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.