HBA-JEK H.B. 2972 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2972
By: Talton
Urban Affairs
7/9/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the Houston Police Department did not have
the ability to replace an employment negotiations bargaining agent even if
a majority of its police officers chose to do so.  House Bill 2972 provides
for the election and recognition of a police officer bargaining group in a
municipality with a population of 1.5 million or more upon petition by the
police officers. 

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

House Bill 2972 amends the Local Government Code to authorize a public
employer of a municipality of 1.5 million or more that has not adopted The
Fire and Police Employee Relations Act to recognize a police employee group
as the sole exclusive bargaining agent for the municipality's police
officers if the employee group submits a petition.  The petition must be
signed by 40 percent of the municipality's paid police officers or 40
percent of the number of officers who voted in the last election to ratify
an agreement between the public employer and the bargaining team.
Recognition of a police employee group may be withdrawn by a majority of
represented police officers.  The bill excludes the police department head
and assistant department heads from being represented by a bargaining
agent.  The bill 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 (Secs.
143.352-143.354). 

H.B. 2972 specifies that the petition must be submitted to the municipal
secretary not later than the 60th day afer the first date on which a police
officer signs the petition.  The bill requires the municipal secretary to
verify the petition signatures within 30 days after the  submission of the
petition and if the petition complies with the bill to call an election to
be conducted within 45 days.  The bill sets forth provisions regarding the
conduct of the election (Sec. 143.354). 

H.B. 2972 excludes pension benefits from the benefits that a bargaining
agent may negotiate with the municipality (Sec. 143.352).  The bill repeals
provisions regarding majority bargaining agents (SECTION 11). 

EFFECTIVE DATE

September 1, 2001.