HBA-EVB S.B. 621 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 621
By: Gallegos
Urban Affairs
5/17/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, most employees of the Houston Metropolitan Transportation
Authority (HMTA) are covered by a collective bargaining agreement; however,
police officers employed by HMTA are unable to negotiate an employment
agreement with management.  The legislature has enacted several statutes
that allow political subdivisions to negotiate employment agreements with
police officers. In 1973, the legislature enacted the Fire and Police Labor
Relations Act (codified in 1993 as the Fire and Police Employee Relations
Act, Chapter 174, Local Government Code), to create a structured bargaining
process that could be adopted by public referendum. In 1993, 1995, and
1997, the legislature amended the Municipal Civil Service Act, Chapter 143,
Local Government Code, to allow police associations in certain
municipalities to meet and confer with employees over employment matters.
S.B. 621 creates a statute to allow police officers employed by the HMTA to
meet and confer, and to negotiate over wages and other employment
conditions. 

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 Subchapter C, Chapter 451, Transportation Code, by
adding Section 451.1085, as follows: 

Sec. 451.1085.  PEACE OFFICER EMPLOYMENT MATTERS IN CERTAIN AUTHORITIES.
(a)  Provides that this section applies to an authority in which the
principal municipality has a population of more than 1.5 million. 

(b)  Defines "association" and "public employer."

(c)  Prohibits an authority from being denied local control over wages,
salaries, rates of pay, hours of work, other terms and conditions of
employment, or other personnel issues on which the public employer and an
association that is recognized as the sole and exclusive bargaining agent
for all peace officers employed by the authority agree. Provides that a
term or condition of employment on which the public employer and the
association do not agree is governed by applicable statutes and local rules
and regulations. Sets forth that an agreement must be reduced to writing.
Provides that this section does not require the public employer and the
association to meet and confer or reach an agreement on any issue. 

(d)  Authorizes a public employer and an association recognized under this
subchapter as a sole and exclusive bargaining agent to meet and confer only
if the association does not advocate the illegal right to strike by public
employees. 

(e)  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.  Sets forth that a peace officer who participates in a strike
forfeits all civil service rights, reemployment rights, and other rights,
benefits, or privileges the peace officer enjoys as a result of the
person's  employment or previous employment with the authority.  Provides
that this subsection does not affect the right of a person to cease
employment if the person is not acting in concert with peace officers. 

(f)  Authorizes the public employer to recognize an association that
submits a petition signed by a majority of the paid peace officers of the
authority, excluding the head of the department and assistant department
heads in the rank or classification immediately below that of the
department head, as the sole and exclusive bargaining agent for all of the
covered peace officers, unless recognition of the association is withdrawn
by a majority of the covered peace officers. 

(g)  Requires a question of whether an association is the majority
representative of the covered peace officers to be resolved by a fair
election conducted according to procedures agreed on by the parties.
Authorizes either party, if the parties are unable to agree on election
procedures, to request the American Arbitration Association to conduct the
election and to certify the results.  Sets forth that certification of the
results of an election under this subsection resolves the question
concerning representation.  Requires the association to pay the costs of
the election, except that if two or more associations seeking recognition
as the bargaining agent submit petitions signed by a majority of the peace
officers, the associations are required to share equally the costs of the
election. 

(h)  Requires the public employer's manager or chief executive or his
designee to select a team to represent the public employer as its sole and
exclusive bargaining agent for issues related to the employment of peace
officers by the authority. 

(i)  Sets forth that an agreement made under this section is a public
record for purposes of Chapter 552 (Public Information), Government Code.
Sets forth that the agreement and any document prepared and used by the
authority in connection with the agreement are available to the public
under the open records law, Chapter 552, Government Code, only after the
agreement is ratified by the authority's governing body.  Provides that
this section does not affect the application of Subchapter C (Information
Excepted from Required Disclosure), Chapter 552, Government Code, to a
document prepared and used by the authority in connection with the
agreement. 

(j)  Sets forth that a written agreement made under this section between a
public employer and an association is binding on the public employer, the
association, and peace officers covered by the agreement if the authority's
governing body ratifies the agreement by a majority vote, and the
applicable association ratifies the agreement by a majority vote of its
members by secret ballot. 

(k)  Authorizes an agreement ratified as described by Subsection (j) to
establish a procedure by which the parties agree to resolve disputes
related to a right, duty, or obligation provided by the agreement,
including binding arbitration on interpretation of the agreement. 

(l)  Provides that the district court of the judicial district in which the
municipality in the authority with the largest population is located has
full authority and jurisdiction on the application of either party
aggrieved by an act or omission of the other party related to a right,
duty, or obligation provided by a written agreement ratified as described
by Subsection (j).  Authorizes the court to issue proper restraining
orders, temporary and permanent injunctions, or any other writ, order, or
process, including a contempt order, that is appropriate to enforce the
agreement. 

(m)  Sets forth that an agreement under this section supersedes a previous
statute concerning wages, salaries, rates of pay, hours of work, or other
terms and conditions of employment to the extent of any conflict with the
statute. 

(n)  Sets forth than an agreement under this section preempts any contrary
statute, executive order, local ordinance, or rule adopted by the state or
a political subdivision or  agent of the state, including a personnel
board, a civil service commission, or a home-rule municipality. 

(o)  Prohibits an agreement under this section from diminishing or
qualifying any right, benefit, or privilege of an employee under this
chapter or other law unless approved by a majority vote by secret ballot of
the members of the association recognized as a sole and exclusive
bargaining agent. 

(p)  Prohibits an agreement from interfering with the right of a member of
a bargaining unit 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 Equal Employment Opportunity Commission
or to pursue affirmative action litigation. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.Emergency clause.
  Effective date:  upon passage.