Texas 2017 - 85th Regular

Texas House Bill HB2078 Compare Versions

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1	1	By: Dukes H.B. No. 2078
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. Subtitle A, Title 5, Local Government Code, is
11	11	amended by adding Chapter 148 to read as follows:
12	12	CHAPTER 148. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS IN
13	13	CERTAIN MUNICIPALITIES
14	14	Sec. 148.001. APPLICABILITY. (a) This chapter applies
15	15	only to a municipality with a population of 750,000 or more that is
16	16	primarily located in a county with a population of 1.5 million or
17	17	less.
18	18	(b) This chapter does not apply to:
19	19	(1) firefighters or police officers who are covered by
20	20	Subchapter I, Chapter 143;
21	21	(2) emergency medical services personnel; or
22	22	(3) an employee association in which employees
23	23	described by Subdivisions (1) and (2) participate.
24	24	Sec. 148.002. DEFINITIONS. In this chapter:
25	25	(1) "Appointed employee" means any municipal employee
26	26	appointed by the municipality's governing body.
27	27	(2) "Covered employee" means an employee of a
28	28	municipality, other than:
29	29	(A) an appointed employee;
30	30	(B) a city manager, an assistant city manager, or
31	31	a professional executive assistant to a city manager or assistant
32	32	city manager;
33	33	(C) an employee who holds an executive-level
34	34	position;
35	35	(D) a cadet or trainee enrolled in a training
36	36	program for police officers, firefighters, or emergency medical
37	37	services personnel;
38	38	(E) an employee designated under Section 148.010
39	39	as a bargaining agent for the municipality; and
40	40	(F) an employee designated as exempt from the
41	41	bargaining unit by the mutual agreement of the recognized employee
42	42	association and the public employer.
43	43	(3) "Emergency medical services personnel" has the
44	44	meaning assigned by Section 142.152(2).
45	45	(4) "Employee association" means an organization in
46	46	which municipal employees participate and that exists for the
47	47	purpose, wholly or partly, of dealing with one or more employers,
48	48	whether public or private, concerning grievances, labor disputes,
49	49	wages, rates of pay, hours of employment, or conditions of work
50	50	affecting public employees and whose members pay dues by means of an
51	51	automatic payroll deduction.
52	52	(5) "Public employer" means any municipality or
53	53	agency, board, commission, or political subdivision controlled by a
54	54	municipality that is required to establish the wages, salaries,
55	55	rates of pay, hours, working conditions, and other terms and
56	56	conditions of employment of public employees. The term may
57	57	include, under appropriate circumstances, a mayor, manager,
58	58	administrator of a municipality, municipal governing body,
59	59	director of personnel, personnel board, or one or more other
60	60	officials regardless of the name by which they are designated.
61	61	Sec. 148.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
62	62	RECOGNITION. (a) A municipality may not be denied local control
63	63	over wages, salaries, rates of pay, hours of work, other terms and
64	64	conditions of employment, or other state-mandated personnel
65	65	issues. A public employer may enter into a mutual agreement
66	66	governing these issues with an employee association recognized
67	67	under this chapter as the sole and exclusive bargaining agent for
68	68	all covered employees that does not advocate the illegal right to
69	69	strike by municipal employees. The applicable statutes, local
70	70	ordinances, and civil service rules govern a term or condition of
71	71	employment on which the public employer and the association do not
72	72	agree.
73	73	(b) An agreement under this chapter must be written.
74	74	(c) This chapter does not require the public employer and
75	75	the recognized employee association to meet and confer or reach an
76	76	agreement on any issue.
77	77	(d) This chapter does not authorize an agreement regarding
78	78	pension or pension-related matters governed by statute.
79	79	Sec. 148.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
80	80	BY GOVERNING BODY. (a) Not later than the 30th day after the date
81	81	the governing body of a municipality receives from an employee
82	82	association a petition signed by the majority of all covered
83	83	employees that requests recognition of the association as the sole
84	84	and exclusive bargaining agent for all the covered employees, the
85	85	governing body shall:
86	86	(1) grant recognition of the association as requested
87	87	in the petition and find that a public employer may meet and confer
88	88	under this chapter without conducting an election by the voters in
89	89	the municipality under Section 148.006;
90	90	(2) defer granting recognition of the association and
91	91	order an election by the voters in the municipality under Section
92	92	148.006 regarding whether a public employer may meet and confer
93	93	under this chapter; or
94	94	(3) order a certification election under Section
95	95	148.005 to determine whether the association represents a majority
96	96	of the covered employees.
97	97	(b) If the governing body of a municipality orders a
98	98	certification election under Subsection (a)(3) and the employee
99	99	association named in the petition is certified to represent a
100	100	majority of the covered employees, the governing body shall, not
101	101	later than the 30th day after the date results of that election are
102	102	certified:
103	103	(1) grant recognition of the association as requested
104	104	in the petition for recognition and find that a public employer may
105	105	meet and confer under this chapter without conducting an election
106	106	by the voters in the municipality under Section 148.006; or
107	107	(2) defer granting recognition of the association and
108	108	order an election by the voters in the municipality under Section
109	109	148.006 regarding whether a public employer may meet and confer
110	110	under this chapter.
111	111	Sec. 148.005. CERTIFICATION ELECTION. (a) Except as
112	112	provided by Subsection (b), a certification election ordered under
113	113	Section 148.004(a)(3) to determine whether an employee association
114	114	represents a majority of the covered employees shall be conducted
115	115	according to procedures agreeable to the parties.
116	116	(b) If the parties are unable to agree on procedures for the
117	117	certification election, either party may request the American
118	118	Arbitration Association to conduct the election and to certify the
119	119	results of the election.
120	120	(c) The results of an election shall be certified if the
121	121	employee association receives a majority of valid votes cast in the
122	122	election.
123	123	(d) The employee association is liable for the expenses of
124	124	the certification election, except that if two or more associations
125	125	seeking recognition as the sole and exclusive bargaining agent
126	126	submit a petition signed by at least 30 percent of the employees
127	127	eligible to sign the petition for recognition, all the associations
128	128	named in any petition shall share equally the costs of the election.
129	129	Sec. 148.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
130	130	CHAPTER. (a) The governing body of a municipality that receives a
131	131	petition for recognition under Section 148.004 may order an
132	132	election to determine whether a public employer may meet and confer
133	133	under this chapter.
134	134	(b) An election ordered under this section must be held as
135	135	part of the next regularly scheduled general election for municipal
136	136	officials that is held after the date the governing body of the
137	137	municipality orders the election and that allows sufficient time to
138	138	prepare the ballot in compliance with other requirements of law.
139	139	(c) The ballot for an election ordered under this section
140	140	shall be printed to permit voting for or against the proposition:
141	141	"Authorizing __________ (name of the municipality) to operate under
142	142	the state law allowing a municipality to meet and confer and make
143	143	agreements with the association representing municipal employees
144	144	as provided by state law, preserving the prohibition against
145	145	strikes and organized work stoppages, and providing penalties for
146	146	strikes and organized work stoppages."
147	147	(d) An election called under this section must be held and
148	148	the returns prepared and canvassed in conformity with the Election
149	149	Code.
150	150	(e) If an election authorized under this section is held,
151	151	the municipality may operate under the other provisions of this
152	152	chapter only if a majority of the votes cast at the election favor
153	153	the proposition.
154	154	(f) If an election authorized under this section is held, an
155	155	employee association may not submit a petition for recognition to
156	156	the governing body of the municipality under Section 148.004 before
157	157	the second anniversary of the date of the election.
158	158	Sec. 148.007. CHANGE OR MODIFICATION OF RECOGNITION. (a)
159	159	The municipal employees may modify or change the recognition of the
160	160	employee association granted under this chapter by filing with the
161	161	governing body of the municipality a petition signed by a majority
162	162	of all covered employees.
163	163	(b) The governing body of the municipality may:
164	164	(1) recognize the change or modification as provided
165	165	by the petition; or
166	166	(2) order a certification election in accordance with
167	167	Section 148.005 regarding whether to do so.
168	168	Sec. 148.008. STRIKES PROHIBITED. (a) A municipal
169	169	employee may not engage in a strike or organized work stoppage
170	170	against this state or the municipality.
171	171	(b) A municipal employee who participates in a strike
172	172	forfeits any civil service rights, reemployment rights, and other
173	173	rights, benefits, or privileges the employee may have as a result of
174	174	the employee's employment or prior employment with the
175	175	municipality.
176	176	(c) This section does not affect the right of a person to
177	177	cease work if the person is not acting in concert with others in an
178	178	organized work stoppage.
179	179	Sec. 148.009. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A
180	180	public employer in a municipality that chooses to meet and confer
181	181	under this chapter shall recognize an employee association that is
182	182	recognized under Section 148.004 or 148.005 as the sole and
183	183	exclusive bargaining agent for the covered employees.
184	184	(b) The public employer shall recognize the employee
185	185	association until recognition of the association is modified or
186	186	changed, in accordance with Section 148.007, by a majority of the
187	187	municipal employees eligible to sign a petition for recognition.
188	188	Sec. 148.010. SELECTION OF BARGAINING AGENT; BARGAINING
189	189	UNIT. (a) The public employer's chief executive officer or the
190	190	chief executive officer's designee shall select one or more persons
191	191	to represent the public employer as its sole and exclusive
192	192	bargaining agent to meet and confer on issues related to the wages,
193	193	hours of employment, and other terms and conditions of employment
194	194	of municipal employees.
195	195	(b) An employee association may designate one or more
196	196	persons to negotiate or bargain on the association's behalf. An
197	197	employee association may not designate as one of its bargaining
198	198	agents any person employed as an attorney for the public employer.
199	199	(c) A municipality's bargaining unit is composed of all the
200	200	covered employees.
201	201	Sec. 148.011. PROTECTED RIGHTS OF EMPLOYEES. A meet and
202	202	confer agreement ratified under this chapter may not interfere with
203	203	the right of a member of a bargaining unit to pursue allegations of
204	204	discrimination based on race, creed, color, national origin,
205	205	religion, age, sex, or disability with the Texas Workforce
206	206	Commission civil rights division or the United States Equal
207	207	Employment Opportunity Commission or to pursue affirmative action
208	208	litigation.
209	209	Sec. 148.012. OPEN RECORDS. (a) A proposed meet and confer
210	210	agreement and a document prepared and used by the municipality,
211	211	including a public employer, in connection with the proposed
212	212	agreement are available to the public under Chapter 552, Government
213	213	Code, only after the agreement is ready to be ratified by the
214	214	governing body of the municipality.
215	215	(b) This section does not affect the application of
216	216	Subchapter C, Chapter 552, Government Code, to a document prepared
217	217	and used in connection with the agreement.
218	218	Sec. 148.013. OPEN DELIBERATIONS. (a) Deliberations
219	219	relating to a meet and confer agreement or proposed agreement under
220	220	this chapter between representatives of the public employer and
221	221	representatives of the employee association recognized under this
222	222	chapter as the sole and exclusive bargaining agent for the covered
223	223	employees must be open to the public and comply with state law.
224	224	(b) Subsection (a) may not be construed to prohibit the
225	225	representatives of the public employer or the representatives of
226	226	the recognized employee association from conducting private
227	227	caucuses that are not open to the public during meet and confer
228	228	negotiations.
229	229	Sec. 148.014. RATIFICATION AND ENFORCEABILITY OF
230	230	AGREEMENT. (a) An agreement under this chapter is enforceable and
231	231	binding on the public employer, the recognized employee
232	232	association, and the employees covered by the meet and confer
233	233	agreement only if:
234	234	(1) the governing body of the municipality ratified
235	235	the agreement by a majority vote; and
236	236	(2) the recognized employee association ratified the
237	237	agreement by conducting a secret ballot election at which the
238	238	majority of the covered employees who voted in the election and are
239	239	members of the association favored ratifying the agreement.
240	240	(b) A meet and confer agreement ratified as described by
241	241	Subsection (a) may establish a procedure by which the parties agree
242	242	to resolve disputes related to a right, duty, or obligation
243	243	provided by the agreement, including binding arbitration on a
244	244	question involving interpretation of the agreement.
245	245	(c) A state district court of a judicial district in which
246	246	the municipality is located has jurisdiction to hear and resolve a
247	247	dispute under the ratified meet and confer agreement on the
248	248	application of a party to the agreement aggrieved by an action or
249	249	omission of the other party when the action or omission is related
250	250	to a right, duty, or obligation provided by the agreement. The
251	251	court may issue proper restraining orders, temporary and permanent
252	252	injunctions, or any other writ, order, or process, including
253	253	contempt orders, that are appropriate to enforcing the agreement.
254	254	Sec. 148.015. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
255	255	OPERATE UNDER THIS CHAPTER. (a) The governing body of a
256	256	municipality that granted recognition of an employee association
257	257	under Section 148.004 without conducting an election under Section
258	258	148.006 may withdraw recognition of the association by providing to
259	259	the association not less than 90 days' written notice that:
260	260	(1) the governing body is withdrawing recognition of
261	261	the association; and
262	262	(2) any agreement between the governing body and the
263	263	association will not be renewed.
264	264	(b) The governing body of a municipality that granted
265	265	recognition of an employee association after conducting an election
266	266	under Section 148.006 may order an election to determine whether a
267	267	public employer may continue to meet and confer under this chapter.
268	268	The governing body may not order an election under this subsection
269	269	until the second anniversary of the date of the election under
270	270	Section 148.006.
271	271	(c) An election ordered under Subsection (b) must be held as
272	272	part of the next regularly scheduled general election for municipal
273	273	officers that occurs after the date the governing body of the
274	274	municipality orders the election and that allows sufficient time to
275	275	prepare the ballot in compliance with other requirements of law.
276	276	(d) The ballot for an election ordered under Subsection (b)
277	277	shall be printed to permit voting for or against the proposition:
278	278	"Authorizing __________ (name of the municipality) to continue to
279	279	operate under the state law allowing a municipality to meet and
280	280	confer and make agreements with the association representing
281	281	municipal employees as provided by state law, preserving the
282	282	prohibition against strikes and organized work stoppages, and
283	283	providing penalties for strikes and organized work stoppages."
284	284	(e) An election ordered under Subsection (b) must be held
285	285	and the returns prepared and canvassed in conformity with the
286	286	Election Code.
287	287	(f) If an election ordered under Subsection (b) is held, the
288	288	municipality may continue to operate under this chapter only if a
289	289	majority of the votes cast at the election favor the proposition.
290	290	(g) If an election ordered under Subsection (b) is held, an
291	291	employee association may not submit a petition for recognition to
292	292	the governing body of the municipality under Section 148.004 before
293	293	the second anniversary of the date of the election.
294	294	Sec. 148.016. ELECTION TO REPEAL AGREEMENT. (a) Not later
295	295	than the 45th day after the date a meet and confer agreement is
296	296	ratified by the governing body of the municipality and the
297	297	recognized employee association, a petition calling for the repeal
298	298	of the agreement signed by at least 10 percent of the qualified
299	299	voters residing in the municipality may be presented to the person
300	300	charged with ordering an election under Section 3.004, Election
301	301	Code.
302	302	(b) If a petition is presented under Subsection (a), the
303	303	governing body of the municipality shall:
304	304	(1) repeal the meet and confer agreement; or
305	305	(2) certify that it is not repealing the agreement and
306	306	call an election to determine whether to repeal the agreement.
307	307	(c) An election called under Subsection (b)(2) may be held
308	308	as part of the next regularly scheduled general election for the
309	309	municipality or at a special election called by the governing body
310	310	for that purpose. The ballot shall be printed to permit voting for
311	311	or against the proposition: "Repeal the meet and confer agreement
312	312	ratified on _____ (date agreement was ratified) by the __________
313	313	(name of the governing body of the municipality) and the _____ (name
314	314	of the recognized municipal employee association) concerning
315	315	wages, salaries, rates of pay, hours of work, and other terms of
316	316	employment."
317	317	(d) If a majority of the votes cast at the election favor the
318	318	repeal of the agreement, the agreement is void.
319	319	Sec. 148.017. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
320	320	A written meet and confer agreement ratified under this chapter
321	321	preempts, during the term of the agreement and to the extent of any
322	322	conflict, all contrary state statutes, local ordinances, executive
323	323	orders, civil service provisions, or rules adopted by this state or
324	324	a political subdivision or agent of this state, including a
325	325	personnel board, civil service commission, or home-rule
326	326	municipality, other than a statute, ordinance, executive order,
327	327	civil service provision, or rule regarding pensions or
328	328	pension-related matters.
329	329	Sec. 148.018. ARBITRATION. The governing body of a
330	330	municipality may submit to interest arbitration any issues that
331	331	were the subject of negotiation between the municipality and the
332	332	employee association. An award or decision by an arbitrator is not
333	333	binding on the municipality until it is adopted by the
334	334	municipality's governing body.
335	335	SECTION 2. This Act takes effect September 1, 2017
336	336	.