Texas 2025 - 89th Regular

Texas House Bill HB3648 Compare Versions

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1	1	89R10140 JBD-D
2	2	By: Walle H.B. No. 3648
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to local control of the employment matters of sheriff's
10	10	department employees in certain counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 5, Local Government Code, is
13	13	amended by adding Chapter 162 to read as follows:
14	14	CHAPTER 162. LOCAL CONTROL OF EMPLOYMENT MATTERS OF SHERIFF'S
15	15	DEPARTMENT EMPLOYEES IN CERTAIN COUNTIES
16	16	Sec. 162.001. APPLICABILITY. This chapter applies only to
17	17	a county with a population of 3.3 million or more, but does not
18	18	apply to a county that has adopted Chapter 174.
19	19	Sec. 162.002. DEFINITIONS. In this chapter:
20	20	(1) "Department employee" means an employee of a
21	21	sheriff's department. The term does not include the sheriff.
22	22	(2) "Department employee group" means an
23	23	organization:
24	24	(A) in which, on or before September 1, 2025, at
25	25	least three percent of the employees of a sheriff's department for a
26	26	county have participated and paid dues via automatic payroll
27	27	deduction; and
28	28	(B) that exists for the purpose, in whole or in
29	29	part, of dealing with the county concerning grievances, labor
30	30	disputes, wages, rates of pay, hours of employment, or conditions
31	31	of employment affecting department employees.
32	32	Sec. 162.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) A
33	33	meet and confer team is created under this section and consists of
34	34	members representing the recognized department employee group in
35	35	the county.
36	36	(b) The meet and confer team represents all department
37	37	employees in the county and shall negotiate with the county in an
38	38	effort to reach an agreement on concerns shared by the employees
39	39	regarding terms of employment, including concerns relating to
40	40	wages, benefits, and other working conditions but excluding
41	41	concerns relating to pensions. Only the meet and confer team
42	42	created under this section may represent the employees in the
43	43	capacity described by this subsection, except that the team may be
44	44	accompanied by legal counsel.
45	45	(c) Concerns relating to affirmative action, employment
46	46	discrimination, hiring, and promotions may be discussed by
47	47	individual sheriff's officer associations independent of the meet
48	48	and confer team.
49	49	(d) Expenses associated with the meet and confer team must
50	50	be paid by the department employee group.
51	51	(e) A county may designate one or more persons to meet and
52	52	confer on the entity's behalf.
53	53	Sec. 162.004. PETITION FOR RECOGNITION: ELECTION OR ACTION
54	54	BY GOVERNING BODY. (a) Not later than the 30th day after the date
55	55	a commissioners court receives from the meet and confer team a
56	56	petition signed by a majority of all department employees,
57	57	excluding each person exempt from the civil service system as
58	58	provided by Section 158.038, that requests recognition of the meet
59	59	and confer team as the sole and exclusive bargaining agent for all
60	60	the department employees of the county, the commissioners court
61	61	shall:
62	62	(1) grant recognition of the meet and confer team as
63	63	requested in the petition and determine by majority vote that the
64	64	county may meet and confer under this chapter; or
65	65	(2) order a certification election under Section
66	66	162.005 to determine whether the meet and confer team represents a
67	67	majority of department employees.
68	68	(b) If a commissioners court orders a certification
69	69	election under Subsection (a)(2) and the meet and confer team is
70	70	certified to represent a majority of department employees, the
71	71	court shall, not later than the 30th day after the date that results
72	72	of that election are certified, grant recognition of the meet and
73	73	confer team as requested in the petition for recognition and
74	74	determine by majority vote that the county may meet and confer under
75	75	this chapter.
76	76	Sec. 162.005. CERTIFICATION ELECTION. (a) Except as
77	77	provided by Subsection (b), a certification election ordered under
78	78	Section 162.004(a)(2) to determine whether the meet and confer team
79	79	represents a majority of department employees shall be conducted
80	80	according to procedures agreeable to the parties.
81	81	(b) If the parties are unable to agree on procedures for the
82	82	certification election, either party may request the American
83	83	Arbitration Association to conduct the election and to certify the
84	84	results of the election.
85	85	(c) Certification of the results of an election under this
86	86	section resolves the question concerning representation.
87	87	(d) The meet and confer team is liable for the expenses of
88	88	the certification election.
89	89	Sec. 162.006. WITHDRAWAL OF RECOGNITION. (a) Department
90	90	employees may withdraw the recognition of the meet and confer team
91	91	granted under this chapter by filing with the commissioners court a
92	92	petition signed by a majority of all department employees stating:
93	93	(1) whether the employees wish to withdraw recognition
94	94	of the meet and confer team; and
95	95	(2) whether the employees wish to certify a new meet
96	96	and confer team.
97	97	(b) The commissioners court shall order a certification
98	98	election in accordance with Section 162.005 regarding whether to do
99	99	so.
100	100	(c) If a replacement meet and confer team is requested under
101	101	Subsection (a)(2), a certification election held in accordance with
102	102	Section 162.005 shall be held to determine whether the new meet and
103	103	confer team will be recognized, and that certification election may
104	104	be held simultaneously with the certification election required
105	105	under Subsection (b).
106	106	(d) The meet and confer team that seeks to be recognized is
107	107	liable for the expenses of the certification election.
108	108	(e) If a majority of department employees vote to have the
109	109	recognition of a meet and confer team withdrawn, the county shall
110	110	withdraw recognition of the meet and confer team.
111	111	Sec. 162.007. RECOGNITION OF MEET AND CONFER TEAM. (a) A
112	112	county that chooses to meet and confer under this chapter shall
113	113	recognize the meet and confer team that is recognized under Section
114	114	162.004 or 162.006 as the sole and exclusive bargaining agent for
115	115	department employees, excluding the employees exempt under
116	116	Subsection (b), in accordance with this chapter and the petition.
117	117	(b) For the purposes of Subsection (a), exempt employees
118	118	are:
119	119	(1) persons exempt from the civil service system as
120	120	provided by Section 158.038; or
121	121	(2) persons exempted by mutual agreement between the
122	122	sheriff's department and the department employee group.
123	123	(c) The county shall recognize the meet and confer team
124	124	until recognition of the meet and confer team is withdrawn in
125	125	accordance with Section 162.006 by a majority of department
126	126	employees who are eligible to sign a petition for recognition.
127	127	Sec. 162.008. GENERAL PROVISIONS RELATING TO AGREEMENTS,
128	128	RECOGNITION, AND STRIKES. (a) A county may not be denied local
129	129	control over the wages, salaries, rates of pay, hours of work, and
130	130	other terms of employment, or other state-mandated personnel
131	131	issues, if the county and the meet and confer team recognized under
132	132	Section 162.004 or 162.006 as the sole and exclusive bargaining
133	133	agent for department employees come to a mutual agreement on any of
134	134	the terms of employment. If an agreement is not reached, the state
135	135	laws, local ordinances, and civil service rules remain unaffected.
136	136	All agreements must be written. Nothing in this chapter requires
137	137	either party to meet and confer on any issue or reach an agreement.
138	138	(b) A county may meet and confer only if the meet and confer
139	139	team does not advocate the illegal right to strike by public
140	140	employees.
141	141	(c) Department employees may not engage in strikes against
142	142	this state or a political subdivision of this state. A department
143	143	employee who participates in a strike forfeits all civil service
144	144	rights, reemployment rights, and any other rights, benefits, or
145	145	privileges the employee enjoys as a result of employment or prior
146	146	employment.
147	147	(d) In this section, "strike" means failing to report for
148	148	duty in concerted action with others, wilfully being absent from an
149	149	assigned position, stopping work, abstaining from the full,
150	150	faithful, and proper performance of the duties of employment, or
151	151	interfering with the operation of a county. This section does not
152	152	prohibit a department employee from conferring with members of the
153	153	commissioners court or sheriff's department about conditions,
154	154	compensation, rights, privileges, or obligations of employment.
155	155	Sec. 162.009. PAYROLL DUES DEDUCTIONS. The county may not
156	156	prevent automatic payroll deductions for dues paid to a department
157	157	employee group that has been recognized as a meet and confer team.
158	158	Sec. 162.010. RECORDS AND MEETINGS. (a) An agreement made
159	159	under this chapter and any document prepared and used by the county
160	160	in connection with the agreement, except for materials created
161	161	during a commissioners court executive session and notes that are
162	162	otherwise confidential, are subject to disclosure under Chapter
163	163	552, Government Code, but only after the agreement is ratified by
164	164	the parties.
165	165	(b) This section does not affect the application of
166	166	Subchapter C, Chapter 552, Government Code, to a document prepared
167	167	and used by the county in connection with the agreement.
168	168	Sec. 162.011. ENFORCEABILITY OF AGREEMENT. (a) A written
169	169	agreement made under this chapter between a county and the meet and
170	170	confer team is enforceable and binding on the county, the meet and
171	171	confer team, the department employee group, and the department
172	172	employees covered by the agreement if:
173	173	(1) the commissioners court ratified the agreement by
174	174	a majority vote; and
175	175	(2) the agreement is ratified under Section 162.012.
176	176	(b) A state district court of the judicial district in which
177	177	a majority of the population of the county is located has full
178	178	authority and jurisdiction on the application of either party
179	179	aggrieved by an action or omission of the other party when the
180	180	action or omission is related to a right, duty, or obligation
181	181	provided by any written agreement ratified as required by this
182	182	chapter. The court may issue proper restraining orders, temporary
183	183	and permanent injunctions, and any other writ, order, or process,
184	184	including contempt orders, that are appropriate to enforcing any
185	185	written agreement ratified as required by this chapter.
186	186	Sec. 162.012. ELECTION TO RATIFY AGREEMENT. (a) The meet
187	187	and confer team shall call an election to ratify any agreement
188	188	reached with the county if the agreement has been approved by the
189	189	members of the meet and confer team.
190	190	(b) All department employees are eligible to vote in the
191	191	election.
192	192	(c) An agreement may be ratified under this section only if
193	193	at least 65 percent of the votes cast in the election favor the
194	194	ratification.
195	195	(d) A department employee who is not a member of a
196	196	department employee group may be assessed a fee for any cost
197	197	associated with casting the employee's vote.
198	198	(e) The meet and confer team by unanimous consensus shall
199	199	establish procedures for the election.
200	200	(f) The meet and confer team is liable for the expenses of
201	201	the election.
202	202	Sec. 162.013. ELECTION TO REPEAL AGREEMENT. (a) Not later
203	203	than the 60th day after the date a meet and confer agreement is
204	204	ratified by the commissioners court and department employees under
205	205	Section 162.012, a petition calling for the repeal of the agreement
206	206	signed by a number of registered voters residing in the county equal
207	207	to at least 10 percent of the votes cast at the most recent general
208	208	election held in the county may be presented to the person charged
209	209	with ordering an election under Section 3.004, Election Code.
210	210	(b) If a petition is presented under Subsection (a), the
211	211	commissioners court shall call an election to determine whether to
212	212	repeal the agreement.
213	213	(c) An election called under Subsection (b) may be held as
214	214	part of the next regularly scheduled general election for the
215	215	county. The ballot shall be printed to provide for voting for or
216	216	against the proposition: "Repeal the meet and confer agreement
217	217	ratified on __________ (date agreement was ratified) by the
218	218	commissioners court of __________ (name of the county) and the
219	219	employees of the sheriff's department of __________ (name of
220	220	county) concerning wages, salaries, rates of pay, hours of work,
221	221	and other terms of employment."
222	222	(d) If a majority of the votes cast at the election favor the
223	223	repeal of the agreement, the agreement is void.
224	224	Sec. 162.014. EFFECT ON EXISTING BENEFITS AND RIGHTS.
225	225	(a) This chapter may not be construed to repeal any existing
226	226	benefit provided by statute or ordinance concerning department
227	227	employees' compensation, pensions, retirement plans, hours of
228	228	work, conditions of employment, or other emoluments except as
229	229	expressly provided in a ratified meet and confer agreement. This
230	230	chapter is in addition to the benefits provided by existing
231	231	statutes and ordinances.
232	232	(b) This chapter may not be construed to interfere with the
233	233	free speech right, guaranteed by the First Amendment to the United
234	234	States Constitution, of an individual department employee to
235	235	endorse or dissent from any agreement.
236	236	SECTION 2. This Act takes effect September 1, 2025.