89R10140 JBD-D
By: Walle H.B. No. 3648
A BILL TO BE ENTITLED
AN ACT
relating to local control of the employment matters of sheriff's
department employees 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 SHERIFF'S
DEPARTMENT EMPLOYEES 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) "Department employee" means an employee of a
sheriff's department. The term does not include the sheriff.
(2) "Department employee group" means an
organization:
(A) in which, on or before September 1, 2025, at
least three percent of the employees of a sheriff's department for a
county 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 county concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions
of employment affecting department employees.
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 recognized department employee group in
the county.
(b) The meet and confer team represents all department
employees in the county and shall negotiate with the county in an
effort to reach an agreement on concerns shared by the employees
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 employees 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 paid by the department employee group.
(e) A county may designate one or more persons to meet and
confer on the entity'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 department employees,
excluding each person exempt from the civil service system as
provided by Section 158.038, that requests recognition of the meet
and confer team as the sole and exclusive bargaining agent for all
the department employees of the county, 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; or
(2) order a certification election under Section
162.005 to determine whether the meet and confer team represents a
majority of department employees.
(b) If a commissioners court orders a certification
election under Subsection (a)(2) and the meet and confer team is
certified to represent a majority of department employees, the
court shall, not later than the 30th day after the date that results
of that election are certified, 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.
Sec. 162.005. CERTIFICATION ELECTION. (a) Except as
provided by Subsection (b), a certification election ordered under
Section 162.004(a)(2) to determine whether the meet and confer team
represents a majority of department employees 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) The meet and confer team is liable for the expenses of
the certification election.
Sec. 162.006. WITHDRAWAL OF RECOGNITION. (a) Department
employees 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 department employees stating:
(1) whether the employees wish to withdraw recognition
of the meet and confer team; and
(2) whether the employees wish to certify a new meet
and confer team.
(b) The commissioners court shall order a certification
election in accordance with Section 162.005 regarding whether to do
so.
(c) If a replacement meet and confer team is requested under
Subsection (a)(2), a certification election held in accordance with
Section 162.005 shall be held to determine whether the new meet and
confer team will be recognized, and that certification election may
be held simultaneously with the certification election required
under Subsection (b).
(d) The meet and confer team that seeks to be recognized is
liable for the expenses of the certification election.
(e) If a majority of department employees vote to have the
recognition of a meet and confer team withdrawn, the county shall
withdraw recognition of the meet and confer team.
Sec. 162.007. RECOGNITION OF MEET AND CONFER TEAM. (a) 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
department employees, excluding the employees exempt under
Subsection (b), in accordance with this chapter and the petition.
(b) For the purposes of Subsection (a), exempt employees
are:
(1) persons exempt from the civil service system as
provided by Section 158.038; or
(2) persons exempted by mutual agreement between the
sheriff's department and the department employee group.
(c) The county shall recognize the meet and confer team
until recognition of the meet and confer team is withdrawn in
accordance with Section 162.006 by a majority of department
employees who are eligible to sign a petition for recognition.
Sec. 162.008. 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 department employees 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) Department employees may not engage in strikes against
this state or a political subdivision of this state. A department
employee who participates in a strike forfeits all civil service
rights, reemployment rights, and any other rights, benefits, or
privileges the employee 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 department employee from conferring with members of the
commissioners court or sheriff's department about conditions,
compensation, rights, privileges, or obligations of employment.
Sec. 162.009. PAYROLL DUES DEDUCTIONS. The county may not
prevent automatic payroll deductions for dues paid to a department
employee group that has been recognized as a meet and confer team.
Sec. 162.010. RECORDS AND MEETINGS. (a) An agreement made
under this chapter and any document prepared and used by the county
in connection with the agreement, except for materials created
during a commissioners court executive session and notes that are
otherwise confidential, are subject to disclosure under Chapter
552, Government Code, but only after the agreement is ratified by
the 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. 162.011. 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, the department employee group, and the department
employees covered by the agreement if:
(1) the commissioners court ratified the agreement by
a majority vote; and
(2) the agreement is ratified under Section 162.012.
(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. 162.012. 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 the
members of the meet and confer team.
(b) All department employees 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 department employee who is not a member of a
department employee group may be assessed a fee for any cost
associated with casting the employee's vote.
(e) The meet and confer team by unanimous consensus shall
establish procedures for the election.
(f) The meet and confer team is liable for the expenses of
the election.
Sec. 162.013. 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 department employees under
Section 162.012, 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 call an election to determine whether to
repeal the agreement.
(c) An election called under Subsection (b) 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
employees of the sheriff's department of __________ (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. 162.014. EFFECT ON EXISTING BENEFITS AND RIGHTS.
(a) This chapter may not be construed to repeal any existing
benefit provided by statute or ordinance concerning department
employees' 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 department employee to
endorse or dissent from any agreement.
SECTION 2. This Act takes effect September 1, 2025.