Texas 2015 - 84th Regular

Texas Senate Bill SB1295 Latest Draft

Bill / Introduced Version Filed 03/11/2015

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                            84R11561 PAM-F
 By: West S.B. No. 1295


 A BILL TO BE ENTITLED
 AN ACT
 relating to separate negotiations regarding employment matters for
 police officers and firefighters in certain municipalities.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  The heading to Chapter 147, Local Government
 Code, is amended to read as follows:
 CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER [AND POLICE OFFICER]
 EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE
 MILLION OR MORE
 SECTION 2.  Sections 147.003(a), (b), (c), and (d), Local
 Government Code, are amended to read as follows:
 (a)  A meet and confer team is created under this section and
 consists of [the following members:
 [(1)]  members representing the firefighter employee
 groups in the municipality, provided each group may appoint only
 one firefighter of the municipality to serve as a member of the team
 [; and
 [(2)     members representing the police officer employee
 groups in the municipality, provided each group may appoint only
 one police officer of the municipality to serve as a member of the
 team].
 (b)  The meet and confer team represents all firefighters
 [and police officers] in the municipality and shall negotiate with
 the municipality in an effort to reach an agreement on concerns
 shared by the firefighters [and police officers] regarding terms of
 employment, including concerns relating to wages, benefits, and
 other working conditions but excluding concerns relating to
 pensions.  Only the meet and confer team created under this section
 may represent the firefighters [or police officers] of the
 municipality in the capacity described by this subsection, except
 that the team may be accompanied by legal counsel.
 (c)  Concerns relating to affirmative action, employment
 discrimination, hiring, and promotions may be discussed by
 individual firefighter [and police officer] associations
 independent of the meet and confer team.
 (d)  Expenses associated with the meet and confer team must
 be divided pro rata among each firefighter employee group [and
 police officer employee group] based on the number of sworn fire [or
 police] department members represented by each group.
 SECTION 3.  Section 147.0031, Local Government Code, is
 amended to read as follows:
 Sec. 147.0031.  PETITION FOR RECOGNITION: ELECTION OR ACTION
 BY GOVERNING BODY. (a) Not later than the 30th day after the date
 the governing body of a municipality receives from the meet and
 confer team a petition signed by a majority of all [police officers
 and a majority of all] firefighters, excluding the head of the
 [police department, the head of the] fire department [,] and other
 excluded employees as described by Section 147.0035(b), that
 requests recognition of the meet and confer team as the sole and
 exclusive bargaining agent for all the [police officers and]
 firefighters employed by the municipality, excluding the head of
 the [police department, the head of the] fire department [,] and
 other excluded employees as described by Section 147.0035(b), the
 governing body shall:
 (1)  grant recognition of the meet and confer team as
 requested in the petition and determine by majority vote that the
 municipality may meet and confer under this chapter without
 conducting an election by the voters in the municipality under
 Section 147.0033;
 (2)  defer granting recognition of the meet and confer
 team and order an election by the voters in the municipality under
 Section 147.0033 regarding whether the municipality may meet and
 confer under this chapter; or
 (3)  order a certification election under Section
 147.0032 to determine whether the employee groups in the meet and
 confer team represent a majority of the covered [police officers
 and a majority of the covered] firefighters.
 (b)  If the governing body of a municipality orders a
 certification election under Subsection (a)(3) and the employee
 groups that are part of the meet and confer team are certified to
 represent a majority of the covered [police officers and a majority
 of the covered] firefighters, the governing body shall, not later
 than the 30th day after the date that results of that election are
 certified:
 (1)  grant recognition of the meet and confer team as
 requested in the petition for recognition and determine by majority
 vote that the municipality may meet and confer under this chapter
 without conducting an election by the voters in the municipality
 under Section 147.0033; or
 (2)  defer granting recognition of the meet and confer
 team and order an election by the voters in the municipality under
 Section 147.0033 regarding whether a public employer may meet and
 confer under this chapter.
 SECTION 4.  Section 147.0032(a), Local Government Code, is
 amended to read as follows:
 (a)  Except as provided by Subsection (b), a certification
 election ordered under Section 147.0031(a)(3) to determine whether
 the employee groups in the meet and confer team represent a majority
 of the covered [police officers and a majority of the covered]
 firefighters shall be conducted according to procedures agreeable
 to the parties.
 SECTION 5.  Section 147.0033(c), Local Government Code, is
 amended to read as follows:
 (c)  The ballot for an election ordered under this section
 shall be printed to permit voting for or against the
 proposition:  "Authorizing __________ (name of the municipality)
 to operate under the state law allowing a municipality to meet and
 confer and make agreements with the meet and confer team
 representing municipal [police officers and] firefighters as
 provided by state law, preserving the prohibition against strikes
 and organized work stoppages, and providing penalties for strikes
 and organized work stoppages."
 SECTION 6.  Section 147.0034(a), Local Government Code, is
 amended to read as follows:
 (a)  The [police officers and] firefighters may withdraw the
 recognition of the meet and confer team granted under this chapter
 by filing with the governing body of the municipality a petition
 signed by a majority of all covered [police officers and a majority
 of all covered] firefighters.
 SECTION 7.  Section 147.0035, Local Government Code, is
 amended to read as follows:
 Sec. 147.0035.  RECOGNITION OF MEET AND CONFER TEAM. (a) A
 public employer in a municipality that chooses to meet and confer
 under this chapter shall recognize the meet and confer team that is
 recognized under Section 147.0031 or 147.0033 as the sole and
 exclusive bargaining agent for the [police officers and]
 firefighters, excluding the head of the [police department, head of
 the] fire department [,] and the employees exempt under Subsection
 (b), in accordance with this chapter and the petition.
 (b)  For the purposes of Subsection (a), exempt employees are
 employees appointed by the head of the [police department or] fire
 department in the classification immediately below that of
 department head or that are exempt by the mutual agreement of the
 meet and confer team and the municipality.
 (c)  The municipality shall recognize the meet and confer
 team until recognition of the meet and confer team is withdrawn in
 accordance with Section 147.0034 by a majority of the [police
 officers and a majority of the] firefighters who are eligible to
 sign a petition for recognition.
 SECTION 8.  Sections 147.004(a), (c), and (d), Local
 Government Code, are amended to read as follows:
 (a)  A municipality may not be denied local control over the
 wages, salaries, rates of pay, hours of work, and other terms of
 employment, or other state-mandated personnel issues, if the
 municipality and the meet and confer team recognized under Section
 147.0031 or 147.0033 as the sole and exclusive bargaining agent for
 the covered [police officers and] firefighters come to a mutual
 agreement on any of the terms of employment.  If an agreement is not
 reached, the state laws, local ordinances, and civil service rules
 remain unaffected.  All agreements shall be written.  Nothing in
 this chapter requires either party to meet and confer on any issue
 or reach an agreement.
 (c)  Firefighters [and police officers] of a municipality
 may not engage in strikes against this state or a political
 subdivision of this state.  A firefighter [or police officer] who
 participates in a strike forfeits all civil service rights,
 reemployment rights, and any other rights, benefits, or privileges
 the firefighter [or police officer] enjoys as a result of
 employment or prior employment.
 (d)  In this section, "strike" means failing to report for
 duty in concerted action with others, wilfully being absent from an
 assigned position, stopping work, abstaining from the full,
 faithful, and proper performance of the duties of employment, or
 interfering with the operation of a municipality.  However, this
 section does not prohibit a firefighter [or police officer] from
 conferring with members of the municipal governing body about
 conditions, compensation, rights, privileges, or obligations of
 employment.
 SECTION 9.  Section 147.005, Local Government Code, is
 amended to read as follows:
 Sec. 147.005.  PAYROLL DUES DEDUCTIONS. The municipality
 may not prevent automatic payroll deductions for dues paid to a
 firefighter employee group [or police officer employee group].
 SECTION 10.  Section 147.007(a), Local Government Code, is
 amended to read as follows:
 (a)  A written agreement made under this chapter between a
 municipality and the meet and confer team is enforceable and
 binding on the municipality, the meet and confer team, firefighter
 employee groups, [police officer employee groups,] and the
 firefighters [and police officers] covered by the agreement if:
 (1)  the municipality's governing body ratified the
 agreement by a majority vote; and
 (2)  the agreement is ratified under Section 147.008.
 SECTION 11.  Sections 147.008(b) and (d), Local Government
 Code, are amended to read as follows:
 (b)  All firefighters [and police officers] of the
 municipality are eligible to vote in the election.
 (d)  A firefighter [or police officer] who is not a member of
 a firefighter employee group [or a police officer employee group]
 may be assessed a fee for any cost associated with casting the
 firefighter's [or police officer's] vote.
 SECTION 12.  Section 147.009(d), Local Government Code, is
 amended to read as follows:
 (d)  The ballot for an election ordered under Subsection (b)
 shall be printed to allow voting for or against the
 proposition:  "Authorizing __________ (name of the municipality)
 to continue to operate under the state law allowing a municipality
 to meet and confer and make agreements with the meet and confer team
 representing municipal [police officers and] firefighters as
 provided by state law, preserving the prohibition against strikes
 and organized work stoppages, and providing penalties for strikes
 and organized work stoppages."
 SECTION 13.  Chapter 147, Local Government Code, is amended
 by adding Section 147.0091 to read as follows:
 Sec. 147.0091.  TEMPORARY PROVISION: ACTION TO WITHDRAW
 RECOGNITION OF POLICE OFFICER AND FIREFIGHTER MEET AND CONFER TEAM
 UNDER THIS CHAPTER. (a) Notwithstanding Sections 147.009(b)
 through (g), the governing body of a municipality that granted
 recognition of a meet and confer team as the sole and exclusive
 bargaining agent of all police officers and firefighters under
 Section 147.0031 before September 1, 2015, shall, not later than
 September 30, 2015, withdraw recognition of the meet and confer
 team by providing to the meet and confer team written notice that:
 (1)  pursuant to __.B. No. __, Acts of the 84th
 Legislature, Regular Session, 2015, the governing body is
 withdrawing recognition of the meet and confer team;  and
 (2)  any agreement between the governing body and the
 meet and confer team will not be renewed.
 (b)  This section expires September 1, 2025.
 SECTION 14.  Sections 147.010(a) and (c), Local Government
 Code, are amended to read as follows:
 (a)  Not later than the 60th day after the date a meet and
 confer agreement is ratified by the governing body of the
 municipality and the firefighters [and police officers] under
 Section 147.008, a petition calling for the repeal of the agreement
 signed by a number of registered voters residing in the
 municipality equal to at least 10 percent of the votes cast at the
 most recent general election held in the municipality may be
 presented to the person charged with ordering an election under
 Section 3.004, Election Code.
 (c)  An election called under Subsection (b)(2) may be held
 as part of the next regularly scheduled general election for the
 municipality.  The ballot shall be printed to provide for voting
 for or against the proposition:  "Repeal the meet and confer
 agreement ratified on __________ (date agreement was ratified) by
 the __________ (name of the governing body of the municipality) and
 the [police officers and] firefighters employed by the City of
 __________ (name of municipality) concerning wages, salaries,
 rates of pay, hours of work, and other terms of employment."
 SECTION 15.  Section 147.011, Local Government Code, is
 amended to read as follows:
 Sec. 147.011.  EFFECT ON EXISTING BENEFITS AND RIGHTS. (a)
 This chapter may not be construed to repeal any existing benefit
 provided by statute or ordinance concerning [police officers' or]
 firefighters' compensation, pensions, retirement plans, hours of
 work, conditions of employment, or other emoluments except as
 expressly provided in a ratified meet and confer agreement.  This
 chapter is in addition to the benefits provided by existing
 statutes and ordinances.
 (b)  This chapter may not be construed to interfere with the
 free speech right, guaranteed by the First Amendment to the United
 States Constitution, of an individual firefighter [or a police
 officer] to endorse or dissent from any agreement.
 SECTION 16.  Subtitle A, Title 5, Local Government Code, is
 amended by adding Chapter 148 to read as follows:
 CHAPTER 148. LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS IN
 CERTAIN MUNICIPALITIES WITH POPULATION OF ONE MILLION OR MORE
 Sec. 148.001.  APPLICABILITY. This chapter applies only to
 a municipality with a population of one million or more, but does
 not apply to a municipality that has adopted Chapter 143 or 174.
 Sec. 148.002.  DEFINITIONS. In this chapter:
 (1)  "Police officer" means a sworn police officer
 employed by the municipality who is covered by the municipality's
 police pension plan and is classified by the municipality as
 nonexempt. The term does not include a police officer with a rank
 above that of captain, a civilian, or a municipal marshal.
 (2)  "Police officer employee group" means an
 organization:
 (A)  in which, on or before September 1, 2007, at
 least three percent of the police officers of the municipality have
 participated and paid dues via automatic payroll deduction; and
 (B)  that exists for the purpose, in whole or in
 part, of dealing with the municipality concerning grievances, labor
 disputes, wages, rates of pay, hours of employment, or conditions
 of employment affecting police officers.
 Sec. 148.003.  MEET AND CONFER TEAM; NEGOTIATIONS. (a) A
 meet and confer team is created under this section and consists of
 members representing the police officer employee groups in the
 municipality, provided each group may appoint only one police
 officer of the municipality to serve as a member of the team.
 (b)  The meet and confer team represents all police officers
 in the municipality and shall negotiate with the municipality in an
 effort to reach an agreement on concerns shared by the police
 officers regarding terms of employment, including concerns
 relating to wages, benefits, and other working conditions but
 excluding concerns relating to pensions. Only the meet and confer
 team created under this section may represent the police officers
 of the municipality in the capacity described by this subsection,
 except that the team may be accompanied by a representative of the
 team's choosing to assist with the negotiation process.
 (c)  Concerns relating to affirmative action, employment
 discrimination, hiring, and promotions may be discussed by
 individual police officer associations independent of the meet and
 confer team.
 (d)  Expenses associated with the meet and confer team must
 be divided pro rata among each police officer employee group based
 on the number of sworn police department members represented by
 each group.
 (e)  A municipality may designate one or more persons to meet
 and confer on the municipality's behalf.
 Sec. 148.0031.  PETITION FOR RECOGNITION: ELECTION OR ACTION
 BY GOVERNING BODY. (a) Not later than the 30th day after the date
 the governing body of a municipality receives from the meet and
 confer team a petition signed by a majority of all police officers,
 excluding the head of the police department and other excluded
 employees as described by Section 148.0035(b), that requests
 recognition of the meet and confer team as the sole and exclusive
 bargaining agent for all the police officers employed by the
 municipality, excluding the head of the police department and other
 excluded employees as described by Section 148.0035(b), the
 governing body shall:
 (1)  grant recognition of the meet and confer team as
 requested in the petition and determine by majority vote that the
 municipality may meet and confer under this chapter without
 conducting an election by the voters in the municipality under
 Section 148.0033;
 (2)  defer granting recognition of the meet and confer
 team and order an election by the voters in the municipality under
 Section 148.0033 regarding whether the municipality may meet and
 confer under this chapter; or
 (3)  order a certification election under Section
 148.0032 to determine whether the employee groups in the meet and
 confer team represent a majority of the covered police officers.
 (b)  If the governing body of a municipality orders a
 certification election under Subsection (a)(3) and the employee
 groups that are part of the meet and confer team are certified to
 represent a majority of the covered police officers, the governing
 body shall, not later than the 30th day after the date that results
 of that election are certified:
 (1)  grant recognition of the meet and confer team as
 requested in the petition for recognition and determine by majority
 vote that the municipality may meet and confer under this chapter
 without conducting an election by the voters in the municipality
 under Section 148.0033; or
 (2)  defer granting recognition of the meet and confer
 team and order an election by the voters in the municipality under
 Section 148.0033 regarding whether a public employer may meet and
 confer under this chapter.
 Sec. 148.0032.  CERTIFICATION ELECTION. (a) Except as
 provided by Subsection (b), a certification election ordered under
 Section 148.0031(a)(3) to determine whether the employee groups in
 the meet and confer team represent a majority of the covered police
 officers shall be conducted according to procedures agreeable to
 the parties.
 (b)  If the parties are unable to agree on procedures for the
 certification election, either party may request the American
 Arbitration Association to conduct the election and to certify the
 results of the election.
 (c)  Certification of the results of an election under this
 section resolves the question concerning representation.
 (d)  Each employee group in the meet and confer team is
 liable for the expenses of the certification election for the
 employees the group represents.
 Sec. 148.0033.  ELECTION TO AUTHORIZE OPERATING UNDER THIS
 CHAPTER. (a) The governing body of a municipality that receives a
 petition for recognition under Section 148.0031 may order an
 election to determine whether a public employer may meet and confer
 under this chapter.
 (b)  An election ordered under this section must be held as
 part of the next regularly scheduled general election for municipal
 officials that is held after the date the governing body of the
 municipality orders the election and that allows sufficient time to
 prepare the ballot in compliance with other requirements of law.
 (c)  The ballot for an election ordered under this section
 shall be printed to permit voting for or against the proposition:
 "Authorizing __________ (name of the municipality) to operate under
 the state law allowing a municipality to meet and confer and make
 agreements with the meet and confer team representing municipal
 police officers as provided by state law, preserving the
 prohibition against strikes and organized work stoppages, and
 providing penalties for strikes and organized work stoppages."
 (d)  An election called under this section must be held and
 the returns prepared and canvassed in conformity with the Election
 Code.
 (e)  If an election authorized under this section is held,
 the municipality may operate under the other provisions of this
 chapter only if a majority of the votes cast at the election favor
 the proposition.
 (f)  If an election authorized under this section is held, a
 meet and confer team may not submit a petition for recognition to
 the governing body of the municipality under Section 148.0031
 before the second anniversary of the date of the election.
 Sec. 148.0034.  WITHDRAWAL OF RECOGNITION. (a) The police
 officers may withdraw the recognition of the meet and confer team
 granted under this chapter by filing with the governing body of the
 municipality a petition signed by a majority of all covered police
 officers.
 (b)  The governing body of the municipality may:
 (1)  withdraw recognition as provided by the petition;
 or
 (2)  order a certification election in accordance with
 Section 148.0032 regarding whether to do so.
 Sec. 148.0035.  RECOGNITION OF MEET AND CONFER TEAM. (a) A
 public employer in a municipality that chooses to meet and confer
 under this chapter shall recognize the meet and confer team that is
 recognized under Section 148.0031 or 148.0033 as the sole and
 exclusive bargaining agent for the police officers, excluding the
 head of the police department and the employees exempt under
 Subsection (b), in accordance with this chapter and the petition.
 (b)  For the purposes of Subsection (a), exempt employees are
 employees appointed by the head of the police department in the
 classification immediately below that of department head or that
 are exempt by the mutual agreement of the meet and confer team and
 the municipality.
 (c)  The municipality shall recognize the meet and confer
 team until recognition of the meet and confer team is withdrawn in
 accordance with Section 148.0034 by a majority of the police
 officers who are eligible to sign a petition for recognition.
 Sec. 148.004.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
 local control over the wages, salaries, rates of pay, hours of work,
 and other terms of employment, or other state-mandated personnel
 issues, if the municipality and the meet and confer team recognized
 under Section 148.0031 or 148.0033 as the sole and exclusive
 bargaining agent for the covered police officers come to a mutual
 agreement on any of the terms of employment. If an agreement is not
 reached, the state laws, local ordinances, and civil service rules
 remain unaffected. All agreements shall be written. Nothing in
 this chapter requires either party to meet and confer on any issue
 or reach an agreement.
 (b)  A municipality may meet and confer only if the meet and
 confer team does not advocate the illegal right to strike by public
 employees.
 (c)  Police officers of a municipality may not engage in
 strikes against this state or a political subdivision of this
 state. A police officer who participates in a strike forfeits all
 civil service rights, reemployment rights, and any other rights,
 benefits, or privileges the police officer enjoys as a result of
 employment or prior employment.
 (d)  In this section, "strike" means failing to report for
 duty in concerted action with others, wilfully being absent from an
 assigned position, stopping work, abstaining from the full,
 faithful, and proper performance of the duties of employment, or
 interfering with the operation of a municipality. However, this
 section does not prohibit a police officer from conferring with
 members of the municipal governing body about conditions,
 compensation, rights, privileges, or obligations of employment.
 Sec. 148.005.  PAYROLL DUES DEDUCTIONS. The municipality
 may not prevent automatic payroll deductions for dues paid to a
 police officer employee group.
 Sec. 148.006.  RECORDS AND MEETINGS. (a) An agreement made
 under this chapter is public information for purposes of Chapter
 552, Government Code. The agreement and any document prepared and
 used by the municipality in connection with the agreement, except
 for materials created during a municipality's caucuses and notes
 that are otherwise privileged by law, are available to the public in
 accordance with Chapter 552, Government Code, only after the
 agreement is ratified by both parties.
 (b)  This section does not affect the application of
 Subchapter C, Chapter 552, Government Code, to a document prepared
 and used by the municipality in connection with the agreement.
 Sec. 148.007.  ENFORCEABILITY OF AGREEMENT. (a) A written
 agreement made under this chapter between a municipality and the
 meet and confer team is enforceable and binding on the
 municipality, the meet and confer team, police officer employee
 groups, and the police officers covered by the agreement if:
 (1)  the municipality's governing body ratified the
 agreement by a majority vote; and
 (2)  the agreement is ratified under Section 148.008.
 (b)  A state district court of the judicial district in which
 a majority of the population of the municipality is located has full
 authority and jurisdiction on the application of either party
 aggrieved by an action or omission of the other party when the
 action or omission is related to a right, duty, or obligation
 provided by any written agreement ratified as required by this
 chapter. The court may issue proper restraining orders, temporary
 and permanent injunctions, and any other writ, order, or process,
 including contempt orders, that are appropriate to enforcing any
 written agreement ratified as required by this chapter.
 Sec. 148.008.  ELECTION TO RATIFY AGREEMENT. (a) The meet
 and confer team shall call an election to ratify any agreement
 reached with the municipality if the agreement has been approved by
 a unanimous vote of the members of the meet and confer team.
 (b)  All police officers of the municipality are eligible to
 vote in the election.
 (c)  An agreement may be ratified under this section only if
 at least 50 percent of the votes cast in the election favor the
 ratification.
 (d)  A police officer who is not a member of a police officer
 employee group may be assessed a fee for any cost associated with
 casting the police officer's vote.
 (e)  The meet and confer team shall establish procedures for
 the election by unanimous consensus.
 Sec. 148.009.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
 OPERATE UNDER THIS CHAPTER. (a) The governing body of a
 municipality that granted recognition of a meet and confer team
 under Section 148.0031 without conducting an election under Section
 148.0033 may withdraw recognition of the meet and confer team by
 providing to the meet and confer team not less than 90 days' written
 notice that:
 (1)  the governing body is withdrawing recognition of
 the meet and confer team; and
 (2)  any agreement between the governing body and the
 meet and confer team will not be renewed.
 (b)  The governing body of a municipality that granted
 recognition of a meet and confer team after conducting an election
 under Section 148.0033 may order an election to determine whether a
 public employer may continue to meet and confer under this chapter.
 The governing body may not order an election under this subsection
 until the second anniversary of the date of the election under
 Section 148.0033.
 (c)  An election ordered under Subsection (b) must be held as
 part of the next regularly scheduled general election for municipal
 officers that occurs after the date the governing body of the
 municipality orders the election and that allows sufficient time to
 prepare the ballot in compliance with other requirements of law.
 (d)  The ballot for an election ordered under Subsection (b)
 shall be printed to allow voting for or against the proposition:
 "Authorizing __________ (name of the municipality) to continue to
 operate under the state law allowing a municipality to meet and
 confer and make agreements with the meet and confer team
 representing municipal police officers as provided by state law,
 preserving the prohibition against strikes and organized work
 stoppages, and providing penalties for strikes and organized work
 stoppages."
 (e)  An election ordered under Subsection (b) must be held
 and the returns prepared and canvassed in conformity with the
 Election Code.
 (f)  If an election ordered under Subsection (b) is held, the
 municipality may continue to operate under this chapter only if a
 majority of the votes cast at the election favor the proposition.
 (g)  If an election ordered under Subsection (b) is held, a
 meet and confer team may not submit a petition for recognition to
 the governing body of the municipality under Section 148.0031
 before the second anniversary of the date of the election.
 Sec. 148.010.  ELECTION TO REPEAL AGREEMENT. (a) Not later
 than the 60th day after the date a meet and confer agreement is
 ratified by the governing body of the municipality and the police
 officers under Section 148.008, a petition calling for the repeal
 of the agreement signed by a number of registered voters residing in
 the municipality equal to at least 10 percent of the votes cast at
 the most recent general election held in the municipality may be
 presented to the person charged with ordering an election under
 Section 3.004, Election Code.
 (b)  If a petition is presented under Subsection (a), the
 governing body of the municipality shall:
 (1)  repeal the meet and confer agreement; or
 (2)  certify that the governing body is not repealing
 the agreement and call an election to determine whether to repeal
 the agreement.
 (c)  An election called under Subsection (b)(2) may be held
 as part of the next regularly scheduled general election for the
 municipality. The ballot shall be printed to provide for voting for
 or against the proposition: "Repeal the meet and confer agreement
 ratified on __________ (date agreement was ratified) by the
 __________ (name of the governing body of the municipality) and the
 police officers employed by the City of __________ (name of
 municipality) concerning wages, salaries, rates of pay, hours of
 work, and other terms of employment."
 (d)  If a majority of the votes cast at the election favor the
 repeal of the agreement, the agreement is void.
 Sec. 148.011.  EFFECT ON EXISTING BENEFITS AND RIGHTS. (a)
 This chapter may not be construed to repeal any existing benefit
 provided by statute or ordinance concerning police officers'
 compensation, pensions, retirement plans, hours of work,
 conditions of employment, or other emoluments except as expressly
 provided in a ratified meet and confer agreement. This chapter is
 in addition to the benefits provided by existing statutes and
 ordinances.
 (b)  This chapter may not be construed to interfere with the
 free speech right, guaranteed by the First Amendment to the United
 States Constitution, of an individual police officer to endorse or
 dissent from any agreement.
 SECTION 17.  Sections 147.002(3) and (4), Local Government
 Code, are repealed.
 SECTION 18.  This Act takes effect September 1, 2015.