Texas 2009 - 81st Regular

Texas House Bill HB3011 Compare Versions

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1	1	By: Gonzales H.B. No. 3011
2	2	Substitute the following for H.B. No. 3011:
3	3	By: Bolton C.S.H.B. No. 3011
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the right of certain counties to maintain local control
9	9	over wages, hours, and other terms and conditions of employment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 5, Local Government Code, is
12	12	amended by adding Chapter 161 to read as follows:
13	13	CHAPTER 161. LOCAL CONTROL OF EMPLOYMENT MATTERS IN CERTAIN
14	14	COUNTIES
15	15	Sec. 161.001. APPLICABILITY. (a) This chapter applies
16	16	only to a county:
17	17	(1) that is located on an international border;
18	18	(2) that has a population of more than 560,000;
19	19	(3) in which more than 10 incorporated municipalities
20	20	are located; and
21	21	(4) that has adopted a resolution or policy providing
22	22	for a consultation system in which the county will meet or consult
23	23	with an employee association representing employees if the
24	24	association demonstrates that the association is supported by at
25	25	least 30 percent of the employees eligible to participate.
26	26	(b) This chapter does not apply to:
27	27	(1) police officers who are covered by Chapter 174; or
28	28	(2) an employee association in which employees
29	29	described by Subdivision (1) participate.
30	30	Sec. 161.002. DEFINITIONS. In this chapter:
31	31	(1) "Covered employee" means an employee of a county,
32	32	other than a department head or a police officer who is covered by
33	33	Chapter 174.
34	34	(2) "Employee association" means an organization in
35	35	which county employees participate and that exists for the purpose,
36	36	wholly or partly, of dealing with one or more employers, whether
37	37	public or private, concerning grievances, labor disputes, wages,
38	38	rates of pay, hours of employment, or conditions of work affecting
39	39	public employees and whose members pay dues by means of an automatic
40	40	payroll deduction.
41	41	(3) "Public employer" means any county or political
42	42	subdivision controlled by a county that is required to establish
43	43	the wages, salaries, rates of pay, hours, working conditions, and
44	44	other terms and conditions of employment of public employees. The
45	45	term may include, under appropriate circumstances, a county judge,
46	46	county commissioner, commissioners court, director of personnel,
47	47	personnel board, or one or more other officials regardless of the
48	48	name by which they are designated.
49	49	Sec. 161.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
50	50	RECOGNITION. (a) A county may not be denied local control over
51	51	wages, salaries, rates of pay, hours of work, other terms and
52	52	conditions of employment, or other state-mandated personnel
53	53	issues. A public employer may enter into a mutual agreement
54	54	governing these issues with an employee association recognized
55	55	under this chapter as the sole and exclusive bargaining agent for
56	56	all covered employees that does not advocate the illegal right to
57	57	strike by county employees. The applicable statutes, local orders
58	58	or ordinances, and civil service rules govern a term or condition of
59	59	employment on which the public employer and the association do not
60	60	agree.
61	61	(b) An agreement under this chapter must be written.
62	62	(c) This chapter does not require the public employer and
63	63	the recognized employee association to meet and confer or reach an
64	64	agreement on any issue.
65	65	(d) This chapter does not authorize an agreement regarding
66	66	pension or pension-related matters governed by Subtitle F, Title 8,
67	67	Government Code.
68	68	Sec. 161.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
69	69	BY COMMISSIONERS COURT. (a) Not later than the 30th day after the
70	70	date the commissioners court of a county receives from an employee
71	71	association a petition signed by the majority of all covered
72	72	employees of the county that requests recognition of the
73	73	association as the sole and exclusive bargaining agent for all the
74	74	covered employees of that employer, the commissioners court shall:
75	75	(1) grant recognition of the association as requested
76	76	in the petition and find that a public employer may meet and confer
77	77	under this chapter without conducting an election by the voters in
78	78	the county under Section 161.006;
79	79	(2) defer granting recognition of the association and
80	80	order an election by the voters in the county under Section 161.006
81	81	regarding whether a public employer may meet and confer under this
82	82	chapter; or
83	83	(3) order a certification election under Section
84	84	161.005 to determine whether the association represents a majority
85	85	of the covered employees of the county.
86	86	(b) If the commissioners court of a county orders a
87	87	certification election under Subsection (a)(3) and the association
88	88	named in the petition is certified to represent a majority of the
89	89	covered employees, the commissioners court shall, not later than
90	90	the 30th day after the date that results of that election are
91	91	certified:
92	92	(1) grant recognition of the association as requested
93	93	in the petition for recognition and find that a public employer may
94	94	meet and confer under this chapter without conducting an election
95	95	by the voters in the county under Section 161.006; or
96	96	(2) defer granting recognition of the association and
97	97	order an election by the voters in the county under Section 161.006
98	98	regarding whether a public employer may meet and confer under this
99	99	chapter.
100	100	Sec. 161.005. CERTIFICATION ELECTION. (a) Except as
101	101	provided by Subsection (b), a certification election ordered under
102	102	Section 161.004(a)(3) to determine whether an employee association
103	103	represents a majority of the covered employees shall be conducted
104	104	according to procedures agreeable to the parties.
105	105	(b) If the parties are unable to agree on procedures for the
106	106	certification election, either party may request the American
107	107	Arbitration Association to conduct the election and to certify the
108	108	results of the election.
109	109	(c) The results of an election shall be certified if the
110	110	employee association receives a majority of valid votes cast in the
111	111	election.
112	112	(d) Certification of the results of an election under this
113	113	section resolves the question concerning representation.
114	114	(e) The association is liable for the expenses of the
115	115	certification election, except that if two or more associations
116	116	seeking recognition as the sole and exclusive bargaining agent
117	117	submit a petition signed by at least 30 percent of the employees
118	118	eligible to sign the petition for recognition, all the associations
119	119	named in any petition shall share equally the costs of the election.
120	120	Sec. 161.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
121	121	CHAPTER. (a) The commissioners court of a county that receives a
122	122	petition for recognition under Section 161.004 may order an
123	123	election to determine whether a public employer may meet and confer
124	124	under this chapter.
125	125	(b) An election ordered under this section must be held as
126	126	part of the next regularly scheduled general election for county
127	127	officials that is held after the date the commissioners court of the
128	128	county orders the election and that allows sufficient time to
129	129	prepare the ballot in compliance with other requirements of law.
130	130	(c) The ballot for an election ordered under this section
131	131	shall be printed to permit voting for or against the proposition:
132	132	"Authorizing __________ (name of the county) to operate under the
133	133	state law allowing a county to meet and confer and make agreements
134	134	with the association representing county employees as provided by
135	135	state law, preserving the prohibition against strikes and organized
136	136	work stoppages, and providing penalties for strikes and organized
137	137	work stoppages."
138	138	(d) An election called under this section must be held and
139	139	the returns prepared and canvassed in conformity with the Election
140	140	Code.
141	141	(e) If an election authorized under this section is held,
142	142	the county may operate under the other provisions of this chapter
143	143	only if a majority of the votes cast at the election favor the
144	144	proposition.
145	145	(f) If an election authorized under this section is held, an
146	146	association may not submit a petition for recognition to the
147	147	commissioners court of the county under Section 161.004 before the
148	148	second anniversary of the date of the election.
149	149	Sec. 161.007. CHANGE OR MODIFICATION OF RECOGNITION. (a)
150	150	The county employees may modify or change the recognition of the
151	151	employee association granted under this chapter by filing with the
152	152	commissioners court of the county a petition signed by a majority of
153	153	all covered employees.
154	154	(b) The commissioners court of the county may:
155	155	(1) recognize the change or modification as provided
156	156	by the petition; or
157	157	(2) order a certification election in accordance with
158	158	Section 161.005 regarding whether to do so.
159	159	Sec. 161.008. STRIKES PROHIBITED. (a) A county employee
160	160	may not engage in a strike or organized work stoppage against this
161	161	state or the county.
162	162	(b) A county employee who participates in a strike forfeits
163	163	any civil service rights, reemployment rights, and other rights,
164	164	benefits, or privileges the employee may have as a result of the
165	165	employee's employment or prior employment with the county.
166	166	(c) This section does not affect the right of a person to
167	167	cease work if the person is not acting in concert with others in an
168	168	organized work stoppage.
169	169	Sec. 161.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
170	170	public employer that chooses to meet and confer under this chapter
171	171	shall recognize an association that is recognized under Section
172	172	161.004 or 161.005 as the sole and exclusive bargaining agent for
173	173	the covered employees of that employer.
174	174	(b) The public employer shall recognize the employee
175	175	association until recognition of the association is withdrawn, in
176	176	accordance with Section 161.007, by a majority of the county
177	177	employees eligible to sign a petition for recognition.
178	178	Sec. 161.010. SELECTION OF BARGAINING AGENT; BARGAINING
179	179	UNIT. (a) The commissioners court of a county shall select one or
180	180	more persons to represent the public employer as its sole and
181	181	exclusive bargaining agent to meet and confer on issues related to
182	182	the wages, hours of employment, and other terms and conditions of
183	183	employment of county employees.
184	184	(b) An employee association may designate one or more
185	185	persons to negotiate or bargain on the association's behalf.
186	186	(c) A county's bargaining unit is composed of all the
187	187	covered employees of the county.
188	188	Sec. 161.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
189	189	confer agreement ratified under this chapter may not interfere with
190	190	the right of a member of a bargaining unit to pursue allegations of
191	191	discrimination based on race, creed, color, national origin,
192	192	religion, age, sex, or disability with the Texas Workforce
193	193	Commission civil rights division or the federal Equal Employment
194	194	Opportunity Commission or to pursue affirmative action litigation.
195	195	Sec. 161.012. OPEN RECORDS. (a) A proposed meet and confer
196	196	agreement and a document prepared and used by the county, including
197	197	a public employer, in connection with the proposed agreement are
198	198	available to the public under Chapter 552, Government Code, only
199	199	after the agreement is ready to be ratified by the commissioners
200	200	court of the county.
201	201	(b) This section does not affect the application of
202	202	Subchapter C, Chapter 552, Government Code, to a document prepared
203	203	and used in connection with the agreement.
204	204	Sec. 161.013. OPEN DELIBERATIONS. (a) Deliberations
205	205	relating to a meet and confer agreement or proposed agreement under
206	206	this chapter between representatives of the county and
207	207	representatives of the employee association recognized under this
208	208	chapter as the sole and exclusive bargaining agent for the covered
209	209	employees must be open to the public and comply with state law.
210	210	(b) Subsection (a) may not be construed to prohibit the
211	211	representatives of the county or the representatives of the
212	212	recognized employee association from conducting private caucuses
213	213	that are not open to the public during meet and confer negotiations.
214	214	Sec. 161.014. RATIFICATION AND ENFORCEABILITY OF
215	215	AGREEMENT. (a) An agreement under this chapter is enforceable and
216	216	binding on the county, the recognized employee association, and the
217	217	employees covered by the meet and confer agreement only if:
218	218	(1) the commissioners court of the county ratified the
219	219	agreement by a majority vote; and
220	220	(2) the recognized employee association ratified the
221	221	agreement by conducting a secret ballot election at which the
222	222	majority of the covered employees who are members of the
223	223	association favored ratifying the agreement.
224	224	(b) A meet and confer agreement ratified as described by
225	225	Subsection (a) may establish a procedure by which the parties agree
226	226	to resolve disputes related to a right, duty, or obligation
227	227	provided by the agreement, including binding arbitration on a
228	228	question involving interpretation of the agreement.
229	229	(c) A state district court of a judicial district in which
230	230	the county is located has jurisdiction to hear and resolve a dispute
231	231	under the ratified meet and confer agreement on the application of a
232	232	party to the agreement aggrieved by an action or omission of the
233	233	other party when the action or omission is related to a right, duty,
234	234	or obligation provided by the agreement. The court may issue proper
235	235	restraining orders, temporary and permanent injunctions, or any
236	236	other writ, order, or process, including contempt orders, that are
237	237	appropriate to enforcing the agreement.
238	238	Sec. 161.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
239	239	OPERATE UNDER THIS CHAPTER. (a) The commissioners court of a
240	240	county that granted recognition of an employee association under
241	241	Section 161.004 without conducting an election under Section
242	242	161.006 may withdraw recognition of the association by providing to
243	243	the association not less than 90 days' written notice that:
244	244	(1) the commissioners court is withdrawing
245	245	recognition of the association; and
246	246	(2) any agreement between the commissioners court and
247	247	the association will not be renewed.
248	248	(b) The commissioners court of a county that granted
249	249	recognition of an employee association after conducting an election
250	250	under Section 161.006 may order an election to determine whether a
251	251	public employer may continue to meet and confer under this chapter.
252	252	The commissioners court may not order an election under this
253	253	subsection until the second anniversary of the date of the election
254	254	under Section 161.006.
255	255	(c) An election ordered under Subsection (b) must be held as
256	256	part of the next regularly scheduled general election for county
257	257	officers that occurs after the date the commissioners court of the
258	258	county orders the election and that allows sufficient time to
259	259	prepare the ballot in compliance with other requirements of law.
260	260	(d) The ballot for an election ordered under Subsection (b)
261	261	shall be printed to permit voting for or against the proposition:
262	262	"Authorizing __________ (name of the county) to continue to operate
263	263	under the state law allowing a county to meet and confer and make
264	264	agreements with the association representing county employees as
265	265	provided by state law, preserving the prohibition against strikes
266	266	and organized work stoppages, and providing penalties for strikes
267	267	and organized work stoppages."
268	268	(e) An election ordered under Subsection (b) must be held
269	269	and the returns prepared and canvassed in conformity with the
270	270	Election Code.
271	271	(f) If an election ordered under Subsection (b) is held, the
272	272	county may continue to operate under this chapter only if a majority
273	273	of the votes cast at the election favor the proposition.
274	274	(g) If an election ordered under Subsection (b) is held, an
275	275	association may not submit a petition for recognition to the
276	276	commissioners court of the county under Section 161.004 before the
277	277	second anniversary of the date of the election.
278	278	Sec. 161.016. ELECTION TO REPEAL AGREEMENT. (a) Not later
279	279	than the 45th day after the date a meet and confer agreement is
280	280	ratified by the commissioners court of the county and the
281	281	recognized employee association, a petition calling for the repeal
282	282	of the agreement signed by at least 10 percent of the qualified
283	283	voters residing in the county may be presented to the person charged
284	284	with ordering an election under Section 3.004, Election Code.
285	285	(b) If a petition is presented under Subsection (a), the
286	286	commissioners court of the county shall:
287	287	(1) repeal the meet and confer agreement; or
288	288	(2) certify that it is not repealing the agreement and
289	289	call an election to determine whether to repeal the agreement.
290	290	(c) An election called under Subsection (b)(2) may be held
291	291	as part of the next regularly scheduled general election for the
292	292	county or at a special election called by the commissioners court
293	293	for that purpose. The ballot shall be printed to permit voting for
294	294	or against the proposition: "Repeal the meet and confer agreement
295	295	ratified on _____ (date agreement was ratified) by the __________
296	296	(name of the commissioners court of the county) and the _____ (name
297	297	of the recognized employee association) concerning wages,
298	298	salaries, rates of pay, hours of work, and other terms of
299	299	employment."
300	300	(d) If a majority of the votes cast at the election favor the
301	301	repeal of the agreement, the agreement is void.
302	302	Sec. 161.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
303	303	A written meet and confer agreement ratified under this chapter
304	304	preempts, during the term of the agreement and to the extent of any
305	305	conflict, all contrary state statutes, local orders or ordinances,
306	306	executive orders, civil service provisions, or rules adopted by
307	307	this state or a political subdivision or agent of this state,
308	308	including a civil service commission or county, other than a
309	309	statute, order, ordinance, executive order, civil service
310	310	provision, or rule regarding pensions or pension-related matters.
311	311	SECTION 2. This Act takes effect September 1, 2009.