Bill Text: TX HB3276 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the right of sheriff's departments in certain counties to maintain local control over wages, hours, and other terms and conditions of employment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-07 - Left pending in committee [HB3276 Detail]
Download: Texas-2011-HB3276-Introduced.html
82R8216 SLB-F | ||
By: Coleman | H.B. No. 3276 |
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relating to the right of sheriff's departments in certain counties | ||
to maintain local control over wages, hours, and other terms and | ||
conditions of employment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 158, Local Government Code, is amended | ||
by adding Subchapter C to read as follows: | ||
SUBCHAPTER C. LOCAL CONTROL OVER SHERIFF'S DEPARTMENT | ||
EMPLOYMENT MATTERS IN CERTAIN COUNTIES | ||
Sec. 158.101. APPLICABILITY. This subchapter applies only | ||
to a county with a population of more than four million. | ||
Sec. 158.102. DEFINITIONS. In this subchapter: | ||
(1) "Covered employee" means an employee of a county | ||
sheriff's department, other than an elected sheriff or other | ||
employee who is exempt under Section 158.013 or 158.038. | ||
(2) "Employee association" means an organization in | ||
which county employees pay dues to participate and that exists for | ||
the purpose, wholly or partly, of dealing with one or more | ||
employers, whether public or private, concerning grievances, labor | ||
disputes, wages, rates of pay, hours of employment, or conditions | ||
of work affecting covered employees. | ||
(3) "Public employer" means any county sheriff's | ||
department that is required to establish the wages, salaries, rates | ||
of pay, hours, working conditions, and other terms and conditions | ||
of employment of employees of the sheriff's department. The term | ||
may include, under appropriate circumstances, a county judge, | ||
county commissioner, sheriff, commissioners court, director of | ||
personnel, personnel board, or one or more other officials | ||
regardless of the name by which they are designated. | ||
Sec. 158.103. GENERAL PROVISIONS RELATING TO AGREEMENTS AND | ||
RECOGNITION. (a) A public employer may not be denied local control | ||
over wages, salaries, rates of pay, hours of work, other terms and | ||
conditions of employment, or other state-mandated personnel | ||
issues. A public employer may enter into a mutual agreement | ||
governing these issues with an employee association recognized | ||
under this subchapter as the sole and exclusive bargaining agent | ||
for all covered employees that does not advocate the illegal right | ||
to strike by county employees. The applicable statutes, local | ||
ordinances, and civil service rules govern a term or condition of | ||
employment on which the public employer and the association do not | ||
agree. | ||
(b) An agreement under this subchapter must be written. | ||
(c) This subchapter does not require the public employer and | ||
the recognized employee association to meet and confer on any issue | ||
or reach an agreement on any issue. | ||
Sec. 158.104. PETITION FOR RECOGNITION: ELECTION OR ACTION | ||
BY COMMISSIONERS COURT. (a) Not later than the 30th day after the | ||
date the commissioners court of a county receives from an employee | ||
association a petition signed by the majority of all covered | ||
employees that requests recognition of the association as the sole | ||
and exclusive bargaining agent for all the covered employees, the | ||
commissioners court shall: | ||
(1) grant recognition of the association as requested | ||
in the petition and find that a public employer may meet and confer | ||
under this subchapter without conducting an election by the voters | ||
in the county under Section 158.106; | ||
(2) defer granting recognition of the association and | ||
order an election by the voters in the county under Section 158.106 | ||
regarding whether a public employer may meet and confer under this | ||
subchapter; or | ||
(3) order a certification election under Section | ||
158.105 to determine whether the association represents a majority | ||
of the covered employees. | ||
(b) If the commissioners court of a county orders a | ||
certification election under Subsection (a)(3) and the employee | ||
association named in the petition is certified to represent a | ||
majority of the covered employees, the commissioners court shall, | ||
not later than the 30th day after the date that results of that | ||
election are certified: | ||
(1) grant recognition of the association as requested | ||
in the petition for recognition and find that a public employer may | ||
meet and confer under this subchapter without conducting an | ||
election by the voters in the county under Section 158.106; or | ||
(2) defer granting recognition of the association and | ||
order an election by the voters in the county under Section 158.106 | ||
regarding whether a public employer may meet and confer under this | ||
subchapter. | ||
Sec. 158.105. CERTIFICATION ELECTION. (a) Except as | ||
provided by Subsection (b), a certification election ordered under | ||
Section 158.104(a)(3) to determine whether an employee association | ||
represents a majority of the covered 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) The results of an election shall be certified if the | ||
employee association receives a majority of the valid votes cast in | ||
the election. | ||
(d) Certification of the results of an election under this | ||
section resolves the question concerning representation. | ||
(e) The employee association is liable for the expenses of | ||
the certification election, except that if two or more associations | ||
seeking recognition as the sole and exclusive bargaining agent | ||
submit a petition signed by at least 30 percent of the employees | ||
eligible to sign the petition for recognition, all the associations | ||
named in any petition shall share equally the costs of the election. | ||
Sec. 158.106. ELECTION TO AUTHORIZE OPERATING UNDER THIS | ||
SUBCHAPTER. (a) A commissioners court that receives a petition for | ||
recognition under Section 158.104 may order an election to | ||
determine whether a public employer may meet and confer under this | ||
subchapter. | ||
(b) An election ordered under this section must be held as | ||
part of the next regularly scheduled general election for county | ||
officials 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 association representing employees of the county sheriff's | ||
department 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 | ||
subchapter only if a majority of the votes cast at the election | ||
favor the proposition. | ||
(f) If an election authorized under this section is held, an | ||
employee association may not submit a petition for recognition to | ||
the commissioners court under Section 158.104 before the second | ||
anniversary of the date of the election. | ||
Sec. 158.107. CHANGE OR MODIFICATION OF RECOGNITION. (a) | ||
Covered employees may modify, change, or withdraw the recognition | ||
of the employee association granted under this subchapter by filing | ||
with the commissioners court a petition signed by a majority of all | ||
covered employees. | ||
(b) The commissioners court may: | ||
(1) recognize the modification, change, or withdrawal | ||
as provided by the petition; or | ||
(2) order a certification election in accordance with | ||
Section 158.105 regarding whether to do so. | ||
Sec. 158.108. STRIKES PROHIBITED. (a) A covered employee | ||
may not engage in a strike or organized work stoppage against this | ||
state or the county. | ||
(b) A covered employee who participates in a strike forfeits | ||
any civil service rights, reemployment rights, and other rights, | ||
benefits, or privileges the employee may have as a result of the | ||
employee's employment or prior employment with the county. | ||
(c) This section does not affect the right of a person to | ||
cease work if the person is not acting in concert with others in an | ||
organized work stoppage. | ||
Sec. 158.109. RECOGNITION OF EMPLOYEE ASSOCIATION. (a) A | ||
public employer in a county that chooses to meet and confer under | ||
this subchapter shall recognize an association that is recognized | ||
under Section 158.104 or 158.105 as the sole and exclusive | ||
bargaining agent for the covered employees. | ||
(b) The public employer shall recognize the employee | ||
association until recognition of the association is withdrawn, in | ||
accordance with Section 158.107, by a majority of the covered | ||
employees eligible to sign a petition for recognition. | ||
Sec. 158.110. SELECTION OF BARGAINING AGENT; BARGAINING | ||
UNIT. (a) The public employer's chief executive officer or the | ||
chief executive officer's designee shall select one or more persons | ||
to represent the public employer as its sole and exclusive | ||
bargaining agent to meet and confer on issues related to the wages, | ||
hours of employment, and other terms and conditions of employment | ||
of covered employees. | ||
(b) An employee association may designate one or more | ||
persons to negotiate or bargain on the association's behalf. | ||
(c) A county's bargaining unit is composed of all the | ||
covered employees. | ||
Sec. 158.111. PROTECTED RIGHTS OF EMPLOYEES. A meet and | ||
confer agreement ratified under this subchapter may not interfere | ||
with the right of a covered employee to pursue allegations of | ||
discrimination based on race, creed, color, national origin, | ||
religion, age, sex, or disability with the Texas Workforce | ||
Commission civil rights division or the federal Equal Employment | ||
Opportunity Commission or to pursue affirmative action litigation. | ||
Sec. 158.112. OPEN RECORDS. (a) A proposed meet and confer | ||
agreement and a document prepared and used by the county, including | ||
a public employer, in connection with the proposed agreement are | ||
available to the public under Chapter 552, Government Code, only | ||
after the agreement is ready to be ratified by the commissioners | ||
court of the county. | ||
(b) This section does not affect the application of | ||
Subchapter C, Chapter 552, Government Code, to a document prepared | ||
and used in connection with the agreement. | ||
Sec. 158.113. OPEN DELIBERATIONS. (a) Deliberations | ||
relating to a meet and confer agreement or proposed agreement under | ||
this subchapter between representatives of the public employer and | ||
representatives of the employee association recognized under this | ||
subchapter as the sole and exclusive bargaining agent for the | ||
covered employees must be open to the public and comply with state | ||
law. | ||
(b) Subsection (a) may not be construed to prohibit the | ||
representatives of the public employer or the representatives of | ||
the recognized employee association from conducting private | ||
caucuses that are not open to the public during meet and confer | ||
negotiations. | ||
Sec. 158.114. RATIFICATION AND ENFORCEABILITY OF | ||
AGREEMENT. (a) An agreement under this subchapter is enforceable | ||
and binding on the public employer, the recognized employee | ||
association, and the employees covered by the meet and confer | ||
agreement only if: | ||
(1) the commissioners court ratified the agreement by | ||
a majority vote; and | ||
(2) the recognized employee association ratified the | ||
agreement by conducting a secret ballot election at which the | ||
majority of the members of the employee association who voted in the | ||
election favored ratifying the agreement. | ||
(b) A meet and confer agreement ratified as described by | ||
Subsection (a) may establish a procedure by which the parties agree | ||
to resolve disputes related to a right, duty, or obligation | ||
provided by the agreement, including binding arbitration on a | ||
question involving interpretation of the agreement. | ||
(c) A state district court of a judicial district in which | ||
the county is located has jurisdiction to hear and resolve a dispute | ||
under the ratified meet and confer agreement on the application of a | ||
party to the agreement 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 the agreement. The court may issue proper | ||
restraining orders, temporary and permanent injunctions, or any | ||
other writ, order, or process, including contempt orders, that are | ||
appropriate to enforcing the agreement. | ||
Sec. 158.115. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO | ||
OPERATE UNDER THIS SUBCHAPTER. (a) The commissioners court of a | ||
county that granted recognition of an employee association under | ||
Section 158.104 without conducting an election under Section | ||
158.106 may withdraw recognition of the association by providing to | ||
the association not less than 90 days' written notice that: | ||
(1) the commissioners court is withdrawing | ||
recognition of the association; and | ||
(2) any agreement between the commissioners court and | ||
the association will not be renewed. | ||
(b) The commissioners court that granted recognition of an | ||
employee association after conducting an election under Section | ||
158.106 may order an election to determine whether a public | ||
employer may continue to meet and confer under this subchapter. The | ||
commissioners court may not order an election under this subsection | ||
until the second anniversary of the date of the election under | ||
Section 158.106. | ||
(c) An election ordered under Subsection (b) must be held as | ||
part of the next regularly scheduled general election for county | ||
officers 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 permit 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 association representing employees of the | ||
county sheriff's department 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 subchapter only if a | ||
majority of the votes cast at the election favor the proposition. | ||
(g) If an election ordered under Subsection (b) is held, an | ||
employee association may not submit a petition for recognition to | ||
the commissioners court under Section 158.104 before the second | ||
anniversary of the date of the election. | ||
Sec. 158.116. ELECTION TO REPEAL AGREEMENT. (a) Not later | ||
than the 45th day after the date a meet and confer agreement is | ||
ratified by the commissioners court and the recognized employee | ||
association, a petition calling for the repeal of the agreement | ||
signed by at least 10 percent of the qualified voters residing 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 it 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 or at a special election called by the commissioners court | ||
for that purpose. The ballot shall be printed to permit voting for | ||
or against the proposition: "Repeal the meet and confer agreement | ||
ratified on _____ (date agreement was ratified) by the __________ | ||
(name of the commissioners court of the county) and the _____ (name | ||
of the recognized county employee association) 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. 158.117. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. | ||
A written meet and confer agreement ratified under this subchapter | ||
preempts, during the term of the agreement and to the extent of any | ||
conflict, all contrary state statutes, local ordinances, executive | ||
orders, civil service provisions, or rules adopted by this state or | ||
a political subdivision or agent of this state, including a | ||
personnel board or civil service commission, other than a statute, | ||
ordinance, executive order, civil service provision, or rule | ||
regarding pensions or pension-related matters. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |