Texas 2015 - 84th Regular

Texas Senate Bill SB1295 Compare Versions

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

Old	New	Differences
1	1	84R11561 PAM-F
2	2	By: West S.B. No. 1295
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to separate negotiations regarding employment matters for
8	8	police officers and firefighters in certain municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 147, Local Government
11	11	Code, is amended to read as follows:
12	12	CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER [AND POLICE OFFICER]
13	13	EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE
14	14	MILLION OR MORE
15	15	SECTION 2. Sections 147.003(a), (b), (c), and (d), Local
16	16	Government Code, are amended to read as follows:
17	17	(a) A meet and confer team is created under this section and
18	18	consists of [the following members:
19	19	[(1)] members representing the firefighter employee
20	20	groups in the municipality, provided each group may appoint only
21	21	one firefighter of the municipality to serve as a member of the team
22	22	[; and
23	23	[(2) members representing the police officer employee
24	24	groups in the municipality, provided each group may appoint only
25	25	one police officer of the municipality to serve as a member of the
26	26	team].
27	27	(b) The meet and confer team represents all firefighters
28	28	[and police officers] in the municipality and shall negotiate with
29	29	the municipality in an effort to reach an agreement on concerns
30	30	shared by the firefighters [and police officers] regarding terms of
31	31	employment, including concerns relating to wages, benefits, and
32	32	other working conditions but excluding concerns relating to
33	33	pensions. Only the meet and confer team created under this section
34	34	may represent the firefighters [or police officers] of the
35	35	municipality in the capacity described by this subsection, except
36	36	that the team may be accompanied by legal counsel.
37	37	(c) Concerns relating to affirmative action, employment
38	38	discrimination, hiring, and promotions may be discussed by
39	39	individual firefighter [and police officer] associations
40	40	independent of the meet and confer team.
41	41	(d) Expenses associated with the meet and confer team must
42	42	be divided pro rata among each firefighter employee group [and
43	43	police officer employee group] based on the number of sworn fire [or
44	44	police] department members represented by each group.
45	45	SECTION 3. Section 147.0031, Local Government Code, is
46	46	amended to read as follows:
47	47	Sec. 147.0031. PETITION FOR RECOGNITION: ELECTION OR ACTION
48	48	BY GOVERNING BODY. (a) Not later than the 30th day after the date
49	49	the governing body of a municipality receives from the meet and
50	50	confer team a petition signed by a majority of all [police officers
51	51	and a majority of all] firefighters, excluding the head of the
52	52	[police department, the head of the] fire department [,] and other
53	53	excluded employees as described by Section 147.0035(b), that
54	54	requests recognition of the meet and confer team as the sole and
55	55	exclusive bargaining agent for all the [police officers and]
56	56	firefighters employed by the municipality, excluding the head of
57	57	the [police department, the head of the] fire department [,] and
58	58	other excluded employees as described by Section 147.0035(b), the
59	59	governing body shall:
60	60	(1) grant recognition of the meet and confer team as
61	61	requested in the petition and determine by majority vote that the
62	62	municipality may meet and confer under this chapter without
63	63	conducting an election by the voters in the municipality under
64	64	Section 147.0033;
65	65	(2) defer granting recognition of the meet and confer
66	66	team and order an election by the voters in the municipality under
67	67	Section 147.0033 regarding whether the municipality may meet and
68	68	confer under this chapter; or
69	69	(3) order a certification election under Section
70	70	147.0032 to determine whether the employee groups in the meet and
71	71	confer team represent a majority of the covered [police officers
72	72	and a majority of the covered] firefighters.
73	73	(b) If the governing body of a municipality orders a
74	74	certification election under Subsection (a)(3) and the employee
75	75	groups that are part of the meet and confer team are certified to
76	76	represent a majority of the covered [police officers and a majority
77	77	of the covered] firefighters, the governing body shall, not later
78	78	than the 30th day after the date that results of that election are
79	79	certified:
80	80	(1) grant recognition of the meet and confer team as
81	81	requested in the petition for recognition and determine by majority
82	82	vote that the municipality may meet and confer under this chapter
83	83	without conducting an election by the voters in the municipality
84	84	under Section 147.0033; or
85	85	(2) defer granting recognition of the meet and confer
86	86	team and order an election by the voters in the municipality under
87	87	Section 147.0033 regarding whether a public employer may meet and
88	88	confer under this chapter.
89	89	SECTION 4. Section 147.0032(a), Local Government Code, is
90	90	amended to read as follows:
91	91	(a) Except as provided by Subsection (b), a certification
92	92	election ordered under Section 147.0031(a)(3) to determine whether
93	93	the employee groups in the meet and confer team represent a majority
94	94	of the covered [police officers and a majority of the covered]
95	95	firefighters shall be conducted according to procedures agreeable
96	96	to the parties.
97	97	SECTION 5. Section 147.0033(c), Local Government Code, is
98	98	amended to read as follows:
99	99	(c) The ballot for an election ordered under this section
100	100	shall be printed to permit voting for or against the
101	101	proposition: "Authorizing __________ (name of the municipality)
102	102	to operate under the state law allowing a municipality to meet and
103	103	confer and make agreements with the meet and confer team
104	104	representing municipal [police officers and] firefighters as
105	105	provided by state law, preserving the prohibition against strikes
106	106	and organized work stoppages, and providing penalties for strikes
107	107	and organized work stoppages."
108	108	SECTION 6. Section 147.0034(a), Local Government Code, is
109	109	amended to read as follows:
110	110	(a) The [police officers and] firefighters may withdraw the
111	111	recognition of the meet and confer team granted under this chapter
112	112	by filing with the governing body of the municipality a petition
113	113	signed by a majority of all covered [police officers and a majority
114	114	of all covered] firefighters.
115	115	SECTION 7. Section 147.0035, Local Government Code, is
116	116	amended to read as follows:
117	117	Sec. 147.0035. RECOGNITION OF MEET AND CONFER TEAM. (a) A
118	118	public employer in a municipality that chooses to meet and confer
119	119	under this chapter shall recognize the meet and confer team that is
120	120	recognized under Section 147.0031 or 147.0033 as the sole and
121	121	exclusive bargaining agent for the [police officers and]
122	122	firefighters, excluding the head of the [police department, head of
123	123	the] fire department [,] and the employees exempt under Subsection
124	124	(b), in accordance with this chapter and the petition.
125	125	(b) For the purposes of Subsection (a), exempt employees are
126	126	employees appointed by the head of the [police department or] fire
127	127	department in the classification immediately below that of
128	128	department head or that are exempt by the mutual agreement of the
129	129	meet and confer team and the municipality.
130	130	(c) The municipality shall recognize the meet and confer
131	131	team until recognition of the meet and confer team is withdrawn in
132	132	accordance with Section 147.0034 by a majority of the [police
133	133	officers and a majority of the] firefighters who are eligible to
134	134	sign a petition for recognition.
135	135	SECTION 8. Sections 147.004(a), (c), and (d), Local
136	136	Government Code, are amended to read as follows:
137	137	(a) A municipality may not be denied local control over the
138	138	wages, salaries, rates of pay, hours of work, and other terms of
139	139	employment, or other state-mandated personnel issues, if the
140	140	municipality and the meet and confer team recognized under Section
141	141	147.0031 or 147.0033 as the sole and exclusive bargaining agent for
142	142	the covered [police officers and] firefighters come to a mutual
143	143	agreement on any of the terms of employment. If an agreement is not
144	144	reached, the state laws, local ordinances, and civil service rules
145	145	remain unaffected. All agreements shall be written. Nothing in
146	146	this chapter requires either party to meet and confer on any issue
147	147	or reach an agreement.
148	148	(c) Firefighters [and police officers] of a municipality
149	149	may not engage in strikes against this state or a political
150	150	subdivision of this state. A firefighter [or police officer] who
151	151	participates in a strike forfeits all civil service rights,
152	152	reemployment rights, and any other rights, benefits, or privileges
153	153	the firefighter [or police officer] enjoys as a result of
154	154	employment or prior employment.
155	155	(d) In this section, "strike" means failing to report for
156	156	duty in concerted action with others, wilfully being absent from an
157	157	assigned position, stopping work, abstaining from the full,
158	158	faithful, and proper performance of the duties of employment, or
159	159	interfering with the operation of a municipality. However, this
160	160	section does not prohibit a firefighter [or police officer] from
161	161	conferring with members of the municipal governing body about
162	162	conditions, compensation, rights, privileges, or obligations of
163	163	employment.
164	164	SECTION 9. Section 147.005, Local Government Code, is
165	165	amended to read as follows:
166	166	Sec. 147.005. PAYROLL DUES DEDUCTIONS. The municipality
167	167	may not prevent automatic payroll deductions for dues paid to a
168	168	firefighter employee group [or police officer employee group].
169	169	SECTION 10. Section 147.007(a), Local Government Code, is
170	170	amended to read as follows:
171	171	(a) A written agreement made under this chapter between a
172	172	municipality and the meet and confer team is enforceable and
173	173	binding on the municipality, the meet and confer team, firefighter
174	174	employee groups, [police officer employee groups,] and the
175	175	firefighters [and police officers] covered by the agreement if:
176	176	(1) the municipality's governing body ratified the
177	177	agreement by a majority vote; and
178	178	(2) the agreement is ratified under Section 147.008.
179	179	SECTION 11. Sections 147.008(b) and (d), Local Government
180	180	Code, are amended to read as follows:
181	181	(b) All firefighters [and police officers] of the
182	182	municipality are eligible to vote in the election.
183	183	(d) A firefighter [or police officer] who is not a member of
184	184	a firefighter employee group [or a police officer employee group]
185	185	may be assessed a fee for any cost associated with casting the
186	186	firefighter's [or police officer's] vote.
187	187	SECTION 12. Section 147.009(d), Local Government Code, is
188	188	amended to read as follows:
189	189	(d) The ballot for an election ordered under Subsection (b)
190	190	shall be printed to allow voting for or against the
191	191	proposition: "Authorizing __________ (name of the municipality)
192	192	to continue to operate under the state law allowing a municipality
193	193	to meet and confer and make agreements with the meet and confer team
194	194	representing municipal [police officers and] firefighters as
195	195	provided by state law, preserving the prohibition against strikes
196	196	and organized work stoppages, and providing penalties for strikes
197	197	and organized work stoppages."
198	198	SECTION 13. Chapter 147, Local Government Code, is amended
199	199	by adding Section 147.0091 to read as follows:
200	200	Sec. 147.0091. TEMPORARY PROVISION: ACTION TO WITHDRAW
201	201	RECOGNITION OF POLICE OFFICER AND FIREFIGHTER MEET AND CONFER TEAM
202	202	UNDER THIS CHAPTER. (a) Notwithstanding Sections 147.009(b)
203	203	through (g), the governing body of a municipality that granted
204	204	recognition of a meet and confer team as the sole and exclusive
205	205	bargaining agent of all police officers and firefighters under
206	206	Section 147.0031 before September 1, 2015, shall, not later than
207	207	September 30, 2015, withdraw recognition of the meet and confer
208	208	team by providing to the meet and confer team written notice that:
209	209	(1) pursuant to __.B. No. __, Acts of the 84th
210	210	Legislature, Regular Session, 2015, the governing body is
211	211	withdrawing recognition of the meet and confer team; and
212	212	(2) any agreement between the governing body and the
213	213	meet and confer team will not be renewed.
214	214	(b) This section expires September 1, 2025.
215	215	SECTION 14. Sections 147.010(a) and (c), Local Government
216	216	Code, are amended to read as follows:
217	217	(a) Not later than the 60th day after the date a meet and
218	218	confer agreement is ratified by the governing body of the
219	219	municipality and the firefighters [and police officers] under
220	220	Section 147.008, a petition calling for the repeal of the agreement
221	221	signed by a number of registered voters residing in the
222	222	municipality equal to at least 10 percent of the votes cast at the
223	223	most recent general election held in the municipality may be
224	224	presented to the person charged with ordering an election under
225	225	Section 3.004, Election Code.
226	226	(c) An election called under Subsection (b)(2) may be held
227	227	as part of the next regularly scheduled general election for the
228	228	municipality. The ballot shall be printed to provide for voting
229	229	for or against the proposition: "Repeal the meet and confer
230	230	agreement ratified on __________ (date agreement was ratified) by
231	231	the __________ (name of the governing body of the municipality) and
232	232	the [police officers and] firefighters employed by the City of
233	233	__________ (name of municipality) concerning wages, salaries,
234	234	rates of pay, hours of work, and other terms of employment."
235	235	SECTION 15. Section 147.011, Local Government Code, is
236	236	amended to read as follows:
237	237	Sec. 147.011. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a)
238	238	This chapter may not be construed to repeal any existing benefit
239	239	provided by statute or ordinance concerning [police officers' or]
240	240	firefighters' compensation, pensions, retirement plans, hours of
241	241	work, conditions of employment, or other emoluments except as
242	242	expressly provided in a ratified meet and confer agreement. This
243	243	chapter is in addition to the benefits provided by existing
244	244	statutes and ordinances.
245	245	(b) This chapter may not be construed to interfere with the
246	246	free speech right, guaranteed by the First Amendment to the United
247	247	States Constitution, of an individual firefighter [or a police
248	248	officer] to endorse or dissent from any agreement.
249	249	SECTION 16. Subtitle A, Title 5, Local Government Code, is
250	250	amended by adding Chapter 148 to read as follows:
251	251	CHAPTER 148. LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS IN
252	252	CERTAIN MUNICIPALITIES WITH POPULATION OF ONE MILLION OR MORE
253	253	Sec. 148.001. APPLICABILITY. This chapter applies only to
254	254	a municipality with a population of one million or more, but does
255	255	not apply to a municipality that has adopted Chapter 143 or 174.
256	256	Sec. 148.002. DEFINITIONS. In this chapter:
257	257	(1) "Police officer" means a sworn police officer
258	258	employed by the municipality who is covered by the municipality's
259	259	police pension plan and is classified by the municipality as
260	260	nonexempt. The term does not include a police officer with a rank
261	261	above that of captain, a civilian, or a municipal marshal.
262	262	(2) "Police officer employee group" means an
263	263	organization:
264	264	(A) in which, on or before September 1, 2007, at
265	265	least three percent of the police officers of the municipality have
266	266	participated and paid dues via automatic payroll deduction; and
267	267	(B) that exists for the purpose, in whole or in
268	268	part, of dealing with the municipality concerning grievances, labor
269	269	disputes, wages, rates of pay, hours of employment, or conditions
270	270	of employment affecting police officers.
271	271	Sec. 148.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) A
272	272	meet and confer team is created under this section and consists of
273	273	members representing the police officer employee groups in the
274	274	municipality, provided each group may appoint only one police
275	275	officer of the municipality to serve as a member of the team.
276	276	(b) The meet and confer team represents all police officers
277	277	in the municipality and shall negotiate with the municipality in an
278	278	effort to reach an agreement on concerns shared by the police
279	279	officers regarding terms of employment, including concerns
280	280	relating to wages, benefits, and other working conditions but
281	281	excluding concerns relating to pensions. Only the meet and confer
282	282	team created under this section may represent the police officers
283	283	of the municipality in the capacity described by this subsection,
284	284	except that the team may be accompanied by a representative of the
285	285	team's choosing to assist with the negotiation process.
286	286	(c) Concerns relating to affirmative action, employment
287	287	discrimination, hiring, and promotions may be discussed by
288	288	individual police officer associations independent of the meet and
289	289	confer team.
290	290	(d) Expenses associated with the meet and confer team must
291	291	be divided pro rata among each police officer employee group based
292	292	on the number of sworn police department members represented by
293	293	each group.
294	294	(e) A municipality may designate one or more persons to meet
295	295	and confer on the municipality's behalf.
296	296	Sec. 148.0031. PETITION FOR RECOGNITION: ELECTION OR ACTION
297	297	BY GOVERNING BODY. (a) Not later than the 30th day after the date
298	298	the governing body of a municipality receives from the meet and
299	299	confer team a petition signed by a majority of all police officers,
300	300	excluding the head of the police department and other excluded
301	301	employees as described by Section 148.0035(b), that requests
302	302	recognition of the meet and confer team as the sole and exclusive
303	303	bargaining agent for all the police officers employed by the
304	304	municipality, excluding the head of the police department and other
305	305	excluded employees as described by Section 148.0035(b), the
306	306	governing body shall:
307	307	(1) grant recognition of the meet and confer team as
308	308	requested in the petition and determine by majority vote that the
309	309	municipality may meet and confer under this chapter without
310	310	conducting an election by the voters in the municipality under
311	311	Section 148.0033;
312	312	(2) defer granting recognition of the meet and confer
313	313	team and order an election by the voters in the municipality under
314	314	Section 148.0033 regarding whether the municipality may meet and
315	315	confer under this chapter; or
316	316	(3) order a certification election under Section
317	317	148.0032 to determine whether the employee groups in the meet and
318	318	confer team represent a majority of the covered police officers.
319	319	(b) If the governing body of a municipality orders a
320	320	certification election under Subsection (a)(3) and the employee
321	321	groups that are part of the meet and confer team are certified to
322	322	represent a majority of the covered police officers, the governing
323	323	body shall, not later than the 30th day after the date that results
324	324	of that election are certified:
325	325	(1) grant recognition of the meet and confer team as
326	326	requested in the petition for recognition and determine by majority
327	327	vote that the municipality may meet and confer under this chapter
328	328	without conducting an election by the voters in the municipality
329	329	under Section 148.0033; or
330	330	(2) defer granting recognition of the meet and confer
331	331	team and order an election by the voters in the municipality under
332	332	Section 148.0033 regarding whether a public employer may meet and
333	333	confer under this chapter.
334	334	Sec. 148.0032. CERTIFICATION ELECTION. (a) Except as
335	335	provided by Subsection (b), a certification election ordered under
336	336	Section 148.0031(a)(3) to determine whether the employee groups in
337	337	the meet and confer team represent a majority of the covered police
338	338	officers shall be conducted according to procedures agreeable to
339	339	the parties.
340	340	(b) If the parties are unable to agree on procedures for the
341	341	certification election, either party may request the American
342	342	Arbitration Association to conduct the election and to certify the
343	343	results of the election.
344	344	(c) Certification of the results of an election under this
345	345	section resolves the question concerning representation.
346	346	(d) Each employee group in the meet and confer team is
347	347	liable for the expenses of the certification election for the
348	348	employees the group represents.
349	349	Sec. 148.0033. ELECTION TO AUTHORIZE OPERATING UNDER THIS
350	350	CHAPTER. (a) The governing body of a municipality that receives a
351	351	petition for recognition under Section 148.0031 may order an
352	352	election to determine whether a public employer may meet and confer
353	353	under this chapter.
354	354	(b) An election ordered under this section must be held as
355	355	part of the next regularly scheduled general election for municipal
356	356	officials that is held after the date the governing body of the
357	357	municipality orders the election and that allows sufficient time to
358	358	prepare the ballot in compliance with other requirements of law.
359	359	(c) The ballot for an election ordered under this section
360	360	shall be printed to permit voting for or against the proposition:
361	361	"Authorizing __________ (name of the municipality) to operate under
362	362	the state law allowing a municipality to meet and confer and make
363	363	agreements with the meet and confer team representing municipal
364	364	police officers as provided by state law, preserving the
365	365	prohibition against strikes and organized work stoppages, and
366	366	providing penalties for strikes and organized work stoppages."
367	367	(d) An election called under this section must be held and
368	368	the returns prepared and canvassed in conformity with the Election
369	369	Code.
370	370	(e) If an election authorized under this section is held,
371	371	the municipality may operate under the other provisions of this
372	372	chapter only if a majority of the votes cast at the election favor
373	373	the proposition.
374	374	(f) If an election authorized under this section is held, a
375	375	meet and confer team may not submit a petition for recognition to
376	376	the governing body of the municipality under Section 148.0031
377	377	before the second anniversary of the date of the election.
378	378	Sec. 148.0034. WITHDRAWAL OF RECOGNITION. (a) The police
379	379	officers may withdraw the recognition of the meet and confer team
380	380	granted under this chapter by filing with the governing body of the
381	381	municipality a petition signed by a majority of all covered police
382	382	officers.
383	383	(b) The governing body of the municipality may:
384	384	(1) withdraw recognition as provided by the petition;
385	385	or
386	386	(2) order a certification election in accordance with
387	387	Section 148.0032 regarding whether to do so.
388	388	Sec. 148.0035. RECOGNITION OF MEET AND CONFER TEAM. (a) A
389	389	public employer in a municipality that chooses to meet and confer
390	390	under this chapter shall recognize the meet and confer team that is
391	391	recognized under Section 148.0031 or 148.0033 as the sole and
392	392	exclusive bargaining agent for the police officers, excluding the
393	393	head of the police department and the employees exempt under
394	394	Subsection (b), in accordance with this chapter and the petition.
395	395	(b) For the purposes of Subsection (a), exempt employees are
396	396	employees appointed by the head of the police department in the
397	397	classification immediately below that of department head or that
398	398	are exempt by the mutual agreement of the meet and confer team and
399	399	the municipality.
400	400	(c) The municipality shall recognize the meet and confer
401	401	team until recognition of the meet and confer team is withdrawn in
402	402	accordance with Section 148.0034 by a majority of the police
403	403	officers who are eligible to sign a petition for recognition.
404	404	Sec. 148.004. GENERAL PROVISIONS RELATING TO AGREEMENTS,
405	405	RECOGNITION, AND STRIKES. (a) A municipality may not be denied
406	406	local control over the wages, salaries, rates of pay, hours of work,
407	407	and other terms of employment, or other state-mandated personnel
408	408	issues, if the municipality and the meet and confer team recognized
409	409	under Section 148.0031 or 148.0033 as the sole and exclusive
410	410	bargaining agent for the covered police officers come to a mutual
411	411	agreement on any of the terms of employment. If an agreement is not
412	412	reached, the state laws, local ordinances, and civil service rules
413	413	remain unaffected. All agreements shall be written. Nothing in
414	414	this chapter requires either party to meet and confer on any issue
415	415	or reach an agreement.
416	416	(b) A municipality may meet and confer only if the meet and
417	417	confer team does not advocate the illegal right to strike by public
418	418	employees.
419	419	(c) Police officers of a municipality may not engage in
420	420	strikes against this state or a political subdivision of this
421	421	state. A police officer who participates in a strike forfeits all
422	422	civil service rights, reemployment rights, and any other rights,
423	423	benefits, or privileges the police officer enjoys as a result of
424	424	employment or prior employment.
425	425	(d) In this section, "strike" means failing to report for
426	426	duty in concerted action with others, wilfully being absent from an
427	427	assigned position, stopping work, abstaining from the full,
428	428	faithful, and proper performance of the duties of employment, or
429	429	interfering with the operation of a municipality. However, this
430	430	section does not prohibit a police officer from conferring with
431	431	members of the municipal governing body about conditions,
432	432	compensation, rights, privileges, or obligations of employment.
433	433	Sec. 148.005. PAYROLL DUES DEDUCTIONS. The municipality
434	434	may not prevent automatic payroll deductions for dues paid to a
435	435	police officer employee group.
436	436	Sec. 148.006. RECORDS AND MEETINGS. (a) An agreement made
437	437	under this chapter is public information for purposes of Chapter
438	438	552, Government Code. The agreement and any document prepared and
439	439	used by the municipality in connection with the agreement, except
440	440	for materials created during a municipality's caucuses and notes
441	441	that are otherwise privileged by law, are available to the public in
442	442	accordance with Chapter 552, Government Code, only after the
443	443	agreement is ratified by both parties.
444	444	(b) This section does not affect the application of
445	445	Subchapter C, Chapter 552, Government Code, to a document prepared
446	446	and used by the municipality in connection with the agreement.
447	447	Sec. 148.007. ENFORCEABILITY OF AGREEMENT. (a) A written
448	448	agreement made under this chapter between a municipality and the
449	449	meet and confer team is enforceable and binding on the
450	450	municipality, the meet and confer team, police officer employee
451	451	groups, and the police officers covered by the agreement if:
452	452	(1) the municipality's governing body ratified the
453	453	agreement by a majority vote; and
454	454	(2) the agreement is ratified under Section 148.008.
455	455	(b) A state district court of the judicial district in which
456	456	a majority of the population of the municipality is located has full
457	457	authority and jurisdiction on the application of either party
458	458	aggrieved by an action or omission of the other party when the
459	459	action or omission is related to a right, duty, or obligation
460	460	provided by any written agreement ratified as required by this
461	461	chapter. The court may issue proper restraining orders, temporary
462	462	and permanent injunctions, and any other writ, order, or process,
463	463	including contempt orders, that are appropriate to enforcing any
464	464	written agreement ratified as required by this chapter.
465	465	Sec. 148.008. ELECTION TO RATIFY AGREEMENT. (a) The meet
466	466	and confer team shall call an election to ratify any agreement
467	467	reached with the municipality if the agreement has been approved by
468	468	a unanimous vote of the members of the meet and confer team.
469	469	(b) All police officers of the municipality are eligible to
470	470	vote in the election.
471	471	(c) An agreement may be ratified under this section only if
472	472	at least 50 percent of the votes cast in the election favor the
473	473	ratification.
474	474	(d) A police officer who is not a member of a police officer
475	475	employee group may be assessed a fee for any cost associated with
476	476	casting the police officer's vote.
477	477	(e) The meet and confer team shall establish procedures for
478	478	the election by unanimous consensus.
479	479	Sec. 148.009. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
480	480	OPERATE UNDER THIS CHAPTER. (a) The governing body of a
481	481	municipality that granted recognition of a meet and confer team
482	482	under Section 148.0031 without conducting an election under Section
483	483	148.0033 may withdraw recognition of the meet and confer team by
484	484	providing to the meet and confer team not less than 90 days' written
485	485	notice that:
486	486	(1) the governing body is withdrawing recognition of
487	487	the meet and confer team; and
488	488	(2) any agreement between the governing body and the
489	489	meet and confer team will not be renewed.
490	490	(b) The governing body of a municipality that granted
491	491	recognition of a meet and confer team after conducting an election
492	492	under Section 148.0033 may order an election to determine whether a
493	493	public employer may continue to meet and confer under this chapter.
494	494	The governing body may not order an election under this subsection
495	495	until the second anniversary of the date of the election under
496	496	Section 148.0033.
497	497	(c) An election ordered under Subsection (b) must be held as
498	498	part of the next regularly scheduled general election for municipal
499	499	officers that occurs after the date the governing body of the
500	500	municipality orders the election and that allows sufficient time to
501	501	prepare the ballot in compliance with other requirements of law.
502	502	(d) The ballot for an election ordered under Subsection (b)
503	503	shall be printed to allow voting for or against the proposition:
504	504	"Authorizing __________ (name of the municipality) to continue to
505	505	operate under the state law allowing a municipality to meet and
506	506	confer and make agreements with the meet and confer team
507	507	representing municipal police officers as provided by state law,
508	508	preserving the prohibition against strikes and organized work
509	509	stoppages, and providing penalties for strikes and organized work
510	510	stoppages."
511	511	(e) An election ordered under Subsection (b) must be held
512	512	and the returns prepared and canvassed in conformity with the
513	513	Election Code.
514	514	(f) If an election ordered under Subsection (b) is held, the
515	515	municipality may continue to operate under this chapter only if a
516	516	majority of the votes cast at the election favor the proposition.
517	517	(g) If an election ordered under Subsection (b) is held, a
518	518	meet and confer team may not submit a petition for recognition to
519	519	the governing body of the municipality under Section 148.0031
520	520	before the second anniversary of the date of the election.
521	521	Sec. 148.010. ELECTION TO REPEAL AGREEMENT. (a) Not later
522	522	than the 60th day after the date a meet and confer agreement is
523	523	ratified by the governing body of the municipality and the police
524	524	officers under Section 148.008, a petition calling for the repeal
525	525	of the agreement signed by a number of registered voters residing in
526	526	the municipality equal to at least 10 percent of the votes cast at
527	527	the most recent general election held in the municipality may be
528	528	presented to the person charged with ordering an election under
529	529	Section 3.004, Election Code.
530	530	(b) If a petition is presented under Subsection (a), the
531	531	governing body of the municipality shall:
532	532	(1) repeal the meet and confer agreement; or
533	533	(2) certify that the governing body is not repealing
534	534	the agreement and call an election to determine whether to repeal
535	535	the agreement.
536	536	(c) An election called under Subsection (b)(2) may be held
537	537	as part of the next regularly scheduled general election for the
538	538	municipality. The ballot shall be printed to provide for voting for
539	539	or against the proposition: "Repeal the meet and confer agreement
540	540	ratified on __________ (date agreement was ratified) by the
541	541	__________ (name of the governing body of the municipality) and the
542	542	police officers employed by the City of __________ (name of
543	543	municipality) concerning wages, salaries, rates of pay, hours of
544	544	work, and other terms of employment."
545	545	(d) If a majority of the votes cast at the election favor the
546	546	repeal of the agreement, the agreement is void.
547	547	Sec. 148.011. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a)
548	548	This chapter may not be construed to repeal any existing benefit
549	549	provided by statute or ordinance concerning police officers'
550	550	compensation, pensions, retirement plans, hours of work,
551	551	conditions of employment, or other emoluments except as expressly
552	552	provided in a ratified meet and confer agreement. This chapter is
553	553	in addition to the benefits provided by existing statutes and
554	554	ordinances.
555	555	(b) This chapter may not be construed to interfere with the
556	556	free speech right, guaranteed by the First Amendment to the United
557	557	States Constitution, of an individual police officer to endorse or
558	558	dissent from any agreement.
559	559	SECTION 17. Sections 147.002(3) and (4), Local Government
560	560	Code, are repealed.
561	561	SECTION 18. This Act takes effect September 1, 2015.