HBA-JEK C.S.H.B. 1951 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1951
By: Farrar
Urban Affairs
4/3/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

The City of Houston has not adopted the provisions for municipal civil
service which would enable peace officers who work for the Metropolitan
Transit Authority of Harris County to meet and confer with their employer
through their peace officer association.  C.S.H.B. 1951 establishes
provisions to enable a peace officer association and a rapid transit
authority in a municipality of 1.5 million or more to meet and confer on
and ratify an agreement regarding peace officer employment. 

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. 

ANALYSIS

C.S.H.B. 1951 amends the Transportation Code to establish provisions for
local control of peace officer employment matters that apply to a  rapid
transit authority in which the principal municipality has a population of
more than 1.5 million (authority).  The bill prohibits an authority from
being denied local control over the wages, salaries, rates of pay, hours of
work, or terms and conditions of a peace officer's employment to the extent
that the authority that establishes these terms and conditions and the
association recognized as the sole and exclusive bargaining agent
(association) have a written agreement.  The bill does not require an
authority or an association to meet and confer on any issue or reach an
agreement. 

C.S.H.B. 1951 requires the authority's chief executive officer or the
officer's designee to select a group of persons to be the bargaining agent
for issues related to the authority's employment of peace officers. The
bill authorizes the authority and the association to meet and confer only
if the peace officer's association does not advocate the illegal right to
strike by public employees.  The bill sets forth provisions regarding the
recognition of a peace officer's association and prohibits a peace officer
of an authority from engaging in a strike or organized work stoppage
against this state or a political subdivision of this state.   

C.S.H.B. 1951 provides that a proposed agreement or any related documents
are public information only after the agreement is ratified by the
governing body of an authority.  The bill establishes that an agreement is
enforceable and binding on the authority, the recognized association, and
the peace officers covered by the agreement only if the authority's
governing body and the recognized association both ratify the agreement in
the manner described in the bill.  The bill provides that an agreement may
establish a procedure by which the parties agree to resolve disputes
related to the agreement.  The bill grants jurisdiction over disputes under
a ratified agreement to the state district court of the judicial district
in which the majority of the territory within the corporate limits of the
principal municipality in the authority is located.  
C.S.H.B. 1951 specifies that a written agreement ratified under these
provisions preempts all contrary state statutes, local ordinances,
executive orders, civil service provisions, and rules adopted by the state,
the authority, another political subdivision, or a division or agent of an
authority or political subdivision.  The bill prohibits an agreement
ratified under these provisions from interfering with the right of a member
of a bargaining unit to pursue affirmative action litigation or to pursue
allegations of discrimination with the Commission on Human Rights or the
federal Equal Employment Opportunity Commission. 
 
The bill sets forth provisions for the repeal of an agreement by petition
within 60 days after the agreement's ratification or through a special or
general election.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1951 differs from the original bill by setting forth provisions
for the repeal of an agreement between a peace officer association and a
rapid transit authority regarding peace officer employment.  The substitute
specifies that a written agreement under the provisions of the bill
preempts all contrary rules adopted by the state.