Texas 2009 - 81st Regular

Texas Senate Bill SB764 Compare Versions

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1	1	By: Watson, Hinojosa S.B. No. 764
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the right of certain municipalities to maintain local
7	7	control over wages, hours, and other terms and conditions of
8	8	employment.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 146, Local Government Code, is amended
11	11	by designating Sections 146.001, 146.002, 146.003, 146.004,
12	12	146.005, 146.006, 146.007, 146.008, 146.009, 146.010, 146.011,
13	13	146.012, 146.013, 146.014, 146.015, 146.016, and 146.017 as
14	14	Subchapter A and adding a subchapter heading to read as follows:
15	15	SUBCHAPTER A. MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE
16	16	SECTION 2. Sections 146.001 through 146.004, Local
17	17	Government Code, are amended to read as follows:
18	18	Sec. 146.001. APPLICABILITY. (a) This subchapter
19	19	[chapter] applies only to a municipality with a population of 1.5
20	20	million or more.
21	21	(b) This subchapter [chapter] does not apply to:
22	22	(1) firefighters or police officers who are covered by
23	23	Subchapter H, I, or J of Chapter 143 or by Chapter 174; or
24	24	(2) an employee association in which those employees
25	25	participate.
26	26	Sec. 146.002. DEFINITIONS. In this subchapter [chapter]:
27	27	(1) "Covered employee" means an employee of a
28	28	municipality, other than a department head or a firefighter or
29	29	police officer who is covered by Subchapter H, I, or J of Chapter
30	30	143 or by Chapter 174.
31	31	(2) "Employee association" means an organization in
32	32	which municipal employees participate and that exists for the
33	33	purpose, wholly or partly, of dealing with one or more employers,
34	34	whether public or private, concerning grievances, labor disputes,
35	35	wages, rates of pay, hours of employment, or conditions of work
36	36	affecting public employees and whose members pay dues by means of an
37	37	automatic payroll deduction.
38	38	(3) "Public employer" means any municipality or
39	39	agency, board, commission, or political subdivision controlled by a
40	40	municipality that is required to establish the wages, salaries,
41	41	rates of pay, hours, working conditions, and other terms and
42	42	conditions of employment of public employees. The term may
43	43	include, under appropriate circumstances, a mayor, manager,
44	44	administrator of a municipality, municipal governing body,
45	45	director of personnel, personnel board, or one or more other
46	46	officials regardless of the name by which they are designated.
47	47	Sec. 146.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
48	48	RECOGNITION. (a) A municipality may not be denied local control
49	49	over the wages, salaries, rates of pay, hours of work, other terms
50	50	and conditions of employment, or other state-mandated personnel
51	51	issues. A public employer may enter into a mutual agreement
52	52	governing these issues with an employee association recognized
53	53	under this subchapter [chapter] as the sole and exclusive
54	54	bargaining agent for all covered employees that does not advocate
55	55	the illegal right to strike by municipal employees. The applicable
56	56	statutes, local ordinances, and civil service rules govern a term
57	57	or condition of employment on which the public employer and the
58	58	association do not agree.
59	59	(b) An agreement under this subchapter [chapter] must be
60	60	written.
61	61	(c) This subchapter [chapter] does not require the public
62	62	employer and the recognized employee association to meet and confer
63	63	or reach an agreement on any issue.
64	64	(d) This subchapter [chapter] does not authorize an
65	65	agreement regarding pension or pension-related matters governed by
66	66	Chapter 88 (H.B. 1573), Acts of the 77th Legislature, Regular
67	67	Session, 2001 (Article 6243h, Vernon's Texas Civil Statutes)
68	68	[Chapter 358, Acts of the 48th Legislature, Regular Session, 1943
69	69	(Article 6243g, Vernon's Texas Civil Statues)], or a successor
70	70	statute.
71	71	Sec. 146.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
72	72	BY GOVERNING BODY. (a) Not later than the 30th day after the date
73	73	the governing body of a municipality receives from an employee
74	74	association a petition signed by the majority of all covered
75	75	employees that requests recognition of the association as the sole
76	76	and exclusive bargaining agent for all the covered employees, the
77	77	governing body shall:
78	78	(1) grant recognition of the association as requested
79	79	in the petition and find that a public employer may meet and confer
80	80	under this subchapter [chapter] without conducting an election by
81	81	the voters in the municipality under Section 146.006;
82	82	(2) defer granting recognition of the association and
83	83	order an election by the voters in the municipality under Section
84	84	146.006 regarding whether a public employer may meet and confer
85	85	under this subchapter [chapter]; or
86	86	(3) order a certification election under Section
87	87	146.005 to determine whether the association represents a majority
88	88	of the covered employees.
89	89	(b) If the governing body of a municipality orders a
90	90	certification election under Subsection (a)(3) and the association
91	91	named in the petition is certified to represent a majority of the
92	92	covered employees, the governing body shall, not later than the
93	93	30th day after the date that results of that election are certified:
94	94	(1) grant recognition of the association as requested
95	95	in the petition for recognition and find that a public employer may
96	96	meet and confer under this subchapter [chapter] without conducting
97	97	an election by the voters in the municipality under Section
98	98	146.006; or
99	99	(2) defer granting recognition of the association and
100	100	order an election by the voters in the municipality under Section
101	101	146.006 regarding whether a public employer may meet and confer
102	102	under this subchapter [chapter].
103	103	SECTION 3. The heading to Section 146.006, Local Government
104	104	Code, is amended to read as follows:
105	105	Sec. 146.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
106	106	SUBCHAPTER [CHAPTER].
107	107	SECTION 4. Subsections (a) and (e), Section 146.006, Local
108	108	Government Code, are amended to read as follows:
109	109	(a) The governing body of a municipality that receives a
110	110	petition for recognition under Section 146.004 may order an
111	111	election to determine whether a public employer may meet and confer
112	112	under this subchapter [chapter].
113	113	(e) If an election authorized under this section is held,
114	114	the municipality may operate under the other provisions of this
115	115	subchapter [chapter] only if a majority of the votes cast at the
116	116	election favor the proposition.
117	117	SECTION 5. Subsection (a), Section 146.007, Local
118	118	Government Code, is amended to read as follows:
119	119	(a) The municipal employees may modify or change the
120	120	recognition of the employee association granted under this
121	121	subchapter [chapter] by filing with the governing body of the
122	122	municipality a petition signed by a majority of all covered
123	123	employees.
124	124	SECTION 6. Subsection (a), Section 146.009, Local
125	125	Government Code, is amended to read as follows:
126	126	(a) A public employer in a municipality that chooses to meet
127	127	and confer under this subchapter [chapter] shall recognize an
128	128	association that is recognized under Section 146.004 or 146.005 as
129	129	the sole and exclusive bargaining agent for the covered employees.
130	130	SECTION 7. Section 146.011, Local Government Code, is
131	131	amended to read as follows:
132	132	Sec. 146.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
133	133	confer agreement ratified under this subchapter [chapter] may not
134	134	interfere with the right of a member of a bargaining unit to pursue
135	135	allegations of discrimination based on race, creed, color, national
136	136	origin, religion, age, sex, or disability with the Texas Workforce
137	137	Commission civil rights division or the federal Equal Employment
138	138	Opportunity Commission or to pursue affirmative action litigation.
139	139	SECTION 8. Subsection (a), Section 146.013, Local
140	140	Government Code, is amended to read as follows:
141	141	(a) Deliberations relating to a meet and confer agreement or
142	142	proposed agreement under this subchapter [chapter] between
143	143	representatives of the public employer and representatives of the
144	144	employee association recognized under this subchapter [chapter] as
145	145	the sole and exclusive bargaining agent for the covered employees
146	146	must be open to the public and comply with state law.
147	147	SECTION 9. Subsection (a), Section 146.014, Local
148	148	Government Code, is amended to read as follows:
149	149	(a) An agreement under this subchapter [chapter] is
150	150	enforceable and binding on the public employer, the recognized
151	151	employee association, and the employees covered by the meet and
152	152	confer agreement only if:
153	153	(1) the governing body of the municipality ratified
154	154	the agreement by a majority vote; and
155	155	(2) the recognized employee association ratified the
156	156	agreement by conducting a secret ballot election at which the
157	157	majority of the covered employees who are members of the
158	158	association favored ratifying the agreement.
159	159	SECTION 10. The heading to Section 146.015, Local
160	160	Government Code, is amended to read as follows:
161	161	Sec. 146.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
162	162	OPERATE UNDER THIS SUBCHAPTER [CHAPTER].
163	163	SECTION 11. Subsections (b) and (f), Section 146.015, Local
164	164	Government Code, are amended to read as follows:
165	165	(b) The governing body of a municipality that granted
166	166	recognition of an employee association after conducting an election
167	167	under Section 146.006 may order an election to determine whether a
168	168	public employer may continue to meet and confer under this
169	169	subchapter [chapter]. The governing body may not order an election
170	170	under this subsection until the second anniversary of the date of
171	171	the election under Section 146.006.
172	172	(f) If an election ordered under Subsection (b) is held, the
173	173	municipality may continue to operate under this subchapter
174	174	[chapter] only if a majority of the votes cast at the election favor
175	175	the proposition.
176	176	SECTION 12. Section 146.017, Local Government Code, is
177	177	amended to read as follows:
178	178	Sec. 146.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
179	179	A written meet and confer agreement ratified under this subchapter
180	180	[chapter] preempts, during the term of the agreement and to the
181	181	extent of any conflict, all contrary state statutes, local
182	182	ordinances, executive orders, civil service provisions, or rules
183	183	adopted by this state or a political subdivision or agent of this
184	184	state, including a personnel board, civil service commission, or
185	185	home-rule municipality, other than a statute, ordinance, executive
186	186	order, civil service provision, or rule regarding pensions or
187	187	pension-related matters.
188	188	SECTION 13. Chapter 146, Local Government Code, is amended
189	189	by adding Subchapter B to read as follows:
190	190	SUBCHAPTER B. MUNICIPALITY WITH POPULATION OF 650,000 OR MORE THAT
191	191	OPERATES UNDER CITY MANAGER FORM OF GOVERNMENT
192	192	Sec. 146.101. APPLICABILITY. (a) This subchapter applies
193	193	only to a municipality with a population of 650,000 or more:
194	194	(1) that operates under a city manager form of
195	195	government;
196	196	(2) in which all members of the municipality's
197	197	governing body are elected at large; and
198	198	(3) that recognized associations under Subchapter I,
199	199	Chapter 143, as the exclusive bargaining agents for both
200	200	firefighters and police officers before September 1, 2005.
201	201	(b) This subchapter does not apply to:
202	202	(1) firefighters or police officers who are covered by
203	203	Subchapter I, Chapter 143;
204	204	(2) emergency medical services personnel; or
205	205	(3) an employee association in which employees
206	206	described by Subdivisions (1) and (2) participate.
207	207	(c) A municipality that was subject to this subchapter by
208	208	application of Subsection (a) and that subsequently changes its
209	209	governing body or form of government continues to be subject to this
210	210	subchapter, regardless of whether the municipality continues to
211	211	meet the requirements of Subdivisions (1) and (2) of that
212	212	subsection.
213	213	Sec. 146.102. DEFINITIONS. In this subchapter:
214	214	(1) "Appointed employee" means any municipal employee
215	215	appointed by the municipality's governing body.
216	216	(2) "Covered employee" means an employee of a
217	217	municipality, other than:
218	218	(A) an appointed employee;
219	219	(B) a city manager, an assistant city manager, or
220	220	a professional executive assistant to a city manager or assistant
221	221	city manager;
222	222	(C) an employee who holds an executive-level
223	223	position;
224	224	(D) a cadet or trainee enrolled in a training
225	225	program for police officers, firefighters, or emergency medical
226	226	services personnel;
227	227	(E) an employee designated under Section 146.110
228	228	as a bargaining agent for the municipality; and
229	229	(F) an employee designated as exempt from the
230	230	bargaining unit by the mutual agreement of the recognized employee
231	231	association and the public employer.
232	232	(3) "Emergency medical services personnel" has the
233	233	meaning assigned by Section 142.152(2).
234	234	(4) "Employee association" means an organization in
235	235	which municipal employees participate and that exists for the
236	236	purpose, wholly or partly, of dealing with one or more employers,
237	237	whether public or private, concerning grievances, labor disputes,
238	238	wages, rates of pay, hours of employment, or conditions of work
239	239	affecting public employees and whose members pay dues by means of an
240	240	automatic payroll deduction.
241	241	(5) "Public employer" means any municipality or
242	242	agency, board, commission, or political subdivision controlled by a
243	243	municipality that is required to establish the wages, salaries,
244	244	rates of pay, hours, working conditions, and other terms and
245	245	conditions of employment of public employees. The term may
246	246	include, under appropriate circumstances, a mayor, manager,
247	247	administrator of a municipality, municipal governing body,
248	248	director of personnel, personnel board, or one or more other
249	249	officials regardless of the name by which they are designated.
250	250	Sec. 146.103. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
251	251	RECOGNITION. (a) A municipality may not be denied local control
252	252	over wages, salaries, rates of pay, hours of work, other terms and
253	253	conditions of employment, or other state-mandated personnel
254	254	issues. A public employer may enter into a mutual agreement
255	255	governing these issues with an employee association recognized
256	256	under this subchapter as the sole and exclusive bargaining agent
257	257	for all covered employees that does not advocate the illegal right
258	258	to strike by municipal employees. The applicable statutes, local
259	259	ordinances, and civil service rules govern a term or condition of
260	260	employment on which the public employer and the association do not
261	261	agree.
262	262	(b) An agreement under this subchapter must be written.
263	263	(c) This subchapter does not require the public employer and
264	264	the recognized employee association to meet and confer or reach an
265	265	agreement on any issue.
266	266	(d) This subchapter does not authorize an agreement
267	267	regarding pension or pension-related matters governed by statute.
268	268	Sec. 146.104. PETITION FOR RECOGNITION: ELECTION OR ACTION
269	269	BY GOVERNING BODY. (a) Not later than the 30th day after the date
270	270	the governing body of a municipality receives from an employee
271	271	association a petition signed by the majority of all covered
272	272	employees that requests recognition of the association as the sole
273	273	and exclusive bargaining agent for all the covered employees, the
274	274	governing body shall:
275	275	(1) grant recognition of the association as requested
276	276	in the petition and find that a public employer may meet and confer
277	277	under this subchapter without conducting an election by the voters
278	278	in the municipality under Section 146.106;
279	279	(2) defer granting recognition of the association and
280	280	order an election by the voters in the municipality under Section
281	281	146.106 regarding whether a public employer may meet and confer
282	282	under this subchapter; or
283	283	(3) order a certification election under Section
284	284	146.105 to determine whether the association represents a majority
285	285	of the covered employees.
286	286	(b) If the governing body of a municipality orders a
287	287	certification election under Subsection (a)(3) and the employee
288	288	association named in the petition is certified to represent a
289	289	majority of the covered employees, the governing body shall, not
290	290	later than the 30th day after the date results of that election are
291	291	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
321	321	receives a petition for recognition under Section 146.104 may order
322	322	an election to determine whether a public employer may meet and
323	323	confer 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	employee association may not submit a petition for recognition to
346	346	the governing body of the municipality under Section 146.104 before
347	347	the second anniversary of the date of the election.
348	348	Sec. 146.107. CHANGE OR MODIFICATION OF RECOGNITION.
349	349	(a) The municipal employees may modify or change the recognition
350	350	of the employee association granted under this subchapter by filing
351	351	with 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
399	399	confer agreement and a document prepared and used by the
400	400	municipality, including a public employer, in connection with the
401	401	proposed agreement are available to the public under Chapter 552,
402	402	Government Code, only after the agreement is ready to be ratified by
403	403	the 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	employee association may not submit a petition for recognition to
482	482	the governing body of the municipality under Section 146.104 before
483	483	the 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.