Texas 2009 - 81st Regular

Texas House Bill HB2673 Compare Versions

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

Old	New	Differences
1	1	81R6116 SLB-F
2	2	By: Davis of Dallas H.B. No. 2673
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to conditions of employment for an employee of certain
8	8	sheriff's departments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 158, Local Government Code, is amended
11	11	by adding Subchapter C to read as follows:
12	12	SUBCHAPTER C. LOCAL CONTROL OF SHERIFF'S DEPARTMENT
13	13	EMPLOYMENT MATTERS
14	14	Sec. 158.071. APPLICABILITY. This subchapter applies only
15	15	to a county that has adopted Subchapter B and has not adopted
16	16	Chapter 174.
17	17	Sec. 158.072. DEFINITIONS. In this subchapter:
18	18	(1) "Association" means an organization in which
19	19	employees of the sheriff's department participate and that exists
20	20	for the purpose, in whole or in part, of dealing with the county
21	21	concerning grievances, labor disputes, wages, rates of pay, hours
22	22	of work, or conditions of work affecting the employees.
23	23	(2) "Public employer" means a sheriff's department, a
24	24	county, or an agency, board, commission, or political subdivision
25	25	controlled by a county that is required to establish the wages,
26	26	salaries, rates of pay, hours of work, working conditions, and
27	27	other terms and conditions of employment of the employees.
28	28	Sec. 158.073. GENERAL PROVISIONS RELATING TO AGREEMENTS,
29	29	RECOGNITION, AND STRIKES. (a) A county may not be denied local
30	30	control over the wages, salaries, rates of pay, hours of work, other
31	31	terms and conditions of employment, or other state-mandated
32	32	personnel issues, to the extent the public employer and the
33	33	association recognized as the sole and exclusive bargaining agent
34	34	under Section 158.074 agree as provided by this subchapter.
35	35	Applicable statutes and applicable local orders, ordinances, and
36	36	civil service rules and regulations apply to an issue not governed
37	37	by the agreement.
38	38	(b) This subchapter does not require either a public
39	39	employer or a recognized association to meet and confer on any issue
40	40	or reach an agreement.
41	41	(c) A public employer and the recognized association may
42	42	meet and confer only if the association does not advocate the
43	43	illegal right to strike by public employees.
44	44	(d) An employee of a sheriff's department may not engage in
45	45	a strike or organized work stoppage against this state or a
46	46	political subdivision of this state. An employee who participates
47	47	in a strike forfeits any civil service rights, reemployment rights,
48	48	and other rights, benefits, or privileges the employee may have as a
49	49	result of the person's employment or prior employment with the
50	50	sheriff's department. This subsection does not affect the right of
51	51	a person to cease work if the person is not acting in concert with
52	52	others in an organized work stoppage.
53	53	Sec. 158.074. RECOGNITION OF ASSOCIATION. (a) In a county
54	54	that chooses to meet and confer under this subchapter, the public
55	55	employer shall recognize an association submitting a petition for
56	56	recognition signed by a majority of the employees of the sheriff's
57	57	department, excluding the sheriff and persons the sheriff may
58	58	designate as exempt from a civil service system under Section
59	59	158.038, as the sole and exclusive bargaining agent for all of the
60	60	employees of the sheriff's department, excluding the sheriff and
61	61	persons the sheriff may designate as exempt under Section 158.038,
62	62	until recognition of the association is withdrawn by a majority of
63	63	the employees eligible to sign a petition for recognition.
64	64	(b) Whether an association represents a majority of the
65	65	covered employees shall be resolved by a fair election conducted
66	66	according to procedures agreeable to the parties. If the parties
67	67	are unable to agree on election procedures, either party may
68	68	request the American Arbitration Association to conduct the
69	69	election and to certify the results. Certification of the results
70	70	of an election under this subsection resolves the question
71	71	concerning representation. The association is liable for the
72	72	expenses of the election, except that if two or more associations
73	73	seeking recognition as the sole and exclusive bargaining agent
74	74	submit petitions signed by a majority of the employees eligible to
75	75	sign the petition, the associations shall share equally the costs
76	76	of the election.
77	77	Sec. 158.075. OPEN RECORDS. (a) A proposed agreement and a
78	78	document prepared and used by the sheriff's department in
79	79	connection with the proposed agreement are available to the public
80	80	under Chapter 552, Government Code, only after the agreement is
81	81	ratified by the commissioners court.
82	82	(b) This section does not affect the application of
83	83	Subchapter C, Chapter 552, Government Code, to a document prepared
84	84	and used by the sheriff's department in connection with the
85	85	agreement.
86	86	Sec. 158.076. RATIFICATION AND ENFORCEABILITY OF
87	87	AGREEMENT. (a) An agreement under this subchapter is enforceable
88	88	and binding on the public employer, the recognized association, and
89	89	employees covered by the agreement only if:
90	90	(1) the commissioners court ratified the agreement by
91	91	a majority vote; and
92	92	(2) the recognized association ratified the agreement
93	93	by conducting a secret ballot election at which only the employees
94	94	of the county in the association were eligible to vote, and a
95	95	majority of the votes cast at the election favored ratifying the
96	96	agreement.
97	97	(b) A state district court of a judicial district in which
98	98	the county is located has jurisdiction to hear and resolve a dispute
99	99	under the ratified agreement on the application of a party to the
100	100	agreement aggrieved by an action or omission of the other party when
101	101	the action or omission is related to a right, duty, or obligation
102	102	provided by the agreement. The court may issue proper restraining
103	103	orders, temporary and permanent injunctions, or any other writ,
104	104	order, or process, including contempt orders, that are appropriate
105	105	to enforce the agreement.
106	106	Sec. 158.077. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
107	107	A written agreement ratified under this subchapter preempts, during
108	108	the term of the agreement, and to the extent of any conflict, all
109	109	contrary state statutes, local ordinances, executive orders, civil
110	110	service provisions, or rules adopted by the sheriff or county or a
111	111	division or agent of the sheriff or county, such as a personnel
112	112	board or a civil service commission.
113	113	Sec. 158.078. REPEAL OF AGREEMENT BY ELECTORATE. (a) Not
114	114	later than the 45th day after the date an agreement is ratified by
115	115	both the county and the association, a petition signed by a number
116	116	of qualified voters equal to 10 percent of the votes cast in the
117	117	county in the most recent general election may be presented to the
118	118	county clerk calling an election for the repeal of the agreement.
119	119	(b) On receipt of the petition by the county clerk under
120	120	Subsection (a), the commissioners court shall reconsider the
121	121	agreement and either repeal the agreement or call an election of the
122	122	qualified voters to determine if they desire to repeal the
123	123	agreement. The election shall be called for the next general
124	124	election or a special election called by the county commissioners
125	125	for that purpose. If at the election a majority of the votes are
126	126	cast in favor of the repeal of the adoption of the agreement, the
127	127	agreement is void.
128	128	(c) The ballot for an election under this section shall be
129	129	printed to permit voting for or against the proposition: "Repeal of
130	130	the adoption of the agreement ratified by the county and the
131	131	sheriff's department association concerning wages, salaries, rates
132	132	of pay, hours of work, and other terms and conditions of
133	133	employment."
134	134	Sec. 158.079. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a)
135	135	For the purpose of any disciplinary appeal to the civil service
136	136	commission or to a hearing examiner, a member of the association may
137	137	choose to be represented by any person of the member's choice or by
138	138	the association.
139	139	(b) An agreement under this subchapter may not interfere
140	140	with the right of a member of the association to pursue allegations
141	141	of discrimination based on race, creed, color, national origin,
142	142	religion, age, sex, or disability with the Texas Workforce
143	143	Commission civil rights division or the federal Equal Employment
144	144	Opportunity Commission or to pursue affirmative action litigation.
145	145	SECTION 2. This Act takes effect September 1, 2009.