HB3648 - Relating to local control of the employment matters of sheriff's department employees in certain counties.

  89R10140 JBD-D     By: Walle H.B. No. 3648       A BILL TO BE ENTITLED   AN ACT   relating to local control of the employment matters of sheriff's   department employees in certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 5, Local Government Code, is   amended by adding Chapter 162 to read as follows:   CHAPTER 162. LOCAL CONTROL OF EMPLOYMENT MATTERS OF SHERIFF'S   DEPARTMENT EMPLOYEES IN CERTAIN COUNTIES           Sec.   162.001.     APPLICABILITY. This chapter applies only to   a county with a population of 3.3 million or more, but does not   apply to a county that has adopted Chapter 174.           Sec. 162.002.  DEFINITIONS. In this chapter:                 (1)     "Department employee"   means an employee of a   sheriff's department.   The term does not include the sheriff.                 (2)     "Department employee group" means an   organization:                       (A)     in which, on or before September 1, 2025, at   least three percent of the employees of a sheriff's department for a   county have participated and paid dues via automatic payroll   deduction; and                       (B)     that exists for the purpose, in whole or in   part, of dealing with the county concerning grievances, labor   disputes, wages, rates of pay, hours of employment, or conditions   of employment affecting department employees.           Sec.   162.003.     MEET AND CONFER TEAM; NEGOTIATIONS. (a)     A   meet and confer team is created under this section and consists of   members representing the recognized department employee group in   the county.           (b)     The meet and confer team represents all department   employees in the county and shall negotiate with the county in an   effort to reach an agreement on concerns shared by the employees   regarding terms of employment, including concerns relating to   wages, benefits, and other working conditions but excluding   concerns relating to pensions. Only the meet and confer team   created under this section may represent the employees in the   capacity described by this subsection, except that the team may be   accompanied by legal counsel.           (c)     Concerns relating to affirmative action, employment   discrimination, hiring, and promotions may be discussed by   individual sheriff's officer associations independent of the meet   and confer team.           (d)     Expenses associated with the meet and confer team must   be paid by the department employee group.           (e)     A county may designate one or more persons to meet and   confer on the entity's behalf.           Sec.   162.004.     PETITION FOR RECOGNITION: ELECTION OR ACTION   BY GOVERNING BODY. (a)     Not later than the 30th day after the date   a commissioners court receives from the meet and confer team a   petition signed by a majority of all department employees,   excluding each person exempt from the civil service system as   provided by Section 158.038, that requests recognition of the meet   and confer team as the sole and exclusive bargaining agent for all   the department employees of the county, the commissioners court   shall:                 (1)     grant recognition of the meet and confer team as   requested in the petition and determine by majority vote that the   county may meet and confer under this chapter; or                 (2)     order a certification election under Section   162.005 to determine whether the meet and confer team represents a   majority of department employees.           (b)     If a commissioners court orders a certification   election under Subsection (a)(2) and the meet and confer team is   certified to represent a majority of department employees, the   court shall, not later than the 30th day after the date that results   of that election are certified, grant recognition of the meet and   confer team as requested in the petition for recognition and   determine by majority vote that the county may meet and confer under   this chapter.           Sec.   162.005.     CERTIFICATION ELECTION. (a)     Except as   provided by Subsection (b), a certification election ordered under   Section 162.004(a)(2) to determine whether the meet and confer team   represents a majority of department employees shall be conducted   according to procedures agreeable to the parties.           (b)     If the parties are unable to agree on procedures for the   certification election, either party may request the American   Arbitration Association to conduct the election and to certify the   results of the election.           (c)     Certification of the results of an election under this   section resolves the question concerning representation.           (d)     The meet and confer team is liable for the expenses of   the certification election.           Sec.   162.006.     WITHDRAWAL OF RECOGNITION. (a)   Department   employees may withdraw the recognition of the meet and confer team   granted under this chapter by filing with the commissioners court a   petition signed by a majority of all department employees stating:                 (1)     whether the employees wish to withdraw recognition   of the meet and confer team; and                 (2)     whether the employees wish to certify a new meet   and confer team.           (b)     The commissioners court shall order a certification   election in accordance with Section 162.005 regarding whether to do   so.           (c)     If a replacement meet and confer team is requested under   Subsection (a)(2), a certification election held in accordance with   Section 162.005 shall be held to determine whether the new meet and   confer team will be recognized, and that certification election may   be held simultaneously with the certification election required   under Subsection (b).           (d)     The meet and confer team that seeks to be recognized is   liable for the expenses of the certification election.           (e)     If a majority of department employees vote to have the   recognition of a meet and confer team withdrawn, the county shall   withdraw recognition of the meet and confer team.           Sec.   162.007.     RECOGNITION OF MEET AND CONFER TEAM. (a)     A   county that chooses to meet and confer under this chapter shall   recognize the meet and confer team that is recognized under Section   162.004 or 162.006 as the sole and exclusive bargaining agent for   department employees, excluding the employees exempt under   Subsection (b), in accordance with this chapter and the petition.           (b)     For the purposes of Subsection (a), exempt employees   are:                 (1)     persons exempt from the civil service system as   provided by Section 158.038; or                 (2)     persons exempted by mutual agreement between the   sheriff's department and the department employee group.           (c)     The county shall recognize the meet and confer team   until recognition of the meet and confer team is withdrawn in   accordance with Section 162.006 by a majority of department   employees who are eligible to sign a petition for recognition.           Sec.   162.008.     GENERAL PROVISIONS RELATING TO AGREEMENTS,   RECOGNITION, AND STRIKES. (a)     A county may not be denied local   control over the wages, salaries, rates of pay, hours of work, and   other terms of employment, or other state-mandated personnel   issues, if the county and the meet and confer team recognized under   Section 162.004 or 162.006 as the sole and exclusive bargaining   agent for department employees come to a mutual agreement on any of   the terms of employment. If an agreement is not reached, the state   laws, local ordinances, and civil service rules remain unaffected.   All agreements must be written. Nothing in this chapter requires   either party to meet and confer on any issue or reach an agreement.           (b)     A county may meet and confer only if the meet and confer   team does not advocate the illegal right to strike by public   employees.           (c)     Department employees may not engage in strikes against   this state or a political subdivision of this state. A department   employee who participates in a strike forfeits all civil service   rights, reemployment rights, and any other rights, benefits, or   privileges the employee enjoys as a result of employment or prior   employment.           (d)     In this section, "strike" means failing to report for   duty in concerted action with others, wilfully being absent from an   assigned position, stopping work, abstaining from the full,   faithful, and proper performance of the duties of employment, or   interfering with the operation of a county. This section does not   prohibit a department employee from conferring with members of the   commissioners court or sheriff's department about conditions,   compensation, rights, privileges, or obligations of employment.           Sec.   162.009.     PAYROLL DUES DEDUCTIONS. The county may not   prevent automatic payroll deductions for dues paid to a department   employee group that has been recognized as a meet and confer team.           Sec.   162.010.     RECORDS AND MEETINGS. (a)     An agreement made   under this chapter and any document prepared and used by the county   in connection with the agreement, except for materials created   during a commissioners court executive session and notes that are   otherwise confidential, are subject to disclosure under Chapter   552, Government Code, but only after the agreement is ratified by   the parties.           (b)     This section does not affect the application of   Subchapter C, Chapter 552, Government Code, to a document prepared   and used by the county in connection with the agreement.           Sec.   162.011.     ENFORCEABILITY OF AGREEMENT. (a)     A written   agreement made under this chapter between a county and the meet and   confer team is enforceable and binding on the county, the meet and   confer team, the department employee group, and the department   employees covered by the agreement if:                 (1)     the commissioners court ratified the agreement by   a majority vote; and                 (2)  the agreement is ratified under Section 162.012.           (b)     A state district court of the judicial district in which   a majority of the population of the county 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 as required by this   chapter. The court may issue proper restraining orders, temporary   and permanent injunctions, and any other writ, order, or process,   including contempt orders, that are appropriate to enforcing any   written agreement ratified as required by this chapter.           Sec.   162.012.     ELECTION TO RATIFY AGREEMENT. (a)     The meet   and confer team shall call an election to ratify any agreement   reached with the county if the agreement has been approved by the   members of the meet and confer team.           (b)     All department employees are eligible to vote in the   election.           (c)     An agreement may be ratified under this sect [Text truncated for display. Full text available on Congress.gov.]