Bill Text: TX SB1295 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to separate negotiations regarding employment matters for police officers and firefighters in certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-18 - Referred to Intergovernmental Relations [SB1295 Detail]
Download: Texas-2015-SB1295-Introduced.html
84R11561 PAM-F | ||
By: West | S.B. No. 1295 |
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relating to separate negotiations regarding employment matters for | ||
police officers and firefighters in certain municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 147, Local Government | ||
Code, is amended to read as follows: | ||
CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER [ |
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EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE | ||
MILLION OR MORE | ||
SECTION 2. Sections 147.003(a), (b), (c), and (d), Local | ||
Government Code, are amended to read as follows: | ||
(a) A meet and confer team is created under this section and | ||
consists of [ |
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groups in the municipality, provided each group may appoint only | ||
one firefighter of the municipality to serve as a member of the team | ||
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(b) The meet and confer team represents all firefighters | ||
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the municipality in an effort to reach an agreement on concerns | ||
shared by the firefighters [ |
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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 firefighters [ |
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municipality 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 firefighter [ |
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independent of the meet and confer team. | ||
(d) Expenses associated with the meet and confer team must | ||
be divided pro rata among each firefighter employee group [ |
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SECTION 3. Section 147.0031, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 147.0031. PETITION FOR RECOGNITION: ELECTION OR ACTION | ||
BY GOVERNING BODY. (a) Not later than the 30th day after the date | ||
the governing body of a municipality receives from the meet and | ||
confer team a petition signed by a majority of all [ |
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[ |
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excluded employees as described by Section 147.0035(b), that | ||
requests recognition of the meet and confer team as the sole and | ||
exclusive bargaining agent for all the [ |
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firefighters employed by the municipality, excluding the head of | ||
the [ |
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other excluded employees as described by Section 147.0035(b), the | ||
governing body shall: | ||
(1) grant recognition of the meet and confer team as | ||
requested in the petition and determine by majority vote that the | ||
municipality may meet and confer under this chapter without | ||
conducting an election by the voters in the municipality under | ||
Section 147.0033; | ||
(2) defer granting recognition of the meet and confer | ||
team and order an election by the voters in the municipality under | ||
Section 147.0033 regarding whether the municipality may meet and | ||
confer under this chapter; or | ||
(3) order a certification election under Section | ||
147.0032 to determine whether the employee groups in the meet and | ||
confer team represent a majority of the covered [ |
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(b) If the governing body of a municipality 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 [ |
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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 municipality may meet and confer under this chapter | ||
without conducting an election by the voters in the municipality | ||
under Section 147.0033; or | ||
(2) defer granting recognition of the meet and confer | ||
team and order an election by the voters in the municipality under | ||
Section 147.0033 regarding whether a public employer may meet and | ||
confer under this chapter. | ||
SECTION 4. Section 147.0032(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (b), a certification | ||
election ordered under Section 147.0031(a)(3) to determine whether | ||
the employee groups in the meet and confer team represent a majority | ||
of the covered [ |
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firefighters shall be conducted according to procedures agreeable | ||
to the parties. | ||
SECTION 5. Section 147.0033(c), Local Government Code, is | ||
amended to read as follows: | ||
(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 municipality) | ||
to operate under the state law allowing a municipality to meet and | ||
confer and make agreements with the meet and confer team | ||
representing municipal [ |
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provided by state law, preserving the prohibition against strikes | ||
and organized work stoppages, and providing penalties for strikes | ||
and organized work stoppages." | ||
SECTION 6. Section 147.0034(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The [ |
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recognition of the meet and confer team granted under this chapter | ||
by filing with the governing body of the municipality a petition | ||
signed by a majority of all covered [ |
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SECTION 7. Section 147.0035, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 147.0035. RECOGNITION OF MEET AND CONFER TEAM. (a) A | ||
public employer in a municipality that chooses to meet and confer | ||
under this chapter shall recognize the meet and confer team that is | ||
recognized under Section 147.0031 or 147.0033 as the sole and | ||
exclusive bargaining agent for the [ |
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firefighters, excluding the head of the [ |
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(b), in accordance with this chapter and the petition. | ||
(b) For the purposes of Subsection (a), exempt employees are | ||
employees appointed by the head of the [ |
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department in the classification immediately below that of | ||
department head or that are exempt by the mutual agreement of the | ||
meet and confer team and the municipality. | ||
(c) The municipality shall recognize the meet and confer | ||
team until recognition of the meet and confer team is withdrawn in | ||
accordance with Section 147.0034 by a majority of the [ |
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sign a petition for recognition. | ||
SECTION 8. Sections 147.004(a), (c), and (d), Local | ||
Government Code, are amended to read as follows: | ||
(a) A municipality 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 | ||
municipality and the meet and confer team recognized under Section | ||
147.0031 or 147.0033 as the sole and exclusive bargaining agent for | ||
the covered [ |
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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 shall be written. Nothing in | ||
this chapter requires either party to meet and confer on any issue | ||
or reach an agreement. | ||
(c) Firefighters [ |
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may not engage in strikes against this state or a political | ||
subdivision of this state. A firefighter [ |
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participates in a strike forfeits all civil service rights, | ||
reemployment rights, and any other rights, benefits, or privileges | ||
the firefighter [ |
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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 municipality. However, this | ||
section does not prohibit a firefighter [ |
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conferring with members of the municipal governing body about | ||
conditions, compensation, rights, privileges, or obligations of | ||
employment. | ||
SECTION 9. Section 147.005, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 147.005. PAYROLL DUES DEDUCTIONS. The municipality | ||
may not prevent automatic payroll deductions for dues paid to a | ||
firefighter employee group [ |
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SECTION 10. Section 147.007(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A written agreement made under this chapter between a | ||
municipality and the meet and confer team is enforceable and | ||
binding on the municipality, the meet and confer team, firefighter | ||
employee groups, [ |
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firefighters [ |
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(1) the municipality's governing body ratified the | ||
agreement by a majority vote; and | ||
(2) the agreement is ratified under Section 147.008. | ||
SECTION 11. Sections 147.008(b) and (d), Local Government | ||
Code, are amended to read as follows: | ||
(b) All firefighters [ |
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municipality are eligible to vote in the election. | ||
(d) A firefighter [ |
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a firefighter employee group [ |
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may be assessed a fee for any cost associated with casting the | ||
firefighter's [ |
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SECTION 12. Section 147.009(d), Local Government Code, is | ||
amended to read as follows: | ||
(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 municipality) | ||
to continue to operate under the state law allowing a municipality | ||
to meet and confer and make agreements with the meet and confer team | ||
representing municipal [ |
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provided by state law, preserving the prohibition against strikes | ||
and organized work stoppages, and providing penalties for strikes | ||
and organized work stoppages." | ||
SECTION 13. Chapter 147, Local Government Code, is amended | ||
by adding Section 147.0091 to read as follows: | ||
Sec. 147.0091. TEMPORARY PROVISION: ACTION TO WITHDRAW | ||
RECOGNITION OF POLICE OFFICER AND FIREFIGHTER MEET AND CONFER TEAM | ||
UNDER THIS CHAPTER. (a) Notwithstanding Sections 147.009(b) | ||
through (g), the governing body of a municipality that granted | ||
recognition of a meet and confer team as the sole and exclusive | ||
bargaining agent of all police officers and firefighters under | ||
Section 147.0031 before September 1, 2015, shall, not later than | ||
September 30, 2015, withdraw recognition of the meet and confer | ||
team by providing to the meet and confer team written notice that: | ||
(1) pursuant to __.B. No. __, Acts of the 84th | ||
Legislature, Regular Session, 2015, the governing body is | ||
withdrawing recognition of the meet and confer team; and | ||
(2) any agreement between the governing body and the | ||
meet and confer team will not be renewed. | ||
(b) This section expires September 1, 2025. | ||
SECTION 14. Sections 147.010(a) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(a) Not later than the 60th day after the date a meet and | ||
confer agreement is ratified by the governing body of the | ||
municipality and the firefighters [ |
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Section 147.008, a petition calling for the repeal of the agreement | ||
signed by a number of registered voters residing in the | ||
municipality equal to at least 10 percent of the votes cast at the | ||
most recent general election held in the municipality may be | ||
presented to the person charged with ordering an election under | ||
Section 3.004, Election Code. | ||
(c) An election called under Subsection (b)(2) may be held | ||
as part of the next regularly scheduled general election for the | ||
municipality. 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 __________ (name of the governing body of the municipality) and | ||
the [ |
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__________ (name of municipality) concerning wages, salaries, | ||
rates of pay, hours of work, and other terms of employment." | ||
SECTION 15. Section 147.011, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 147.011. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a) | ||
This chapter may not be construed to repeal any existing benefit | ||
provided by statute or ordinance concerning [ |
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firefighters' 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 firefighter [ |
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SECTION 16. Subtitle A, Title 5, Local Government Code, is | ||
amended by adding Chapter 148 to read as follows: | ||
CHAPTER 148. LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS IN | ||
CERTAIN MUNICIPALITIES WITH POPULATION OF ONE MILLION OR MORE | ||
Sec. 148.001. APPLICABILITY. This chapter applies only to | ||
a municipality with a population of one million or more, but does | ||
not apply to a municipality that has adopted Chapter 143 or 174. | ||
Sec. 148.002. DEFINITIONS. In this chapter: | ||
(1) "Police officer" means a sworn police officer | ||
employed by the municipality who is covered by the municipality's | ||
police pension plan and is classified by the municipality as | ||
nonexempt. The term does not include a police officer with a rank | ||
above that of captain, a civilian, or a municipal marshal. | ||
(2) "Police officer employee group" means an | ||
organization: | ||
(A) in which, on or before September 1, 2007, at | ||
least three percent of the police officers of the municipality 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 municipality concerning grievances, labor | ||
disputes, wages, rates of pay, hours of employment, or conditions | ||
of employment affecting police officers. | ||
Sec. 148.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) A | ||
meet and confer team is created under this section and consists of | ||
members representing the police officer employee groups in the | ||
municipality, provided each group may appoint only one police | ||
officer of the municipality to serve as a member of the team. | ||
(b) The meet and confer team represents all police officers | ||
in the municipality and shall negotiate with the municipality in an | ||
effort to reach an agreement on concerns shared by the police | ||
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 police officers | ||
of the municipality in the capacity described by this subsection, | ||
except that the team may be accompanied by a representative of the | ||
team's choosing to assist with the negotiation process. | ||
(c) Concerns relating to affirmative action, employment | ||
discrimination, hiring, and promotions may be discussed by | ||
individual police 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 police officer employee group based | ||
on the number of sworn police department members represented by | ||
each group. | ||
(e) A municipality may designate one or more persons to meet | ||
and confer on the municipality's behalf. | ||
Sec. 148.0031. PETITION FOR RECOGNITION: ELECTION OR ACTION | ||
BY GOVERNING BODY. (a) Not later than the 30th day after the date | ||
the governing body of a municipality receives from the meet and | ||
confer team a petition signed by a majority of all police officers, | ||
excluding the head of the police department and other excluded | ||
employees as described by Section 148.0035(b), that requests | ||
recognition of the meet and confer team as the sole and exclusive | ||
bargaining agent for all the police officers employed by the | ||
municipality, excluding the head of the police department and other | ||
excluded employees as described by Section 148.0035(b), the | ||
governing body shall: | ||
(1) grant recognition of the meet and confer team as | ||
requested in the petition and determine by majority vote that the | ||
municipality may meet and confer under this chapter without | ||
conducting an election by the voters in the municipality under | ||
Section 148.0033; | ||
(2) defer granting recognition of the meet and confer | ||
team and order an election by the voters in the municipality under | ||
Section 148.0033 regarding whether the municipality may meet and | ||
confer under this chapter; or | ||
(3) order a certification election under Section | ||
148.0032 to determine whether the employee groups in the meet and | ||
confer team represent a majority of the covered police officers. | ||
(b) If the governing body of a municipality 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 police officers, the governing | ||
body 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 municipality may meet and confer under this chapter | ||
without conducting an election by the voters in the municipality | ||
under Section 148.0033; or | ||
(2) defer granting recognition of the meet and confer | ||
team and order an election by the voters in the municipality under | ||
Section 148.0033 regarding whether a public employer may meet and | ||
confer under this chapter. | ||
Sec. 148.0032. CERTIFICATION ELECTION. (a) Except as | ||
provided by Subsection (b), a certification election ordered under | ||
Section 148.0031(a)(3) to determine whether the employee groups in | ||
the meet and confer team represent a majority of the covered police | ||
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. 148.0033. ELECTION TO AUTHORIZE OPERATING UNDER THIS | ||
CHAPTER. (a) The governing body of a municipality that receives a | ||
petition for recognition under Section 148.0031 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 municipal | ||
officials that is held after the date the governing body of the | ||
municipality 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 municipality) to operate under | ||
the state law allowing a municipality to meet and confer and make | ||
agreements with the meet and confer team representing municipal | ||
police 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 municipality 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 governing body of the municipality under Section 148.0031 | ||
before the second anniversary of the date of the election. | ||
Sec. 148.0034. WITHDRAWAL OF RECOGNITION. (a) The police | ||
officers may withdraw the recognition of the meet and confer team | ||
granted under this chapter by filing with the governing body of the | ||
municipality a petition signed by a majority of all covered police | ||
officers. | ||
(b) The governing body of the municipality may: | ||
(1) withdraw recognition as provided by the petition; | ||
or | ||
(2) order a certification election in accordance with | ||
Section 148.0032 regarding whether to do so. | ||
Sec. 148.0035. RECOGNITION OF MEET AND CONFER TEAM. (a) A | ||
public employer in a municipality that chooses to meet and confer | ||
under this chapter shall recognize the meet and confer team that is | ||
recognized under Section 148.0031 or 148.0033 as the sole and | ||
exclusive bargaining agent for the police officers, excluding the | ||
head of the police department 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 head of the police department in the | ||
classification immediately below that of department head or that | ||
are exempt by the mutual agreement of the meet and confer team and | ||
the municipality. | ||
(c) The municipality shall recognize the meet and confer | ||
team until recognition of the meet and confer team is withdrawn in | ||
accordance with Section 148.0034 by a majority of the police | ||
officers who are eligible to sign a petition for recognition. | ||
Sec. 148.004. GENERAL PROVISIONS RELATING TO AGREEMENTS, | ||
RECOGNITION, AND STRIKES. (a) A municipality 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 municipality and the meet and confer team recognized | ||
under Section 148.0031 or 148.0033 as the sole and exclusive | ||
bargaining agent for the covered police 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 shall be written. Nothing in | ||
this chapter requires either party to meet and confer on any issue | ||
or reach an agreement. | ||
(b) A municipality may meet and confer only if the meet and | ||
confer team does not advocate the illegal right to strike by public | ||
employees. | ||
(c) Police officers of a municipality may not engage in | ||
strikes against this state or a political subdivision of this | ||
state. A police officer who participates in a strike forfeits all | ||
civil service rights, reemployment rights, and any other rights, | ||
benefits, or privileges the police 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 municipality. However, this | ||
section does not prohibit a police officer from conferring with | ||
members of the municipal governing body about conditions, | ||
compensation, rights, privileges, or obligations of employment. | ||
Sec. 148.005. PAYROLL DUES DEDUCTIONS. The municipality | ||
may not prevent automatic payroll deductions for dues paid to a | ||
police officer employee group. | ||
Sec. 148.006. 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 municipality in connection with the agreement, except | ||
for materials created during a municipality'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 municipality in connection with the agreement. | ||
Sec. 148.007. ENFORCEABILITY OF AGREEMENT. (a) A written | ||
agreement made under this chapter between a municipality and the | ||
meet and confer team is enforceable and binding on the | ||
municipality, the meet and confer team, police officer employee | ||
groups, and the police officers covered by the agreement if: | ||
(1) the municipality's governing body ratified the | ||
agreement by a majority vote; and | ||
(2) the agreement is ratified under Section 148.008. | ||
(b) A state district court of the judicial district in which | ||
a majority of the population of the municipality 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. 148.008. ELECTION TO RATIFY AGREEMENT. (a) The meet | ||
and confer team shall call an election to ratify any agreement | ||
reached with the municipality if the agreement has been approved by | ||
a unanimous vote of the members of the meet and confer team. | ||
(b) All police officers of the municipality are eligible to | ||
vote in the election. | ||
(c) An agreement may be ratified under this section only if | ||
at least 50 percent of the votes cast in the election favor the | ||
ratification. | ||
(d) A police officer who is not a member of a police officer | ||
employee group may be assessed a fee for any cost associated with | ||
casting the police officer's vote. | ||
(e) The meet and confer team shall establish procedures for | ||
the election by unanimous consensus. | ||
Sec. 148.009. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO | ||
OPERATE UNDER THIS CHAPTER. (a) The governing body of a | ||
municipality that granted recognition of a meet and confer team | ||
under Section 148.0031 without conducting an election under Section | ||
148.0033 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 governing body is withdrawing recognition of | ||
the meet and confer team; and | ||
(2) any agreement between the governing body and the | ||
meet and confer team will not be renewed. | ||
(b) The governing body of a municipality that granted | ||
recognition of a meet and confer team after conducting an election | ||
under Section 148.0033 may order an election to determine whether a | ||
public employer may continue to meet and confer under this chapter. | ||
The governing body may not order an election under this subsection | ||
until the second anniversary of the date of the election under | ||
Section 148.0033. | ||
(c) An election ordered under Subsection (b) must be held as | ||
part of the next regularly scheduled general election for municipal | ||
officers that occurs after the date the governing body of the | ||
municipality 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 municipality) to continue to | ||
operate under the state law allowing a municipality to meet and | ||
confer and make agreements with the meet and confer team | ||
representing municipal police 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 | ||
municipality 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 governing body of the municipality under Section 148.0031 | ||
before the second anniversary of the date of the election. | ||
Sec. 148.010. ELECTION TO REPEAL AGREEMENT. (a) Not later | ||
than the 60th day after the date a meet and confer agreement is | ||
ratified by the governing body of the municipality and the police | ||
officers under Section 148.008, a petition calling for the repeal | ||
of the agreement signed by a number of registered voters residing in | ||
the municipality equal to at least 10 percent of the votes cast at | ||
the most recent general election held in the municipality 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 | ||
governing body of the municipality shall: | ||
(1) repeal the meet and confer agreement; or | ||
(2) certify that the governing body 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 | ||
municipality. 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 | ||
__________ (name of the governing body of the municipality) and the | ||
police officers employed by the City of __________ (name of | ||
municipality) 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. 148.011. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a) | ||
This chapter may not be construed to repeal any existing benefit | ||
provided by statute or ordinance concerning police 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 police officer to endorse or | ||
dissent from any agreement. | ||
SECTION 17. Sections 147.002(3) and (4), Local Government | ||
Code, are repealed. | ||
SECTION 18. This Act takes effect September 1, 2015. |