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


Office of House Bill AnalysisH.B. 2972
By: Talton
Urban Affairs
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

The Houston Police Department does not currently have the ability to
replace an unemployment negotiations bargaining agent should a majority of
its police officers choose 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

H.B. 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police employee group may be withdrawn by a majority of represented police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 sets forth provisions for valid signatures on the petition, and
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 authorizes either party to request
the American Arbitration Association to conduct the election and certify
the results if the parties are unable to agree on the election procedures.
The bill requires the police employee group to pay the costs of the
election no later than the 10th day before the election date.  The bill
requires two or more police employee groups that are seeking recognition as
the bargaining agent to submit petitions and share the costs of the
election equally (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.