Texas 2009 - 81st Regular

Texas Senate Bill SB1744 Compare Versions

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1	1	By: Whitmire S.B. No. 1744
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to conditions of employment for law enforcement officers
7	7	and corrections officers employed by certain counties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle B, Title 5, Local Government Code, is
10	10	amended by adding Chapter 161 to read as follows:
11	11	CHAPTER 161. LOCAL CONTROL OF SHERIFF'S DEPARTMENT EMPLOYMENT
12	12	MATTERS IN CERTAIN COUNTIES
13	13	Sec. 161.001. APPLICABILITY. (a) Except as provided by
14	14	Subsection (b), this chapter applies only to a county with a
15	15	population of 3.3 million or more:
16	16	(1) employs law enforcement officers or corrections
17	17	officers covered by Subchapter B, Chapter 158; and
18	18	(2) contains a municipality with a population of more
19	19	than 600,000 that has adopted Chapter 174 for its fire department,
20	20	police department, or both.
21	21	Sec. 161.002. DEFINITIONS. In this chapter:
22	22	(1) "Association" means an employee organization in
23	23	which law enforcement officers or corrections officers employed by
24	24	a sheriff's department, or both, participate and that exists for
25	25	the purpose, wholly or partly, of dealing with the county or the
26	26	sheriff concerning grievances, labor disputes, wages, rates of pay,
27	27	hours of work, or conditions of work affecting law enforcement
28	28	officers or corrections officers, or both, as applicable.
29	29	(2) "Corrections officer" means a person employed by a
30	30	sheriff's department whose primary duties include the direct
31	31	supervision of inmates in a county jail or another detention
32	32	facility maintained by a sheriff's department. The term is not
33	33	limited to a person who is a peace officer under Article 2.12, Code
34	34	of Criminal Procedure.
35	35	(3) "Law enforcement officer" means a person who is
36	36	employed by a sheriff's department as a peace officer under Article
37	37	2.12, Code of Criminal Procedure, and whose primary duties include
38	38	the enforcement of the law, investigation of crime, and service of
39	39	criminal warrants or civil process.
40	40	(4) "Public employer" means the commissioners court of
41	41	the county that is required to establish the wages, salaries, rates
42	42	of pay, hours of work, working conditions, and other terms and
43	43	conditions of employment of law enforcement officers or corrections
44	44	officers employed by the sheriff's department.
45	45	Sec. 161.003. PETITION FOR RECOGNITION: ELECTION OR ACTION
46	46	BY COUNTY COMMISSIONERS. (a) Not later than the 30th day after the
47	47	date the commissioners court of a county receives a petition signed
48	48	by the majority of all law enforcement officers and corrections
49	49	officers, excluding the employees exempt under Section 161.006(b),
50	50	requesting recognition of an association or associations as the
51	51	exclusive bargaining agent for the nonexempt law enforcement
52	52	officers or corrections officers as described by Subsection (b),
53	53	the commissioners court shall:
54	54	(1) grant recognition of the association or
55	55	associations as requested in the petition and find that the public
56	56	employers may meet and confer under this chapter without conducting
57	57	an election by the voters in the county under Section 161.004; or
58	58	(2) defer granting recognition of the association or
59	59	associations and order an election by the voters in the county under
60	60	Section 161.004 regarding whether the public employers may meet and
61	61	confer under this chapter.
62	62	(b) The petition described by Subsection (a) must state
63	63	whether the petitioners request recognition of:
64	64	(1) one association to represent all law enforcement
65	65	officers and corrections officers employed by the sheriff's
66	66	department, excluding the officers exempt under Section
67	67	161.006(b); or
68	68	(2) two associations, with:
69	69	(A) one association to exclusively represent law
70	70	enforcement officers employed by a sheriff's department, excluding
71	71	the officers exempt under Section 161.006(b); and
72	72	(B) one association to exclusively represent
73	73	corrections officers employed by a sheriff's department, excluding
74	74	the officers exempt under Section 161.006(b).
75	75	(c) The commissioners court may not consider a petition for
76	76	recognition of two associations as requested under Subsection
77	77	(b)(2) unless:
78	78	(1) the total number of law enforcement officers
79	79	employed by the sheriff's department constitutes 10 percent or more
80	80	of the total number of law enforcement officers and corrections
81	81	officers employed by the sheriff's department;
82	82	(2) the total number of corrections officers employed
83	83	by the sheriff's department constitutes 10 percent or more of the
84	84	total number of law enforcement officers and corrections officers
85	85	employed by the sheriff's department;
86	86	(3) the petitioners request recognition of:
87	87	(A) one association to exclusively represent all
88	88	law enforcement officers; and
89	89	(B) one association to exclusively represent all
90	90	corrections officers; and
91	91	(4) the commissioners court considers each petition
92	92	described by Subdivision (3) at the same time, and both petitions
93	93	are granted or denied at that time.
94	94	Sec. 161.004. ELECTION TO AUTHORIZE OPERATING UNDER THIS
95	95	CHAPTER. (a) The commissioners court of a county that receives a
96	96	petition for recognition under Section 161.003 may order an
97	97	election to determine whether the public employers may meet and
98	98	confer under this chapter.
99	99	(b) An election under this section must be held on the first
100	100	authorized uniform election date prescribed by Chapter 41, Election
101	101	Code, that occurs after the date the commissioners court orders the
102	102	election and that allows sufficient time to comply with other
103	103	requirements of law.
104	104	(c) The ballot for an election called under this section
105	105	shall be printed to allow voting for or against the proposition:
106	106	"Authorizing ____________ (name of the commissioners court of the
107	107	county) to operate under the state law allowing the (name of the
108	108	commissioners court of the county) to meet and confer and make
109	109	agreements with (name of the association or associations) as the
110	110	exclusive bargaining agent representing nonexempt law enforcement
111	111	officers and corrections officers as provided by state law,
112	112	preserving the prohibition against strikes and lockouts, and
113	113	providing penalties for strikes and lockouts."
114	114	(d) An election called under this section shall be held and
115	115	the returns prepared and canvassed in conformity with the Election
116	116	Code.
117	117	(e) If an election authorized under this section is held,
118	118	the county may operate under the other provisions of this chapter
119	119	only if a majority of the votes cast at the election favor the
120	120	proposition.
121	121	(f) If an election authorized under this section is held, an
122	122	association or associations may not submit a petition for
123	123	recognition to the commissioners court of the county under Section
124	124	161.003 before the first anniversary of the date of the election.
125	125	Sec. 161.005. STRIKES PROHIBITED. (a) A law enforcement
126	126	officer or corrections officer may not engage in a strike or
127	127	organized work stoppage against this state or the county.
128	128	(b) A law enforcement officer or corrections officer who
129	129	participates in a strike forfeits any civil service rights,
130	130	reemployment rights, and other rights, benefits, or privileges the
131	131	officer may have as a result of the officer's employment or prior
132	132	employment with the county.
133	133	(c) This section does not affect the right of a person to
134	134	cease work if the person is not acting in concert with others in an
135	135	organized work stoppage.
136	136	Sec. 161.006. RECOGNITION OF ASSOCIATION BY PUBLIC
137	137	EMPLOYER. (a) Except as provided by Subsection (c), a public
138	138	employer in a county that chooses to meet and confer under this
139	139	chapter shall recognize an association that is recognized under
140	140	Section 161.003 as the exclusive bargaining agent for the covered
141	141	law enforcement officers or corrections officers, or both, under
142	142	this chapter. The covered officers are the officers described in
143	143	the applicable petition for recognition, but the covered officers
144	144	do not include the employees exempt under Subsection (b).
145	145	(b) For the purposes of Subsection (a), exempt employees are
146	146	the sheriff and the employees that the sheriff designates as exempt
147	147	in the manner prescribed by Subchapter B, Chapter 158, or that are
148	148	exempt by the mutual agreement of the recognized association and
149	149	the sheriff.
150	150	(c) The public employer shall recognize the association
151	151	until:
152	152	(1) if an association is recognized under Section
153	153	161.003(b)(1), recognition of the association is withdrawn by a
154	154	majority of the law enforcement officers and corrections officers;
155	155	or
156	156	(2) if an association is recognized under Section
157	157	161.003(b)(2):
158	158	(A) recognition of the association is withdrawn
159	159	by a majority of the law enforcement officers or corrections
160	160	officers, as applicable; or
161	161	(B) the total number of law enforcement officers
162	162	employed by the sheriff's department or the total number of
163	163	corrections officers employed by the sheriff's department
164	164	decreases to an amount that is less than 10 percent of the total
165	165	number of law enforcement officers and corrections officers
166	166	employed by the sheriff's department.
167	167	(d) If recognition of an association is withdrawn as
168	168	provided by Subsection (c)(2), the association exclusively
169	169	representing the law enforcement officers shall merge with the
170	170	association exclusively representing corrections officers.
171	171	Sec. 161.007. SELECTION OF BARGAINING AGENT; PUBLIC
172	172	EMPLOYER BARGAINING TEAM. (a) Each public employer's chief
173	173	executive officer or the chief executive officer's designee shall
174	174	select one or more persons to represent the public employer as its
175	175	exclusive bargaining agent to meet and confer on issues related to
176	176	the wages, hours of employment, and other terms and conditions of
177	177	employment of law enforcement officers and corrections officers for
178	178	whom the public employer is responsible. The sheriff may represent
179	179	the office of the sheriff or select one or more persons to represent
180	180	the sheriff as the exclusive bargaining agent to meet and confer on
181	181	issues related to the wages, hours of employment, and other terms
182	182	and conditions of employment of law enforcement officers and
183	183	corrections officers.
184	184	(b) An association recognized under this chapter may
185	185	designate one or more persons to negotiate or bargain on its behalf.
186	186	(c) The representatives of each public employer that has
187	187	selected one or more persons under Subsection (a) may form a
188	188	bargaining team. The team may negotiate provisions applicable to
189	189	all represented public employers. Appropriate representatives on
190	190	the team may negotiate provisions applicable to only one public
191	191	employer or to some but not all of the represented public employers.
192	192	(d) An association recognized under this chapter to
193	193	represent law enforcement officers and an association recognized
194	194	under this chapter to represent corrections officers may form a
195	195	bargaining team. The team may negotiate an agreement with any
196	196	public employer or the sheriff.
197	197	Sec. 161.008. GENERAL PROVISIONS RELATING TO AGREEMENTS.
198	198	(a) A county may not be denied local control over the wages,
199	199	salaries, rates of pay, hours of work, or other terms and conditions
200	200	of employment to the extent a public employer that is a party to the
201	201	agreement and an association recognized as an exclusive bargaining
202	202	agent agree as provided by this chapter, if the agreement is
203	203	ratified and not repealed under this chapter. Applicable statutes
204	204	and applicable local orders, ordinances, and civil service rules
205	205	apply to an issue not governed by the agreement.
206	206	(b) A meet and confer agreement under this chapter must be
207	207	written.
208	208	(c) This chapter does not require a public employer or a
209	209	recognized association to meet and confer on any issue or reach an
210	210	agreement.
211	211	(d) A public employer and a recognized association may meet
212	212	and confer only if the association does not advocate an illegal
213	213	strike.
214	214	Sec. 161.009. OPEN RECORDS. (a) A proposed meet and
215	215	confer agreement and a document prepared and used by the public
216	216	employer in connection with the proposed agreement are available to
217	217	the public under Chapter 552, Government Code, only after the
218	218	agreement is ratified by the commissioners court of the county.
219	219	(b) This section does not affect the application of
220	220	Subchapter C, Chapter 552, Government Code, to a document prepared
221	221	and used by the public employer in connection with the agreement.
222	222	Sec. 161.010. RATIFICATION AND ENFORCEABILITY OF
223	223	AGREEMENT. (a) A meet and confer agreement under this chapter is
224	224	enforceable and binding on the public employer, the applicable
225	225	recognized association, and the law enforcement officers or
226	226	corrections officers, or both, covered by the agreement only if:
227	227	(1) the commissioners court of the county ratified the
228	228	agreement by a majority vote; and
229	229	(2) the applicable recognized association ratified
230	230	the agreement by conducting a secret ballot election at which only
231	231	the law enforcement officers or corrections officers, or both, that
232	232	were represented by the association were eligible to vote, and a
233	233	majority of the votes cast at the election favored ratifying the
234	234	agreement.
235	235	(b) A meet and confer agreement ratified as described by
236	236	Subsection (a) may establish a procedure by which the parties agree
237	237	to resolve disputes related to a right, duty, or obligation
238	238	provided by the agreement, including binding arbitration on a
239	239	question involving interpretation of the agreement.
240	240	(c) A meet and confer agreement under this chapter is
241	241	enforceable and binding on the sheriff, the applicable recognized
242	242	association, and the law enforcement officers or corrections
243	243	officers, or both, covered by the agreement only if:
244	244	(1) the sheriff ratified the agreement by written
245	245	signature; and
246	246	(2) the applicable recognized association ratified
247	247	the agreement by conducting a secret ballot in the manner described
248	248	by Subsection (a)(2).
249	249	(d) A state district court of a judicial district in which
250	250	the county is located has jurisdiction to hear and resolve a dispute
251	251	under the ratified meet and confer agreement on the application of a
252	252	party to the agreement aggrieved by an action or omission of the
253	253	other party when the action or omission is related to a right, duty,
254	254	or obligation provided by the agreement. The court may issue proper
255	255	restraining orders, temporary and permanent injunctions, or any
256	256	other writ, order, or process, including contempt orders, that are
257	257	appropriate to enforcing the agreement.
258	258	Sec. 161.011. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
259	259	A written meet and confer agreement ratified under this chapter
260	260	preempts, during the term of the agreement and to the extent of any
261	261	conflict, all contrary state statutes, executive orders, civil
262	262	service provisions, or rules adopted by a personnel board or a civil
263	263	service commission.
264	264	Sec. 161.012. PROTECTED RIGHTS. (a) For any disciplinary
265	265	appeal, a covered law enforcement officer or corrections officer
266	266	may be represented by a recognized association or by any person
267	267	chosen by the officer.
268	268	(b) A meet and confer agreement ratified under this chapter
269	269	may not interfere with the right of a covered law enforcement
270	270	officer or corrections officer to pursue allegations of
271	271	discrimination based on race, creed, color, national origin,
272	272	religion, age, sex, or disability with the Texas Workforce
273	273	Commission civil rights division or the federal Equal Employment
274	274	Opportunity Commission or to pursue affirmative action litigation.
275	275	Sec. 161.013. ELECTION TO REPEAL AGREEMENT. (a) Not later
276	276	than the 60th day after the date a meet and confer agreement is
277	277	ratified by the public employer and a recognized association, a
278	278	petition calling for the repeal of the agreement signed by at least
279	279	10 percent of the registered voters residing in the county may be
280	280	presented to the commissioners court.
281	281	(b) If a petition is presented under Subsection (a), the
282	282	commissioners court shall order an election by the voters in the
283	283	county to determine whether to repeal the meet and confer
284	284	agreement.
285	285	(c) An election ordered under Subsection (b) shall be held
286	286	as part of the next regularly scheduled general election for the
287	287	county for which there remains sufficient time to add the question
288	288	to the ballot. The ballot shall be printed to provide for voting
289	289	for or against the proposition: "Repeal the meet and confer
290	290	agreement ratified on _____ (date agreement was ratified) by the
291	291	commissioners court and __________ (name of the association)
292	292	concerning wages, salaries, rates of pay, hours of work, and other
293	293	terms of employment of certain county _____ (law enforcement
294	294	officers or corrections officers or law enforcement officers and
295	295	corrections officers, as applicable)."
296	296	(d) If a majority of the votes cast at the election favor the
297	297	repeal of the meet and confer agreement, the agreement is void.
298	298	(e) A public employer and a recognized association may not
299	299	negotiate a new meet and confer agreement before the 181st day after
300	300	the date a meet and confer agreement is repealed at an election
301	301	under this section.
302	302	SECTION 2. This Act takes effect immediately if it receives
303	303	a vote of two-thirds of all the members elected to each house, as
304	304	provided by Section 39, Article III, Texas Constitution. If this
305	305	Act does not receive the vote necessary for immediate effect, this
306	306	Act takes effect September 1, 2009.