bargaining agent
316	316	submit a petition signed by at least 30 percent of the employees
317	317	eligible to sign the petition for recognition, all the associations
318	318	named in any petition shall share equally the costs of the election.
319	319	Sec. 146.106. ELECTION TO AUTHORIZE OPERATING UNDER THIS
320	320	SUBCHAPTER. (a) The governing body of a municipality that receives
321	321	a petition for recognition under Section 146.104 may order an
322	322	election to determine whether a public employer may meet and confer
323	323	under this subchapter.
324	324	(b) An election ordered under this section must be held as
325	325	part of the next regularly scheduled general election for municipal
326	326	officials that is held after the date the governing body of the
327	327	municipality orders the election and that allows sufficient time to
328	328	prepare the ballot in compliance with other requirements of law.
329	329	(c) The ballot for an election ordered under this section
330	330	shall be printed to permit voting for or against the proposition:
331	331	"Authorizing __________ (name of the municipality) to operate under
332	332	the state law allowing a municipality to meet and confer and make
333	333	agreements with the association representing municipal employees
334	334	as provided by state law, preserving the prohibition against
335	335	strikes and organized work stoppages, and providing penalties for
336	336	strikes and organized work stoppages."
337	337	(d) An election called under this section must be held and
338	338	the returns prepared and canvassed in conformity with the Election
339	339	Code.
340	340	(e) If an election authorized under this section is held,
341	341	the municipality may operate under the other provisions of this
342	342	subchapter only if a majority of the votes cast at the election
343	343	favor the proposition.
344	344	(f) If an election authorized under this section is held, an
345	345	association may not submit a petition for recognition to the
346	346	governing body of the municipality under Section 146.104 before the
347	347	second anniversary of the date of the election.
348	348	Sec. 146.107. CHANGE OR MODIFICATION OF RECOGNITION. (a)
349	349	The municipal employees may modify or change the recognition of the
350	350	employee association granted under this subchapter by filing with
351	351	the governing body of the municipality a petition signed by a
352	352	majority of all covered employees.
353	353	(b) The governing body of the municipality may:
354	354	(1) recognize the change or modification as provided
355	355	by the petition; or
356	356	(2) order a certification election in accordance with
357	357	Section 146.105 regarding whether to do so.
358	358	Sec. 146.108. STRIKES PROHIBITED. (a) A municipal
359	359	employee may not engage in a strike or organized work stoppage
360	360	against this state or the municipality.
361	361	(b) A municipal employee who participates in a strike
362	362	forfeits any civil service rights, reemployment rights, and other
363	363	rights, benefits, or privileges the employee may have as a result of
364	364	the employee's employment or prior employment with the
365	365	municipality.
366	366	(c) This section does not affect the right of a person to
367	367	cease work if the person is not acting in concert with others in an
368	368	organized work stoppage.
369	369	Sec. 146.109. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
370	370	public employer in a municipality that chooses to meet and confer
371	371	under this subchapter shall recognize an employee association that
372	372	is recognized under Section 146.104 or 146.105 as the sole and
373	373	exclusive bargaining agent for the covered employees.
374	374	(b) The public employer shall recognize the employee
375	375	association until recognition of the association is withdrawn, in
376	376	accordance with Section 146.107, by a majority of the municipal
377	377	employees eligible to sign a petition for recognition.
378	378	Sec. 146.110. SELECTION OF BARGAINING AGENT; BARGAINING
379	379	UNIT. (a) The public employer's chief executive officer or the
380	380	chief executive officer's designee shall select one or more persons
381	381	to represent the public employer as its sole and exclusive
382	382	bargaining agent to meet and confer on issues related to the wages,
383	383	hours of employment, and other terms and conditions of employment
384	384	of municipal employees.
385	385	(b) An employee association may designate one or more
386	386	persons to negotiate or bargain on the association's behalf. An
387	387	employee association may not designate as one of its bargaining
388	388	agents any person employed as an attorney for the public employer.
389	389	(c) A municipality's bargaining unit is composed of all the
390	390	covered employees.
391	391	Sec. 146.111. PROTECTED RIGHTS OF EMPLOYEES. A meet and
392	392	confer agreement ratified under this subchapter may not interfere
393	393	with the right of a member of a bargaining unit to pursue
394	394	allegations of discrimination based on race, creed, color, national
395	395	origin, religion, age, sex, or disability with the Texas Workforce
396	396	Commission civil rights division or the federal Equal Employment
397	397	Opportunity Commission or to pursue affirmative action litigation.
398	398	Sec. 146.112. OPEN RECORDS. (a) A proposed meet and confer
399	399	agreement and a document prepared and used by the municipality,
400	400	including a public employer, in connection with the proposed
401	401	agreement are available to the public under Chapter 552, Government
402	402	Code, only after the agreement is ready to be ratified by the
403	403	governing body of the municipality.
404	404	(b) This section does not affect the application of
405	405	Subchapter C, Chapter 552, Government Code, to a document prepared
406	406	and used in connection with the agreement.
407	407	Sec. 146.113. OPEN DELIBERATIONS. (a) Deliberations
408	408	relating to a meet and confer agreement or proposed agreement under
409	409	this subchapter between representatives of the public employer and
410	410	representatives of the employee association recognized under this
411	411	subchapter as the sole and exclusive bargaining agent for the
412	412	covered employees must be open to the public and comply with state
413	413	law.
414	414	(b) Subsection (a) may not be construed to prohibit the
415	415	representatives of the public employer or the representatives of
416	416	the recognized employee association from conducting private
417	417	caucuses that are not open to the public during meet and confer
418	418	negotiations.
419	419	Sec. 146.114. RATIFICATION AND ENFORCEABILITY OF
420	420	AGREEMENT. (a) An agreement under this subchapter is enforceable
421	421	and binding on the public employer, the recognized employee
422	422	association, and the employees covered by the meet and confer
423	423	agreement only if:
424	424	(1) the governing body of the municipality ratified
425	425	the agreement by a majority vote; and
426	426	(2) the recognized employee association ratified the
427	427	agreement by conducting a secret ballot election at which the
428	428	majority of the covered employees who voted in the election and are
429	429	members of the association favored ratifying the agreement.
430	430	(b) A meet and confer agreement ratified as described by
431	431	Subsection (a) may establish a procedure by which the parties agree
432	432	to resolve disputes related to a right, duty, or obligation
433	433	provided by the agreement, including binding arbitration on a
434	434	question involving interpretation of the agreement.
435	435	(c) A state district court of a judicial district in which
436	436	the municipality is located has jurisdiction to hear and resolve a
437	437	dispute under the ratified meet and confer agreement on the
438	438	application of a party to the agreement aggrieved by an action or
439	439	omission of the other party when the action or omission is related
440	440	to a right, duty, or obligation provided by the agreement. The
441	441	court may issue proper restraining orders, temporary and permanent
442	442	injunctions, or any other writ, order, or process, including
443	443	contempt orders, that are appropriate to enforcing the agreement.
444	444	Sec. 146.115. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
445	445	OPERATE UNDER THIS SUBCHAPTER. (a) The governing body of a
446	446	municipality that granted recognition of an employee association
447	447	under Section 146.104 without conducting an election under Section
448	448	146.106 may withdraw recognition of the association by providing to
449	449	the association not less than 90 days' written notice that:
450	450	(1) the governing body is withdrawing recognition of
451	451	the association; and
452	452	(2) any agreement between the governing body and the
453	453	association will not be renewed.
454	454	(b) The governing body of a municipality that granted
455	455	recognition of an employee association after conducting an election
456	456	under Section 146.106 may order an election to determine whether a
457	457	public employer may continue to meet and confer under this
458	458	subchapter. The governing body may not order an election under this
459	459	subsection until the second anniversary of the date of the election
460	460	under Section 146.106.
461	461	(c) An election ordered under Subsection (b) must be held as
462	462	part of the next regularly scheduled general election for municipal
463	463	officers that occurs after the date the governing body of the
464	464	municipality orders the election and that allows sufficient time to
465	465	prepare the ballot in compliance with other requirements of law.
466	466	(d) The ballot for an election ordered under Subsection (b)
467	467	shall be printed to permit voting for or against the proposition:
468	468	"Authorizing __________ (name of the municipality) to continue to
469	469	operate under the state law allowing a municipality to meet and
470	470	confer and make agreements with the association representing
471	471	municipal employees as provided by state law, preserving the
472	472	prohibition against strikes and organized work stoppages, and
473	473	providing penalties for strikes and organized work stoppages."
474	474	(e) An election ordered under Subsection (b) must be held
475	475	and the returns prepared and canvassed in conformity with the
476	476	Election Code.
477	477	(f) If an election ordered under Subsection (b) is held, the
478	478	municipality may continue to operate under this subchapter only if
479	479	a majority of the votes cast at the election favor the proposition.
480	480	(g) If an election ordered under Subsection (b) is held, an
481	481	association may not submit a petition for recognition to the
482	482	governing body of the municipality under Section 146.104 before the
483	483	second anniversary of the date of the election.
484	484	Sec. 146.116. ELECTION TO REPEAL AGREEMENT. (a) Not later
485	485	than the 45th day after the date a meet and confer agreement is
486	486	ratified by the governing body of the municipality and the
487	487	recognized employee association, a petition calling for the repeal
488	488	of the agreement signed by at least 10 percent of the qualified
489	489	voters residing in the municipality may be presented to the person
490	490	charged with ordering an election under Section 3.004, Election
491	491	Code.
492	492	(b) If a petition is presented under Subsection (a), the
493	493	governing body of the municipality shall:
494	494	(1) repeal the meet and confer agreement; or
495	495	(2) certify that it is not repealing the agreement and
496	496	call an election to determine whether to repeal the agreement.
497	497	(c) An election called under Subsection (b)(2) may be held
498	498	as part of the next regularly scheduled general election for the
499	499	municipality or at a special election called by the governing body
500	500	for that purpose. The ballot shall be printed to permit voting for
501	501	or against the proposition: "Repeal the meet and confer agreement
502	502	ratified on _____ (date agreement was ratified) by the __________
503	503	(name of the governing body of the municipality) and the _____ (name
504	504	of the recognized municipal employee association) concerning
505	505	wages, salaries, rates of pay, hours of work, and other terms of
506	506	employment."
507	507	(d) If a majority of the votes cast at the election favor the
508	508	repeal of the agreement, the agreement is void.
509	509	Sec. 146.117. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
510	510	A written meet and confer agreement ratified under this subchapter
511	511	preempts, during the term of the agreement and to the extent of any
512	512	conflict, all contrary state statutes, local ordinances, executive
513	513	orders, civil service provisions, or rules adopted by this state or
514	514	a political subdivision or agent of this state, including a
515	515	personnel board, civil service commission, or home-rule
516	516	municipality, other than a statute, ordinance, executive order,
517	517	civil service provision, or rule regarding pensions or
518	518	pension-related matters.
519	519	Sec. 146.118. ARBITRATION. The governing body of a
520	520	municipality may submit to interest arbitration any issues that
521	521	were the subject of negotiation between the municipality and the
522	522	employee association. An award or decision by an arbitrator is not
523	523	binding on the municipality until it is adopted by the
524	524	municipality's governing body.
525	525	SECTION 14. This Act takes effect September 1, 2009.