HBA-NMO H.B. 1201 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1201
By: Garcia
Urban Affairs
4/20/1999
Introduced




BACKGROUND AND PURPOSE 

Current law prohibits the City of Dallas from executing a contract
agreement with the city's police officers. H.B. 1201 currently applies only
to the City of Dallas.  This bill authorizes the determination of the
wages, assistance, benefits, working conditions, and other terms of
municipal employment for the city's police officers by an agreement between
the city and the bargaining agent for the city's police officers.  This
bill also prohibits the city's police officers from engaging in strikes or
organized work stoppages. 

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 Chapter 141, Local Government Code, is amended by adding
Subchapter C to read as follows:  

SUBCHAPTER C.  POLICE OFFICER EMPLOYMENT AGREEMENTS IN
CERTAIN MUNICIPALITIES
 
Sec. 141.101.  APPLICABILITY. Provides that this subchapter applies only to
a municipality that has a population of one million or more, and has not
voted to adopt Chapter 143 (Municipal Civil Service) or 174 (Fire and
Police Employee Relations).  
 
Sec. 141.102.  DEFINITIONS.   Defines "association" and "public employer."
 
Sec. 141.103.  GENERAL PROVISIONS RELATING TO AGREEMENTS AND STRIKES. (a)
Authorizes the determination of the wages, assistance, benefits, working
conditions, and other terms of municipal employment for a municipality's
police officers by an agreement between a public employer and the
bargaining agent for police officers in the municipality. Provides that an
agreement must be in writing to be enforceable.  
 
(b)  Provides that a municipality and the bargaining agent are not required
by this subchapter to meet and confer on any issue and are not required to
reach an agreement.  
 
(c)  Authorizes a public employer to meet and confer only if an association
recognized under this subchapter as the sole and exclusive bargaining agent
does not advocate the illegal right to strike by public employees.  
 
(d)  Prohibits police officers of a municipality from engaging in strikes
or organized work stoppages against this state or a political subdivision
of this state.  Provides that a police officer who participates in a strike
or organized work stoppage forfeits all civil service rights, reemployment
rights, and any other rights, benefits, or privileges the police officer
enjoys as a result of employment or prior employment.  
 
 Sec. 141.104.  RECOGNITION OF ASSOCIATION AS BARGAINING AGENT. (a)
Requires that an association submitting a petition signed by a majority of
the police officers employed by the municipality, excluding the head of the
department and assistant department heads in the rank or classification
immediately below that of the department head, be recognized by the public
employer as the sole and exclusive bargaining agent for all of the police
officers entitled to sign the petition until recognition of the association
is withdrawn by a majority of those police officers.  

(b)  Requires the resolution of whether an association represents a
majority of the police officers entitled to sign the petition under
Subsection (a) by a fair election conducted according to procedures
agreeable to the parties.  Authorizes either party, if the parties are
unable to agree on procedures,  to request the American Arbitration
Association to conduct the election and to certify the results.  Provides
that certification of the results of an election resolves the question
concerning representation.  Provides that the  association is liable for
the expenses of the election, except that if two or more associations
seeking recognition as the bargaining agent submit petitions signed by a
majority of the police officers entitled to sign the petition under
Subsection (a), this provision requires associations to share equally the
costs of the election.  
 
Sec. 141.105.  OPEN RECORDS REQUIRED.  Provides that all documents relating
to an agreement between an association and a public employer are available
to the public in accordance with any applicable state statutes.  
 
Sec. 141.106.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a)  Provides
that a written agreement made under this subchapter between a public
employer and an association recognized as the sole and exclusive bargaining
agent is enforceable and binding on the public employer, the association
recognized as the sole and exclusive bargaining agent, and all police
officers entitled to sign a petition under Section 141.104(a) if the
municipality's governing body ratified the agreement; and the association
ratified the agreement by conducting a secret ballot election at which only
police officers of the municipality in the association were eligible to
vote, and a majority of the votes cast at the election favored ratifying
the agreement.  
 
(b)  Provides that a state district court of the judicial district in which
a majority of the population of the municipality 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 under Subsection (a).  Authorizes the court to issue proper
restraining orders, temporary and permanent injunctions, and any other
writ, order, or process, including contempt orders, that are appropriate to
enforcing the written agreement ratified under Subsection (a).  
 
Sec. 141.107.  CONFLICTING PROVISIONS. (a)  Provides that a written
agreement under this subchapter preempts all contrary local ordinances,
executive orders, civil service provisions, or rules adopted by a
municipality or a political subdivision or agent of a municipality, such as
a personnel board or a civil service commission.  
 
(b)  Prohibits an agreement under this subchapter from diminishing or
qualifying any right, benefit, or privilege of an employee under a local
ordinance or other local law unless approved by a majority of the votes
cast at the secret ballot election held by the association to ratify the
agreement under Section 141.006. 
 
(c)  Prohibits an agreement from interfering with the right of a police
officer to pursue allegations of discrimination based on race, creed,
color, national origin, religion, age, sex, or disability with the
Commission on Human Rights or the United States Equal Employment
Opportunity Commission or to pursue affirmative action litigation.  
 
(d)  Provides that a matter that is not covered by an agreement ratified
under Section 141.006 remains covered by any applicable local civil service
provision, local ordinance,  or other local law.  
 
Sec. 141.108.  REPEAL. (a)  Provides that the governing of a municipality,
if, not later than 45 days after the date the agreement is ratified by the
municipality and the association recognized as the sole and exclusive
bargaining agent, the voters submit a petition to the municipal secretary
signed by a number of voters equal to ten percent of the votes cast at the
most recent mayoral election in the municipality, must vote to repeal the
agreement; or call an election of the registered qualified voters in the
municipality to vote on whether to repeal the agreement.  
 
(b)  Provides that an election under this section must be held during the
next regularly scheduled municipal general election or at a special
election called by the governing body of the municipality.  Repeals this
agreement if a majority of votes in the election are in favor of repeal.  
 
(c)  Requires that the ballot at an election under this section be printed
to provide for voting for or against the proposition:  "Repeal of the
adoption of the agreement ratified by the municipality and the police
officers of the municipality concerning wages, salaries, rates of pay,
hours of work, and other terms of employment." 
 
SECTION 2.  Amends Chapter 142, Local Government Code, by adding Section
142.001, as follows: 
 
Sec. 142.0011.  APPLICABILITY.  Provides that a provision of this chapter
does not apply to police officers in a municipality if the municipality
adopts an agreement under Subchapter C, Chapter 141, regarding the wages,
salaries, rates of pay, hours, working conditions, and other terms and
conditions of employment of police officers and the agreement addresses the
matter addressed by the provision.  
 
SECTION 3.  Effective date: September 1, 1999. 
 
SECTION 4.  Emergency clause.