HBA-MPA S.B. 1539 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1539 By: Gallegos Urban Affairs 5/18/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Houston Police Department does not have the ability to replace a bargaining agent, relating to dealing with employment negotiations, should a majority of the police officers choose to do so. S.B. 1539 provides for the election and recognition of a police officer bargaining team in a municipality with a population of 1.5 million or more. This bill also provides that police department heads and assistant heads may not participate in negotiations with employers as part of such a team, and excludes pension benefits from the types of benefits that a police employee group may negotiate. 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 Sections 143.352(1) and (2), Local Government Code, to redefine "bargaining agent" to exclude the department head and assistant department head. Redefines "police employee group" to exclude pension benefits from the types of benefits that the group may negotiate. Makes a conforming change. SECTION 2. Amends Sections 143.353(a) and (b), Local Government Code, to make conforming changes. SECTION 3. Amends Section 143.354, Local Government Code, as follows: Sec. 143.354. RECOGNITION OF BARGAINING AGENT; APPOINTMENT OF PUBLIC EMPLOYER REPRESENTATIVE; REPRESENTATION OF POLICE EMPLOYEE GROUPS. (a) Authorizes a public employer, in accordance with this section, to recognize a police employee group that submits a petition signed by 40 percent of the number of police officers in the municipality who voted in the last election held under Section 143.360 (Election to Ratify Agreement), as the sole and exclusive bargaining agent for all of the police officers in the municipality, unless recognition of the police employee group is withdrawn by a majority of those police officers in accordance with this section. Authorizes the public employer to recognize a police employee group that submits a petition signed by 40 percent of the paid police officers in the municipality as the sole and exclusive bargaining agent for all of the police officers in the municipality unless recognition of the police employee group is withdrawn by a majority of those police officers in accordance with this section. Prohibits the department head and assistant department heads from signing the petition. Requires a fair election to be conducted to resolve the question of whether a police employee group represents a majority of the police officers in the municipality, excluding the department head and assistant department heads. (b) Provides that a petition submitted under Subsection (a) must clearly show on each page the name of the police employee group circulating the petition. Prohibits a police officer who signs a petition from being counted towards the 40 percent requirement unless the officer's printed name and payroll number and the date of the signature are included on the petition. Provides that the petition must be submitted to the municipal secretary not later than the 60th day after the first date on which an officer signs the petition. (c) Requires the municipal secretary to verify the signatures on the petition within 30 days after its submission, and, if it is in compliance with this section, call for the election, which is required to be held within 45 days after the date on which the municipal secretary calls for the election. (d) Requires an election required by this section to be conducted according to procedures agreed on by the parties. Provides that if parties are unable to agree on procedures for the election by the 15th day after the call for the election, the American Arbitration Association is required to conduct the election and certify its results. Provides that such certification resolves a representation question. (e) Requires all employee groups seeking recognition as the bargaining agent in the election to share equally all costs associated with conducting the election. Provides that a police employee group must make payments required by this subsection not later than the 10th day before the date on which the election begins. (f) Requires the public employer's chief executive officer to designate a team to represent the public employer as its sole and exclusive bargaining agent for issues related to the police department. Deletes the existing text of Section 143.354 (Selection of Majority Bargaining Agent). SECTION 4. Amends Section 143.357, Local Government Code, to make conforming changes. SECTION 5. Amends Section 143.358, Local Government Code, to make a conforming change. SECTION 6. Amends Section 143.359(a), Local Government Code, to make conforming changes. SECTION 7. Amends Section 143.360, Local Government Code, to make conforming changes. SECTION 8. Amends Sections 143.361(a) and (c), Local Government Code, to make conforming changes. SECTION 9. Amends Section 143.362, Local Government Code, to make conforming changes. SECTION 10. Amends Section 143.363(a), Local Government Code, to make a conforming change. SECTION 11. Repealer: Sections 143.355 (Election of Majority Bargaining Agent) and 143.356 (Bargaining Team; Negotiations), Local Government Code. SECTION 12. (a) Effective date: September 1, 1999. (b) Provides that the change in the law made by this Act does not affect the validity of an election held, agreement made, or action taken under Subchapter J ( Local Control of Police Officer Employment Matters in Municipalities with Population of 1.5 Million or More), Local Government Code before September 1, 1999. (c) Provides that a police employee group that is a majority bargaining agent as defined by Section 143.352, Local Government Code (Definitions) immediately before the effective date of this Act becomes the bargaining agent for the purposes of that section, as amended by this Act, on the effective date of this Act, and is considered the sole and exclusive bargaining agent under Section 143.354, Local Government Code, as amended by this Act, until another sole and exclusive bargaining agent is recognized in accordance with Section 143.354, Local Government Code. SECTION 13.Emergency clause.