Texas 2013 - 83rd Regular

Texas House Bill HB2264 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R9329 TJB-F
2	2	By: Dukes, Rodriguez of Travis, Naishtat, H.B. No. 2264
3	3	Strama, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the right of certain municipalities to maintain local
9	9	control over wages, hours, and other terms and conditions of
10	10	employment.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 5, Local Government Code, is
13	13	amended by adding Chapter 148 to read as follows:
14	14	CHAPTER 148. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN
15	15	CERTAIN MUNICIPALITIES
16	16	Sec. 148.001. APPLICABILITY. (a) This chapter applies
17	17	only to a municipality with a population of 750,000 or more that is
18	18	primarily located in a county with a population of 1.5 million or
19	19	less.
20	20	(b) This chapter does not apply to:
21	21	(1) firefighters or police officers who are covered by
22	22	Subchapter I, Chapter 143;
23	23	(2) emergency medical services personnel; or
24	24	(3) an employee association in which employees
25	25	described by Subdivisions (1) and (2) participate.
26	26	Sec. 148.002. DEFINITIONS. In this chapter:
27	27	(1) "Appointed employee" means any municipal employee
28	28	appointed by the municipality's governing body.
29	29	(2) "Covered employee" means an employee of a
30	30	municipality, other than:
31	31	(A) an appointed employee;
32	32	(B) a city manager, an assistant city manager, or
33	33	a professional executive assistant to a city manager or assistant
34	34	city manager;
35	35	(C) an employee who holds an executive-level
36	36	position;
37	37	(D) a cadet or trainee enrolled in a training
38	38	program for police officers, firefighters, or emergency medical
39	39	services personnel;
40	40	(E) an employee designated under Section 148.010
41	41	as a bargaining agent for the municipality; and
42	42	(F) an employee designated as exempt from the
43	43	bargaining unit by the mutual agreement of the recognized employee
44	44	association and the public employer.
45	45	(3) "Emergency medical services personnel" has the
46	46	meaning assigned by Section 142.152(2).
47	47	(4) "Employee association" means an organization in
48	48	which municipal employees participate and that exists for the
49	49	purpose, wholly or partly, of dealing with one or more employers,
50	50	whether public or private, concerning grievances, labor disputes,
51	51	wages, rates of pay, hours of employment, or conditions of work
52	52	affecting public employees and whose members pay dues by means of an
53	53	automatic payroll deduction.
54	54	(5) "Public employer" means any municipality or
55	55	agency, board, commission, or political subdivision controlled by a
56	56	municipality that is required to establish the wages, salaries,
57	57	rates of pay, hours, working conditions, and other terms and
58	58	conditions of employment of public employees. The term may
59	59	include, under appropriate circumstances, a mayor, manager,
60	60	administrator of a municipality, municipal governing body,
61	61	director of personnel, personnel board, or one or more other
62	62	officials regardless of the name by which they are designated.
63	63	Sec. 148.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
64	64	RECOGNITION. (a) A municipality may not be denied local control
65	65	over wages, salaries, rates of pay, hours of work, other terms and
66	66	conditions of employment, or other state-mandated personnel
67	67	issues. A public employer may enter into a mutual agreement
68	68	governing these issues with an employee association recognized
69	69	under this chapter as the sole and exclusive bargaining agent for
70	70	all covered employees that does not advocate the illegal right to
71	71	strike by municipal employees. The applicable statutes, local
72	72	ordinances, and civil service rules govern a term or condition of
73	73	employment on which the public employer and the association do not
74	74	agree.
75	75	(b) An agreement under this chapter must be written.
76	76	(c) This chapter does not require the public employer and
77	77	the recognized employee association to meet and confer or reach an
78	78	agreement on any issue.
79	79	(d) This chapter does not authorize an agreement regarding
80	80	pension or pension-related matters governed by statute.
81	81	Sec. 148.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
82	82	BY GOVERNING BODY. (a) Not later than the 30th day after the date
83	83	the governing body of a municipality receives from an employee
84	84	association a petition signed by the majority of all covered
85	85	employees that requests recognition of the association as the sole
86	86	and exclusive bargaining agent for all the covered employees, the
87	87	governing body shall:
88	88	(1) grant recognition of the association as requested
89	89	in the petition and find that a public employer may meet and confer
90	90	under this chapter without conducting an election by the voters in
91	91	the municipality under Section 148.006;
92	92	(2) defer granting recognition of the association and
93	93	order an election by the voters in the municipality under Section
94	94	148.006 regarding whether a public employer may meet and confer
95	95	under this chapter; or
96	96	(3) order a certification election under Section
97	97	148.005 to determine whether the association represents a majority
98	98	of the covered employees.
99	99	(b) If the governing body of a municipality orders a
100	100	certification election under Subsection (a)(3) and the employee
101	101	association named in the petition is certified to represent a
102	102	majority of the covered employees, the governing body shall, not
103	103	later than the 30th day after the date results of that election are
104	104	certified:
105	105	(1) grant recognition of the association as requested
106	106	in the petition for recognition and find that a public employer may
107	107	meet and confer under this chapter without conducting an election
108	108	by the voters in the municipality under Section 148.006; or
109	109	(2) defer granting recognition of the association and
110	110	order an election by the voters in the municipality under Section
111	111	148.006 regarding whether a public employer may meet and confer
112	112	under this chapter.
113	113	Sec. 148.005. CERTIFICATION ELECTION. (a) Except as
114	114	provided by Subsection (b), a certification election ordered under
115	115	Section 148.004(a)(3) to determine whether an employee association
116	116	represents a majority of the covered employees shall be conducted
117	117	according to procedures agreeable to the parties.
118	118	(b) If the parties are unable to agree on procedures for the
119	119	certification election, either party may request the American
120	120	Arbitration Association to conduct the election and to certify the
121	121	results of the election.
122	122	(c) The results of an election shall be certified if the
123	123	employee association receives a majority of valid votes cast in the
124	124	election.
125	125	(d) The employee association is liable for the expenses of
126	126	the certification election, except that if two or more associations
127	127	seeking recognition as the sole and exclusive bargaining agent
128	128	submit a petition signed by at least 30 percent of the employees
129	129	eligible to sign the petition for recognition, all the associations
130	130	named in any petition shall share equally the costs of the election.
131	131	Sec. 148.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
132	132	CHAPTER. (a) The governing body of a municipality that receives a
133	133	petition for recognition under Section 148.004 may order an
134	134	election to determine whether a public employer may meet and confer
135	135	under this chapter.
136	136	(b) An election ordered under this section must be held as
137	137	part of the next regularly scheduled general election for municipal
138	138	officials that is held after the date the governing body of the
139	139	municipality orders the election and that allows sufficient time to
140	140	prepare the ballot in compliance with other requirements of law.
141	141	(c) The ballot for an election ordered under this section
142	142	shall be printed to permit voting for or against the proposition:
143	143	"Authorizing __________ (name of the municipality) to operate under
144	144	the state law allowing a municipality to meet and confer and make
145	145	agreements with the association representing municipal employees
146	146	as provided by state law, preserving the prohibition against
147	147	strikes and organized work stoppages, and providing penalties for
148	148	strikes and organized work stoppages."
149	149	(d) An election called under this section must be held and
150	150	the returns prepared and canvassed in conformity with the Election
151	151	Code.
152	152	(e) If an election authorized under this section is held,
153	153	the municipality may operate under the other provisions of this
154	154	chapter only if a majority of the votes cast at the election favor
155	155	the proposition.
156	156	(f) If an election authorized under this section is held, an
157	157	employee association may not submit a petition for recognition to
158	158	the governing body of the municipality under Section 148.004 before
159	159	the second anniversary of the date of the election.
160	160	Sec. 148.007. CHANGE OR MODIFICATION OF RECOGNITION. (a)
161	161	The municipal employees may modify or change the recognition of the
162	162	employee association granted under this chapter by filing with the
163	163	governing body of the municipality a petition signed by a majority
164	164	of all covered employees.
165	165	(b) The governing body of the municipality may:
166	166	(1) recognize the change or modification as provided
167	167	by the petition; or
168	168	(2) order a certification election in accordance with
169	169	Section 148.005 regarding whether to do so.
170	170	Sec. 148.008. STRIKES PROHIBITED. (a) A municipal
171	171	employee may not engage in a strike or organized work stoppage
172	172	against this state or the municipality.
173	173	(b) A municipal employee who participates in a strike
174	174	forfeits any civil service rights, reemployment rights, and other
175	175	rights, benefits, or privileges the employee may have as a result of
176	176	the employee's employment or prior employment with the
177	177	municipality.
178	178	(c) This section does not affect the right of a person to
179	179	cease work if the person is not acting in concert with others in an
180	180	organized work stoppage.
181	181	Sec. 148.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
182	182	public employer in a municipality that chooses to meet and confer
183	183	under this chapter shall recognize an employee association that is
184	184	recognized under Section 148.004 or 148.005 as the sole and
185	185	exclusive bargaining agent for the covered employees.
186	186	(b) The public employer shall recognize the employee
187	187	association until recognition of the association is modified or
188	188	changed, in accordance with Section 148.007, by a majority of the
189	189	municipal employees eligible to sign a petition for recognition.
190	190	Sec. 148.010. SELECTION OF BARGAINING AGENT; BARGAINING
191	191	UNIT. (a) The public employer's chief executive officer or the
192	192	chief executive officer's designee shall select one or more persons
193	193	to represent the public employer as its sole and exclusive
194	194	bargaining agent to meet and confer on issues related to the wages,
195	195	hours of employment, and other terms and conditions of employment
196	196	of municipal employees.
197	197	(b) An employee association may designate one or more
198	198	persons to negotiate or bargain on the association's behalf. An
199	199	employee association may not designate as one of its bargaining
200	200	agents any person employed as an attorney for the public employer.
201	201	(c) A municipality's bargaining unit is composed of all the
202	202	covered employees.
203	203	Sec. 148.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
204	204	confer agreement ratified under this chapter may not interfere with
205	205	the right of a member of a bargaining unit to pursue allegations of
206	206	discrimination based on race, creed, color, national origin,
207	207	religion, age, sex, or disability with the Texas Workforce
208	208	Commission civil rights division or the United States Equal
209	209	Employment Opportunity Commission or to pursue affirmative action
210	210	litigation.
211	211	Sec. 148.012. OPEN RECORDS. (a) A proposed meet and confer
212	212	agreement and a document prepared and used by the municipality,
213	213	including a public employer, in connection with the proposed
214	214	agreement are available to the public under Chapter 552, Government
215	215	Code, only after the agreement is ready to be ratified by the
216	216	governing body of the municipality.
217	217	(b) This section does not affect the application of
218	218	Subchapter C, Chapter 552, Government Code, to a document prepared
219	219	and used in connection with the agreement.
220	220	Sec. 148.013. OPEN DELIBERATIONS. (a) Deliberations
221	221	relating to a meet and confer agreement or proposed agreement under
222	222	this chapter between representatives of the public employer and
223	223	representatives of the employee association recognized under this
224	224	chapter as the sole and exclusive bargaining agent for the covered
225	225	employees must be open to the public and comply with state law.
226	226	(b) Subsection (a) may not be construed to prohibit the
227	227	representatives of the public employer or the representatives of
228	228	the recognized employee association from conducting private
229	229	caucuses that are not open to the public during meet and confer
230	230	negotiations.
231	231	Sec. 148.014. RATIFICATION AND ENFORCEABILITY OF
232	232	AGREEMENT. (a) An agreement under this chapter is enforceable and
233	233	binding on the public employer, the recognized employee
234	234	association, and the employees covered by the meet and confer
235	235	agreement only if:
236	236	(1) the governing body of the municipality ratified
237	237	the agreement by a majority vote; and
238	238	(2) the recognized employee association ratified the
239	239	agreement by conducting a secret ballot election at which the
240	240	majority of the covered employees who voted in the election and are
241	241	members of the association favored ratifying the agreement.
242	242	(b) A meet and confer agreement ratified as described by
243	243	Subsection (a) may establish a procedure by which the parties agree
244	244	to resolve disputes related to a right, duty, or obligation
245	245	provided by the agreement, including binding arbitration on a
246	246	question involving interpretation of the agreement.
247	247	(c) A state district court of a judicial district in which
248	248	the municipality is located has jurisdiction to hear and resolve a
249	249	dispute under the ratified meet and confer agreement on the
250	250	application of a party to the agreement aggrieved by an action or
251	251	omission of the other party when the action or omission is related
252	252	to a right, duty, or obligation provided by the agreement. The
253	253	court may issue proper restraining orders, temporary and permanent
254	254	injunctions, or any other writ, order, or process, including
255	255	contempt orders, that are appropriate to enforcing the agreement.
256	256	Sec. 148.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
257	257	OPERATE UNDER THIS CHAPTER. (a) The governing body of a
258	258	municipality that granted recognition of an employee association
259	259	under Section 148.004 without conducting an election under Section
260	260	148.006 may withdraw recognition of the association by providing to
261	261	the association not less than 90 days' written notice that:
262	262	(1) the governing body is withdrawing recognition of
263	263	the association; and
264	264	(2) any agreement between the governing body and the
265	265	association will not be renewed.
266	266	(b) The governing body of a municipality that granted
267	267	recognition of an employee association after conducting an election
268	268	under Section 148.006 may order an election to determine whether a
269	269	public employer may continue to meet and confer under this chapter.
270	270	The governing body may not order an election under this subsection
271	271	until the second anniversary of the date of the election under
272	272	Section 148.006.
273	273	(c) An election ordered under Subsection (b) must be held as
274	274	part of the next regularly scheduled general election for municipal
275	275	officers that occurs after the date the governing body of the
276	276	municipality orders the election and that allows sufficient time to
277	277	prepare the ballot in compliance with other requirements of law.
278	278	(d) The ballot for an election ordered under Subsection (b)
279	279	shall be printed to permit voting for or against the proposition:
280	280	"Authorizing __________ (name of the municipality) to continue to
281	281	operate under the state law allowing a municipality to meet and
282	282	confer and make agreements with the association representing
283	283	municipal employees as provided by state law, preserving the
284	284	prohibition against strikes and organized work stoppages, and
285	285	providing penalties for strikes and organized work stoppages."
286	286	(e) An election ordered under Subsection (b) must be held
287	287	and the returns prepared and canvassed in conformity with the
288	288	Election Code.
289	289	(f) If an election ordered under Subsection (b) is held, the
290	290	municipality may continue to operate under this chapter only if a
291	291	majority of the votes cast at the election favor the proposition.
292	292	(g) If an election ordered under Subsection (b) is held, an
293	293	employee association may not submit a petition for recognition to
294	294	the governing body of the municipality under Section 148.004 before
295	295	the second anniversary of the date of the election.
296	296	Sec. 148.016. ELECTION TO REPEAL AGREEMENT. (a) Not later
297	297	than the 45th day after the date a meet and confer agreement is
298	298	ratified by the governing body of the municipality and the
299	299	recognized employee association, a petition calling for the repeal
300	300	of the agreement signed by at least 10 percent of the qualified
301	301	voters residing in the municipality may be presented to the person
302	302	charged with ordering an election under Section 3.004, Election
303	303	Code.
304	304	(b) If a petition is presented under Subsection (a), the
305	305	governing body of the municipality shall:
306	306	(1) repeal the meet and confer agreement; or
307	307	(2) certify that it is not repealing the agreement and
308	308	call an election to determine whether to repeal the agreement.
309	309	(c) An election called under Subsection (b)(2) may be held
310	310	as part of the next regularly scheduled general election for the
311	311	municipality or at a special election called by the governing body
312	312	for that purpose. The ballot shall be printed to permit voting for
313	313	or against the proposition: "Repeal the meet and confer agreement
314	314	ratified on _____ (date agreement was ratified) by the __________
315	315	(name of the governing body of the municipality) and the _____ (name
316	316	of the recognized municipal employee association) concerning
317	317	wages, salaries, rates of pay, hours of work, and other terms of
318	318	employment."
319	319	(d) If a majority of the votes cast at the election favor the
320	320	repeal of the agreement, the agreement is void.
321	321	Sec. 148.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
322	322	A written meet and confer agreement ratified under this chapter
323	323	preempts, during the term of the agreement and to the extent of any
324	324	conflict, all contrary state statutes, local ordinances, executive
325	325	orders, civil service provisions, or rules adopted by this state or
326	326	a political subdivision or agent of this state, including a
327	327	personnel board, civil service commission, or home-rule
328	328	municipality, other than a statute, ordinance, executive order,
329	329	civil service provision, or rule regarding pensions or
330	330	pension-related matters.
331	331	Sec. 148.018. ARBITRATION. The governing body of a
332	332	municipality may submit to interest arbitration any issues that
333	333	were the subject of negotiation between the municipality and the
334	334	employee association. An award or decision by an arbitrator is not
335	335	binding on the municipality until it is adopted by the
336	336	municipality's governing body.
337	337	SECTION 2. This Act takes effect September 1, 2013.