Bill Text: TX HB3610 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to local control of the employment matters of officers of the sheriff's department in certain counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-12 - Left pending in committee [HB3610 Detail]
Download: Texas-2019-HB3610-Introduced.html
86R5174 JCG-F | ||
By: Walle | H.B. No. 3610 |
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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. |