86R5174 JCG-F
By: Walle H.B. No. 3610
A BILL TO BE ENTITLED
AN ACT
relating to local control of the employment matters of officers of
the sheriff's department in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Local Government Code, is
amended by adding Chapter 162 to read as follows:
CHAPTER 162. LOCAL CONTROL OF EMPLOYMENT MATTERS OF OFFICERS IN
SHERIFF'S DEPARTMENT IN CERTAIN COUNTIES
Sec. 162.001. APPLICABILITY. This chapter applies only to
a county with a population of 3.3 million or more, but does not
apply to a county that has adopted Chapter 174.
Sec. 162.002. DEFINITIONS. In this chapter:
(1) "Sheriff's officer" means a sworn peace officer
employed by the county who is covered by the county's pension plan
and is classified by the county as nonexempt. The term does not
include the sheriff.
(2) "Sheriff's officer employee group" means an
organization:
(A) in which at least three percent of the
sheriff's officers of the county have participated and paid dues
via automatic payroll deduction for at least one year; and
(B) that exists for the purpose, in whole or in
part, of dealing with the county concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions
of employment affecting sheriff's officers.
Sec. 162.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) A
meet and confer team is created under this section and consists of
members representing the sheriff's officer employee groups in the
county, provided each group may appoint only one sheriff's officer
of the county to serve as a member of the team.
(b) The meet and confer team represents all sheriff's
officers in the county and shall negotiate with the county in an
effort to reach an agreement on concerns shared by the sheriff's
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 sheriff's
officers of the county 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 sheriff's 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 sheriff's officer employee group
based on the number of sheriff's department members represented by
each group.
(e) A county may designate one or more persons to meet and
confer on the county's behalf.
Sec. 162.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
BY GOVERNING BODY. (a) Not later than the 30th day after the date
a commissioners court receives from the meet and confer team a
petition signed by a majority of all sheriff's officers, excluding
the sheriff and other excluded employees as described by Section
162.008(b), that requests recognition of the meet and confer team
as the sole and exclusive bargaining agent for all the sheriff's
officers employed by the county, excluding the sheriff and other
excluded employees as described by Section 162.008(b), the
commissioners court shall:
(1) grant recognition of the meet and confer team as
requested in the petition and determine by majority vote that the
county may meet and confer under this chapter without conducting an
election by the voters in the county under Section 162.006;
(2) defer granting recognition of the meet and confer
team and order an election by the voters in the county under Section
162.006 regarding whether the county may meet and confer under this
chapter; or
(3) order a certification election under Section
162.005 to determine whether the employee groups in the meet and
confer team represent a majority of the covered sheriff's officers.
(b) If a commissioners court 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 sheriff's officers, the court 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 county may meet and confer under this chapter without
conducting an election by the voters in the county under Section
162.006; or
(2) defer granting recognition of the meet and confer
team and order an election by the voters in the county under Section
162.006 regarding whether a public employer may meet and confer
under this chapter.
Sec. 162.005. CERTIFICATION ELECTION. (a) Except as
provided by Subsection (b), a certification election ordered under
Section 162.004(a)(3) to determine whether the employee groups in
the meet and confer team represent a majority of the covered
sheriff's 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. 162.006. ELECTION TO AUTHORIZE OPERATING UNDER THIS
CHAPTER. (a) A commissioners court that receives a petition for
recognition under Section 162.004 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 state and
county officers under Section 41.002, Election Code, that is held
after the date the commissioners court 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 county) to operate under the
state law allowing a county to meet and confer and make agreements
with the meet and confer team representing sheriff's 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 county 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 commissioners court under Section 162.004 before the second
anniversary of the date of the election.
Sec. 162.007. WITHDRAWAL OF RECOGNITION. (a) The
sheriff's officers may withdraw the recognition of the meet and
confer team granted under this chapter by filing with the
commissioners court a petition signed by a majority of all covered
sheriff's officers.
(b) The commissioners court may:
(1) withdraw recognition as provided by the petition;
or
(2) order a certification election in accordance with
Section 162.005 regarding whether to do so.
Sec. 162.008. RECOGNITION OF MEET AND CONFER TEAM. (a) A
public employer in a county that chooses to meet and confer under
this chapter shall recognize the meet and confer team that is
recognized under Section 162.004 or 162.006 as the sole and
exclusive bargaining agent for the sheriff's officers, excluding
the sheriff 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 sheriff in the classification
immediately below that of sheriff or that are exempt by the mutual
agreement of the meet and confer team and the county.
(c) The county shall recognize the meet and confer team
until recognition of the meet and confer team is withdrawn in
accordance with Section 162.007 by a majority of the sheriff's
officers who are eligible to sign a petition for recognition.
Sec. 162.009. GENERAL PROVISIONS RELATING TO AGREEMENTS,
RECOGNITION, AND STRIKES. (a) A county 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 county and the meet and confer team recognized under
Section 162.004 or 162.006 as the sole and exclusive bargaining
agent for the covered sheriff's 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 must be written. Nothing in this
chapter requires either party to meet and confer on any issue or
reach an agreement.
(b) A county may meet and confer only if the meet and confer
team does not advocate the illegal right to strike by public
employees.
(c) Sheriff's officers of a county may not engage in strikes
against this state or a political subdivision of this state. A
sheriff's officer who participates in a strike forfeits all civil
service rights, reemployment rights, and any other rights,
benefits, or privileges the 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 county. This section does not
prohibit a sheriff's officer from conferring with members of the
commissioners court about conditions, compensation, rights,
privileges, or obligations of employment.
Sec. 162.010. PAYROLL DUES DEDUCTIONS. The county may not
prevent automatic payroll deductions for dues paid to a sheriff's
officer employee group.
Sec. 162.011. 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 county in connection with the agreement, except for
materials created during a county'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 county in connection with the agreement.
Sec. 162.012. ENFORCEABILITY OF AGREEMENT. (a) A written
agreement made under this chapter between a county and the meet and
confer team is enforceable and binding on the county, the meet and
confer team, sheriff's officer employee groups, and the sheriff's
officers covered by the agreement if:
(1) the commissioners court ratified the agreement by
a majority vote; and
(2) the agreement is ratified under Section 162.013.
(b) A state district court of the judicial district in which
a majority of the population of the county 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. 162.013. ELECTION TO RATIFY AGREEMENT. (a) The meet
and confer team shall call an election to ratify any agreement
reached with the county if the agreement has been approved by a
five-sevenths vote of the members of the meet and confer team.
(b) All sheriff's officers of the county are eligible to
vote in the election.
(c) An agreement may be ratified under this section only if
at least 65 percent of the votes cast in the election favor the
ratification.
(d) A sheriff's officer who is not a member of a sheriff's
officer employee group may be assessed a fee for any cost associated
with casting the sheriff's officer's vote.
(e) The meet and confer team by unanimous consensus shall
establish procedures for the election.
Sec. 162.014. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
OPERATE UNDER THIS CHAPTER. (a) A commissioners court that
granted recognition of a meet and confer team under Section 162.004
without conducting an election under Section 162.006 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 commissioners court is withdrawing
recognition of the meet and confer team; and
(2) any agreement between the commissioners court and
the meet and confer team will not be renewed.
(b) A commissioners court that granted recognition of a meet
and confer team after conducting an election under Section 162.006
may order an election to determine whether a public employer may
continue to meet and confer under this chapter. The commissioners
court may not order an election under this subsection until the
second anniversary of the date of the election under Section
162.006.
(c) An election ordered under Subsection (b) must be held as
part of the next regularly scheduled general election for state and
county officers under Section 41.002, Election Code, that occurs
after the date the commissioners court 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 county) to continue to operate
under the state law allowing a county to meet and confer and make
agreements with the meet and confer team representing sheriff's
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
county 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 commissioners court under Section 162.004 before the second
anniversary of the date of the election.
Sec. 162.015. ELECTION TO REPEAL AGREEMENT. (a) Not later
than the 60th day after the date a meet and confer agreement is
ratified by the commissioners court and the sheriff's officers
under Section 162.013, a petition calling for the repeal of the
agreement signed by a number of registered voters residing in the
county equal to at least 10 percent of the votes cast at the most
recent general election held in the county 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
commissioners court shall:
(1) repeal the meet and confer agreement; or
(2) certify that the commissioners court 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
county. 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
commissioners court of __________ (name of the county) and the
sheriff's officers employed by __________ (name of county)
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. 162.016. EFFECT ON EXISTING BENEFITS AND RIGHTS.
(a) This chapter may not be construed to repeal any existing
benefit provided by statute or ordinance concerning sheriff's
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 sheriff's officer to endorse
or dissent from any agreement.
SECTION 2. This Act takes effect September 1, 2019.