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 Recognition of a police employee group may be withdrawn by a majority of represented police officers.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.