HBA-LCA H.B. 3375 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3375
By: Talton
Urban Affairs
4/3/1999
Introduced



BACKGROUND AND PURPOSE

When the Houston Police Department's Meet and Confer Law was enacted in
1997, it provided for only the election of a collective bargaining agent,
not for the agent's replacement.  H.B. 3375 provides for the election or
replacement of a collective bargaining agent by Houston police officers by
a procedure identical to that currently used by Houston fire fighters. 

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 Section 143.352, Local Government Code, as follows:

Sec.143.352.  Definitions.  

(1)  Defines "majority bargaining agent" as "bargaining agent."  

(2)  Includes "benefits" among the issues over which a police employee
group may deal with a municipality. 

SECTION 2. Makes no changes in Section 143.353, Local Government Code.

SECTION 3.  Amends Section 143.354, Local Government Code (Selection of
Majority Bargaining Agent), by deleting current text and adding new Section
143.354, as follows: 

Sec. 143.354.  RECOGNITION OF POLICE OFFICERS ASSOCIATION.  (a)  Provides
that a municipal public employer may recognize an association as sole
bargaining agent if it has submitted a petition signed by a majority of the
municipality's covered officers (officers), excluding certain specified
positions and ranks.  Provides that recognition ends upon its withdrawal by
a majority of officers. 

(b)  Provides for an election to resolve whether an association is the
majority representative of  officers.  Provides that if parties are unable
to agree on procedures for a fair election, either party may request that
the American Arbitration Association conduct the election and certify its
results. Provides that such certification resolves a representation
question under this subsection.  Requires the association, or associations,
to pay the cost of the election. 

(c)  Requires the public employer's chief executive officer to designate a
team to represent the public employer as sole and exclusive bargaining
agent for issues related to the police department. 

SECTION 4.  Repealer:  Section 143.355, Local Government Code (Election of
Majority Bargaining Agent). 

 SECTION 5.  Repealer:  Section 143.356, Local Government Code (Bargaining
Team; Negotiations). 

SECTION 6.  Makes no changes in Section 143.357, Local Government Code.

SECTION 7.  Makes no changes in Section 143.358, Local Government Code.

SECTION 8.  Makes no changes in Section 143.359, Local Government Code.

SECTION 9. Amends Sections 143.360(a)-(d), Local Government Code, to make
conforming changes. 

SECTION 10.  Effective date: September 1, 1999.

SECTION 11.  Emergency clause.