HBA-NMO H.B. 1201 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1201 By: Garcia Urban Affairs 4/20/1999 Introduced BACKGROUND AND PURPOSE Current law prohibits the City of Dallas from executing a contract agreement with the city's police officers. H.B. 1201 currently applies only to the City of Dallas. This bill authorizes the determination of the wages, assistance, benefits, working conditions, and other terms of municipal employment for the city's police officers by an agreement between the city and the bargaining agent for the city's police officers. This bill also prohibits the city's police officers from engaging in strikes or organized work stoppages. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 141, Local Government Code, is amended by adding Subchapter C to read as follows: SUBCHAPTER C. POLICE OFFICER EMPLOYMENT AGREEMENTS IN CERTAIN MUNICIPALITIES Sec. 141.101. APPLICABILITY. Provides that this subchapter applies only to a municipality that has a population of one million or more, and has not voted to adopt Chapter 143 (Municipal Civil Service) or 174 (Fire and Police Employee Relations). Sec. 141.102. DEFINITIONS. Defines "association" and "public employer." Sec. 141.103. GENERAL PROVISIONS RELATING TO AGREEMENTS AND STRIKES. (a) Authorizes the determination of the wages, assistance, benefits, working conditions, and other terms of municipal employment for a municipality's police officers by an agreement between a public employer and the bargaining agent for police officers in the municipality. Provides that an agreement must be in writing to be enforceable. (b) Provides that a municipality and the bargaining agent are not required by this subchapter to meet and confer on any issue and are not required to reach an agreement. (c) Authorizes a public employer to meet and confer only if an association recognized under this subchapter as the sole and exclusive bargaining agent does not advocate the illegal right to strike by public employees. (d) Prohibits police officers of a municipality from engaging in strikes or organized work stoppages against this state or a political subdivision of this state. Provides that a police officer who participates in a strike or organized work stoppage 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. Sec. 141.104. RECOGNITION OF ASSOCIATION AS BARGAINING AGENT. (a) Requires that an association submitting a petition signed by a majority of the police officers employed by the municipality, excluding the head of the department and assistant department heads in the rank or classification immediately below that of the department head, be recognized by the public employer as the sole and exclusive bargaining agent for all of the police officers entitled to sign the petition until recognition of the association is withdrawn by a majority of those police officers. (b) Requires the resolution of whether an association represents a majority of the police officers entitled to sign the petition under Subsection (a) by a fair election conducted according to procedures agreeable to the parties. Authorizes either party, if the parties are unable to agree on procedures, to request the American Arbitration Association to conduct the election and to certify the results. Provides that certification of the results of an election resolves the question concerning representation. Provides that the association is liable for the expenses of the election, except that if two or more associations seeking recognition as the bargaining agent submit petitions signed by a majority of the police officers entitled to sign the petition under Subsection (a), this provision requires associations to share equally the costs of the election. Sec. 141.105. OPEN RECORDS REQUIRED. Provides that all documents relating to an agreement between an association and a public employer are available to the public in accordance with any applicable state statutes. Sec. 141.106. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a) Provides that a written agreement made under this subchapter between a public employer and an association recognized as the sole and exclusive bargaining agent is enforceable and binding on the public employer, the association recognized as the sole and exclusive bargaining agent, and all police officers entitled to sign a petition under Section 141.104(a) if the municipality's governing body ratified the agreement; and the association ratified the agreement by conducting a secret ballot election at which only police officers of the municipality in the association were eligible to vote, and a majority of the votes cast at the election favored ratifying the agreement. (b) Provides that 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 under Subsection (a). Authorizes the court to issue proper restraining orders, temporary and permanent injunctions, and any other writ, order, or process, including contempt orders, that are appropriate to enforcing the written agreement ratified under Subsection (a). Sec. 141.107. CONFLICTING PROVISIONS. (a) Provides that a written agreement under this subchapter preempts all contrary local ordinances, executive orders, civil service provisions, or rules adopted by a municipality or a political subdivision or agent of a municipality, such as a personnel board or a civil service commission. (b) Prohibits an agreement under this subchapter from diminishing or qualifying any right, benefit, or privilege of an employee under a local ordinance or other local law unless approved by a majority of the votes cast at the secret ballot election held by the association to ratify the agreement under Section 141.006. (c) Prohibits an agreement from interfering with the right of a police officer to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Commission on Human Rights or the United States Equal Employment Opportunity Commission or to pursue affirmative action litigation. (d) Provides that a matter that is not covered by an agreement ratified under Section 141.006 remains covered by any applicable local civil service provision, local ordinance, or other local law. Sec. 141.108. REPEAL. (a) Provides that the governing of a municipality, if, not later than 45 days after the date the agreement is ratified by the municipality and the association recognized as the sole and exclusive bargaining agent, the voters submit a petition to the municipal secretary signed by a number of voters equal to ten percent of the votes cast at the most recent mayoral election in the municipality, must vote to repeal the agreement; or call an election of the registered qualified voters in the municipality to vote on whether to repeal the agreement. (b) Provides that an election under this section must be held during the next regularly scheduled municipal general election or at a special election called by the governing body of the municipality. Repeals this agreement if a majority of votes in the election are in favor of repeal. (c) Requires that the ballot at an election under this section be printed to provide for voting for or against the proposition: "Repeal of the adoption of the agreement ratified by the municipality and the police officers of the municipality concerning wages, salaries, rates of pay, hours of work, and other terms of employment." SECTION 2. Amends Chapter 142, Local Government Code, by adding Section 142.001, as follows: Sec. 142.0011. APPLICABILITY. Provides that a provision of this chapter does not apply to police officers in a municipality if the municipality adopts an agreement under Subchapter C, Chapter 141, regarding the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of police officers and the agreement addresses the matter addressed by the provision. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.