Texas 2019 - 86th Regular

Texas House Bill HB3610 Compare Versions

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1	1	86R5174 JCG-F
2	2	By: Walle H.B. No. 3610
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to local control of the employment matters of officers of
8	8	the sheriff's department in certain counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 5, Local Government Code, is
11	11	amended by adding Chapter 162 to read as follows:
12	12	CHAPTER 162. LOCAL CONTROL OF EMPLOYMENT MATTERS OF OFFICERS IN
13	13	SHERIFF'S DEPARTMENT IN CERTAIN COUNTIES
14	14	Sec. 162.001. APPLICABILITY. This chapter applies only to
15	15	a county with a population of 3.3 million or more, but does not
16	16	apply to a county that has adopted Chapter 174.
17	17	Sec. 162.002. DEFINITIONS. In this chapter:
18	18	(1) "Sheriff's officer" means a sworn peace officer
19	19	employed by the county who is covered by the county's pension plan
20	20	and is classified by the county as nonexempt. The term does not
21	21	include the sheriff.
22	22	(2) "Sheriff's officer employee group" means an
23	23	organization:
24	24	(A) in which at least three percent of the
25	25	sheriff's officers of the county have participated and paid dues
26	26	via automatic payroll deduction for at least one year; and
27	27	(B) that exists for the purpose, in whole or in
28	28	part, of dealing with the county concerning grievances, labor
29	29	disputes, wages, rates of pay, hours of employment, or conditions
30	30	of employment affecting sheriff's officers.
31	31	Sec. 162.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) A
32	32	meet and confer team is created under this section and consists of
33	33	members representing the sheriff's officer employee groups in the
34	34	county, provided each group may appoint only one sheriff's officer
35	35	of the county to serve as a member of the team.
36	36	(b) The meet and confer team represents all sheriff's
37	37	officers in the county and shall negotiate with the county in an
38	38	effort to reach an agreement on concerns shared by the sheriff's
39	39	officers regarding terms of employment, including concerns
40	40	relating to wages, benefits, and other working conditions but
41	41	excluding concerns relating to pensions. Only the meet and confer
42	42	team created under this section may represent the sheriff's
43	43	officers of the county in the capacity described by this
44	44	subsection, except that the team may be accompanied by legal
45	45	counsel.
46	46	(c) Concerns relating to affirmative action, employment
47	47	discrimination, hiring, and promotions may be discussed by
48	48	individual sheriff's officer associations independent of the meet
49	49	and confer team.
50	50	(d) Expenses associated with the meet and confer team must
51	51	be divided pro rata among each sheriff's officer employee group
52	52	based on the number of sheriff's department members represented by
53	53	each group.
54	54	(e) A county may designate one or more persons to meet and
55	55	confer on the county's behalf.
56	56	Sec. 162.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
57	57	BY GOVERNING BODY. (a) Not later than the 30th day after the date
58	58	a commissioners court receives from the meet and confer team a
59	59	petition signed by a majority of all sheriff's officers, excluding
60	60	the sheriff and other excluded employees as described by Section
61	61	162.008(b), that requests recognition of the meet and confer team
62	62	as the sole and exclusive bargaining agent for all the sheriff's
63	63	officers employed by the county, excluding the sheriff and other
64	64	excluded employees as described by Section 162.008(b), the
65	65	commissioners court shall:
66	66	(1) grant recognition of the meet and confer team as
67	67	requested in the petition and determine by majority vote that the
68	68	county may meet and confer under this chapter without conducting an
69	69	election by the voters in the county under Section 162.006;
70	70	(2) defer granting recognition of the meet and confer
71	71	team and order an election by the voters in the county under Section
72	72	162.006 regarding whether the county may meet and confer under this
73	73	chapter; or
74	74	(3) order a certification election under Section
75	75	162.005 to determine whether the employee groups in the meet and
76	76	confer team represent a majority of the covered sheriff's officers.
77	77	(b) If a commissioners court orders a certification
78	78	election under Subsection (a)(3) and the employee groups that are
79	79	part of the meet and confer team are certified to represent a
80	80	majority of the covered sheriff's officers, the court shall, not
81	81	later than the 30th day after the date that results of that election
82	82	are certified:
83	83	(1) grant recognition of the meet and confer team as
84	84	requested in the petition for recognition and determine by majority
85	85	vote that the county may meet and confer under this chapter without
86	86	conducting an election by the voters in the county under Section
87	87	162.006; or
88	88	(2) defer granting recognition of the meet and confer
89	89	team and order an election by the voters in the county under Section
90	90	162.006 regarding whether a public employer may meet and confer
91	91	under this chapter.
92	92	Sec. 162.005. CERTIFICATION ELECTION. (a) Except as
93	93	provided by Subsection (b), a certification election ordered under
94	94	Section 162.004(a)(3) to determine whether the employee groups in
95	95	the meet and confer team represent a majority of the covered
96	96	sheriff's officers shall be conducted according to procedures
97	97	agreeable to the parties.
98	98	(b) If the parties are unable to agree on procedures for the
99	99	certification election, either party may request the American
100	100	Arbitration Association to conduct the election and to certify the
101	101	results of the election.
102	102	(c) Certification of the results of an election under this
103	103	section resolves the question concerning representation.
104	104	(d) Each employee group in the meet and confer team is
105	105	liable for the expenses of the certification election for the
106	106	employees the group represents.
107	107	Sec. 162.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
108	108	CHAPTER. (a) A commissioners court that receives a petition for
109	109	recognition under Section 162.004 may order an election to
110	110	determine whether a public employer may meet and confer under this
111	111	chapter.
112	112	(b) An election ordered under this section must be held as
113	113	part of the next regularly scheduled general election for state and
114	114	county officers under Section 41.002, Election Code, that is held
115	115	after the date the commissioners court orders the election and that
116	116	allows sufficient time to prepare the ballot in compliance with
117	117	other requirements of law.
118	118	(c) The ballot for an election ordered under this section
119	119	shall be printed to permit voting for or against the proposition:
120	120	"Authorizing __________ (name of the county) to operate under the
121	121	state law allowing a county to meet and confer and make agreements
122	122	with the meet and confer team representing sheriff's officers as
123	123	provided by state law, preserving the prohibition against strikes
124	124	and organized work stoppages, and providing penalties for strikes
125	125	and organized work stoppages."
126	126	(d) An election called under this section must be held and
127	127	the returns prepared and canvassed in conformity with the Election
128	128	Code.
129	129	(e) If an election authorized under this section is held,
130	130	the county may operate under the other provisions of this chapter
131	131	only if a majority of the votes cast at the election favor the
132	132	proposition.
133	133	(f) If an election authorized under this section is held, a
134	134	meet and confer team may not submit a petition for recognition to
135	135	the commissioners court under Section 162.004 before the second
136	136	anniversary of the date of the election.
137	137	Sec. 162.007. WITHDRAWAL OF RECOGNITION. (a) The
138	138	sheriff's officers may withdraw the recognition of the meet and
139	139	confer team granted under this chapter by filing with the
140	140	commissioners court a petition signed by a majority of all covered
141	141	sheriff's officers.
142	142	(b) The commissioners court may:
143	143	(1) withdraw recognition as provided by the petition;
144	144	or
145	145	(2) order a certification election in accordance with
146	146	Section 162.005 regarding whether to do so.
147	147	Sec. 162.008. RECOGNITION OF MEET AND CONFER TEAM. (a) A
148	148	public employer in a county that chooses to meet and confer under
149	149	this chapter shall recognize the meet and confer team that is
150	150	recognized under Section 162.004 or 162.006 as the sole and
151	151	exclusive bargaining agent for the sheriff's officers, excluding
152	152	the sheriff and the employees exempt under Subsection (b), in
153	153	accordance with this chapter and the petition.
154	154	(b) For the purposes of Subsection (a), exempt employees are
155	155	employees appointed by the sheriff in the classification
156	156	immediately below that of sheriff or that are exempt by the mutual
157	157	agreement of the meet and confer team and the county.
158	158	(c) The county shall recognize the meet and confer team
159	159	until recognition of the meet and confer team is withdrawn in
160	160	accordance with Section 162.007 by a majority of the sheriff's
161	161	officers who are eligible to sign a petition for recognition.
162	162	Sec. 162.009. GENERAL PROVISIONS RELATING TO AGREEMENTS,
163	163	RECOGNITION, AND STRIKES. (a) A county may not be denied local
164	164	control over the wages, salaries, rates of pay, hours of work, and
165	165	other terms of employment, or other state-mandated personnel
166	166	issues, if the county and the meet and confer team recognized under
167	167	Section 162.004 or 162.006 as the sole and exclusive bargaining
168	168	agent for the covered sheriff's officers come to a mutual agreement
169	169	on any of the terms of employment. If an agreement is not reached,
170	170	the state laws, local ordinances, and civil service rules remain
171	171	unaffected. All agreements must be written. Nothing in this
172	172	chapter requires either party to meet and confer on any issue or
173	173	reach an agreement.
174	174	(b) A county may meet and confer only if the meet and confer
175	175	team does not advocate the illegal right to strike by public
176	176	employees.
177	177	(c) Sheriff's officers of a county may not engage in strikes
178	178	against this state or a political subdivision of this state. A
179	179	sheriff's officer who participates in a strike forfeits all civil
180	180	service rights, reemployment rights, and any other rights,
181	181	benefits, or privileges the officer enjoys as a result of
182	182	employment or prior employment.
183	183	(d) In this section, "strike" means failing to report for
184	184	duty in concerted action with others, wilfully being absent from an
185	185	assigned position, stopping work, abstaining from the full,
186	186	faithful, and proper performance of the duties of employment, or
187	187	interfering with the operation of a county. This section does not
188	188	prohibit a sheriff's officer from conferring with members of the
189	189	commissioners court about conditions, compensation, rights,
190	190	privileges, or obligations of employment.
191	191	Sec. 162.010. PAYROLL DUES DEDUCTIONS. The county may not
192	192	prevent automatic payroll deductions for dues paid to a sheriff's
193	193	officer employee group.
194	194	Sec. 162.011. RECORDS AND MEETINGS. (a) An agreement made
195	195	under this chapter is public information for purposes of Chapter
196	196	552, Government Code. The agreement and any document prepared and
197	197	used by the county in connection with the agreement, except for
198	198	materials created during a county's caucuses and notes that are
199	199	otherwise privileged by law, are available to the public in
200	200	accordance with Chapter 552, Government Code, only after the
201	201	agreement is ratified by both parties.
202	202	(b) This section does not affect the application of
203	203	Subchapter C, Chapter 552, Government Code, to a document prepared
204	204	and used by the county in connection with the agreement.
205	205	Sec. 162.012. ENFORCEABILITY OF AGREEMENT. (a) A written
206	206	agreement made under this chapter between a county and the meet and
207	207	confer team is enforceable and binding on the county, the meet and
208	208	confer team, sheriff's officer employee groups, and the sheriff's
209	209	officers covered by the agreement if:
210	210	(1) the commissioners court ratified the agreement by
211	211	a majority vote; and
212	212	(2) the agreement is ratified under Section 162.013.
213	213	(b) A state district court of the judicial district in which
214	214	a majority of the population of the county is located has full
215	215	authority and jurisdiction on the application of either party
216	216	aggrieved by an action or omission of the other party when the
217	217	action or omission is related to a right, duty, or obligation
218	218	provided by any written agreement ratified as required by this
219	219	chapter. The court may issue proper restraining orders, temporary
220	220	and permanent injunctions, and any other writ, order, or process,
221	221	including contempt orders, that are appropriate to enforcing any
222	222	written agreement ratified as required by this chapter.
223	223	Sec. 162.013. ELECTION TO RATIFY AGREEMENT. (a) The meet
224	224	and confer team shall call an election to ratify any agreement
225	225	reached with the county if the agreement has been approved by a
226	226	five-sevenths vote of the members of the meet and confer team.
227	227	(b) All sheriff's officers of the county are eligible to
228	228	vote in the election.
229	229	(c) An agreement may be ratified under this section only if
230	230	at least 65 percent of the votes cast in the election favor the
231	231	ratification.
232	232	(d) A sheriff's officer who is not a member of a sheriff's
233	233	officer employee group may be assessed a fee for any cost associated
234	234	with casting the sheriff's officer's vote.
235	235	(e) The meet and confer team by unanimous consensus shall
236	236	establish procedures for the election.
237	237	Sec. 162.014. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
238	238	OPERATE UNDER THIS CHAPTER. (a) A commissioners court that
239	239	granted recognition of a meet and confer team under Section 162.004
240	240	without conducting an election under Section 162.006 may withdraw
241	241	recognition of the meet and confer team by providing to the meet and
242	242	confer team not less than 90 days' written notice that:
243	243	(1) the commissioners court is withdrawing
244	244	recognition of the meet and confer team; and
245	245	(2) any agreement between the commissioners court and
246	246	the meet and confer team will not be renewed.
247	247	(b) A commissioners court that granted recognition of a meet
248	248	and confer team after conducting an election under Section 162.006
249	249	may order an election to determine whether a public employer may
250	250	continue to meet and confer under this chapter. The commissioners
251	251	court may not order an election under this subsection until the
252	252	second anniversary of the date of the election under Section
253	253	162.006.
254	254	(c) An election ordered under Subsection (b) must be held as
255	255	part of the next regularly scheduled general election for state and
256	256	county officers under Section 41.002, Election Code, that occurs
257	257	after the date the commissioners court orders the election and that
258	258	allows sufficient time to prepare the ballot in compliance with
259	259	other requirements of law.
260	260	(d) The ballot for an election ordered under Subsection (b)
261	261	shall be printed to allow voting for or against the proposition:
262	262	"Authorizing __________ (name of the county) to continue to operate
263	263	under the state law allowing a county to meet and confer and make
264	264	agreements with the meet and confer team representing sheriff's
265	265	officers as provided by state law, preserving the prohibition
266	266	against strikes and organized work stoppages, and providing
267	267	penalties for strikes and organized work stoppages."
268	268	(e) An election ordered under Subsection (b) must be held
269	269	and the returns prepared and canvassed in conformity with the
270	270	Election Code.
271	271	(f) If an election ordered under Subsection (b) is held, the
272	272	county may continue to operate under this chapter only if a majority
273	273	of the votes cast at the election favor the proposition.
274	274	(g) If an election ordered under Subsection (b) is held, a
275	275	meet and confer team may not submit a petition for recognition to
276	276	the commissioners court under Section 162.004 before the second
277	277	anniversary of the date of the election.
278	278	Sec. 162.015. ELECTION TO REPEAL AGREEMENT. (a) Not later
279	279	than the 60th day after the date a meet and confer agreement is
280	280	ratified by the commissioners court and the sheriff's officers
281	281	under Section 162.013, a petition calling for the repeal of the
282	282	agreement signed by a number of registered voters residing in the
283	283	county equal to at least 10 percent of the votes cast at the most
284	284	recent general election held in the county may be presented to the
285	285	person charged with ordering an election under Section 3.004,
286	286	Election Code.
287	287	(b) If a petition is presented under Subsection (a), the
288	288	commissioners court shall:
289	289	(1) repeal the meet and confer agreement; or
290	290	(2) certify that the commissioners court is not
291	291	repealing the agreement and call an election to determine whether
292	292	to repeal the agreement.
293	293	(c) An election called under Subsection (b)(2) may be held
294	294	as part of the next regularly scheduled general election for the
295	295	county. The ballot shall be printed to provide for voting for or
296	296	against the proposition: "Repeal the meet and confer agreement
297	297	ratified on __________ (date agreement was ratified) by the
298	298	commissioners court of __________ (name of the county) and the
299	299	sheriff's officers employed by __________ (name of county)
300	300	concerning wages, salaries, rates of pay, hours of work, and other
301	301	terms of employment."
302	302	(d) If a majority of the votes cast at the election favor the
303	303	repeal of the agreement, the agreement is void.
304	304	Sec. 162.016. EFFECT ON EXISTING BENEFITS AND RIGHTS.
305	305	(a) This chapter may not be construed to repeal any existing
306	306	benefit provided by statute or ordinance concerning sheriff's
307	307	officers' compensation, pensions, retirement plans, hours of work,
308	308	conditions of employment, or other emoluments except as expressly
309	309	provided in a ratified meet and confer agreement. This chapter is
310	310	in addition to the benefits provided by existing statutes and
311	311	ordinances.
312	312	(b) This chapter may not be construed to interfere with the
313	313	free speech right, guaranteed by the First Amendment to the United
314	314	States Constitution, of an individual sheriff's officer to endorse
315	315	or dissent from any agreement.
316	316	SECTION 2. This Act takes effect September 1, 2019.