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

89(R) HB 3648 - House Committee Report version - Bill Text

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 section only if

at least 65 percent of the votes cast in the election favor the

ratification.

(d)

A department employee who is not a member of a

department employee group may be assessed a fee for any cost

associated with casting the employee's vote.

(e)

The meet and confer team by unanimous consensus shall

establish procedures for the election.

(f)

The meet and confer team is liable for the expenses of

the election.

Sec.

162.013.

ELECTION TO REPEAL AGREEMENT. (a)

Not later

than the 60th day after the date a meet and confer agreement is

ratified by the commissioners court and department employees under

Section 162.012, a petition calling for the repeal of the agreement

signed by a number of registered voters residing in the county equal

to at least 10 percent of the votes cast at the most recent general

election held in the county may be presented to the person charged

with ordering an election under Section 3.004, Election Code.

(b)

If a petition is presented under Subsection (a), the

commissioners court shall call an election to determine whether to

repeal the agreement.

(c)

An election called under Subsection (b) may be held as

part of the next regularly scheduled general election for the

county. The ballot shall be printed to provide for voting for or

against the proposition: "Repeal the meet and confer agreement

ratified on __________ (date agreement was ratified) by the

commissioners court of __________ (name of the county) and the

employees of the sheriff's department of __________ (name of

county) concerning wages, salaries, rates of pay, hours of work,

and other terms of employment."

(d)

If a majority of the votes cast at the election favor the

repeal of the agreement, the agreement is void.

Sec.

162.014.

EFFECT ON EXISTING BENEFITS AND RIGHTS.

(a)

This chapter may not be construed to repeal any existing

benefit provided by statute or ordinance concerning department

employees'

compensation, pensions, retirement plans, hours of

work, conditions of employment, or other emoluments except as

expressly provided in a ratified meet and confer agreement. This

chapter is in addition to the benefits provided by existing

statutes and ordinances.

(b)

This chapter may not be construed to interfere with the

free speech right, guaranteed by the First Amendment to the United

States Constitution, of an individual department employee to

endorse or dissent from any agreement.

SECTION 2. This Act takes effect September 1, 2025.