|   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
        
          A BILL TO BE ENTITLED
         | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        | 
           
			 | 
        relating to separate negotiations regarding employment matters for  | 
      
      
        | 
           
			 | 
        police officers and firefighters in certain municipalities. | 
      
      
        | 
           
			 | 
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
        | 
           
			 | 
               SECTION 1.  The heading to Chapter 147, Local Government  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 147.  LOCAL CONTROL OF FIREFIGHTER [AND POLICE OFFICER]  | 
      
      
        | 
           
			 | 
        EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE  | 
      
      
        | 
           
			 | 
        MILLION OR MORE | 
      
      
        | 
           
			 | 
               SECTION 2.  Sections 147.003(a), (b), (c), and (d), Local  | 
      
      
        | 
           
			 | 
        Government Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A meet and confer team is created under this section and  | 
      
      
        | 
           
			 | 
        consists of [the following members:
         | 
      
      
        | 
           
			 | 
                     [(1)]  members representing the firefighter employee  | 
      
      
        | 
           
			 | 
        groups in the municipality, provided each group may appoint only  | 
      
      
        | 
           
			 | 
        one firefighter of the municipality to serve as a member of the team  | 
      
      
        | 
           
			 | 
        [; and
         | 
      
      
        | 
           
			 | 
                     [(2)
           
           
          members representing the police officer employee 
         | 
      
      
        | 
           
			 | 
        
          groups in the municipality, provided each group may appoint only 
         | 
      
      
        | 
           
			 | 
        
          one police officer of the municipality to serve as a member of the 
         | 
      
      
        | 
           
			 | 
        
          team]. | 
      
      
        | 
           
			 | 
               (b)  The meet and confer team represents all firefighters  | 
      
      
        | 
           
			 | 
        [and police officers] in the municipality and shall negotiate with  | 
      
      
        | 
           
			 | 
        the municipality in an effort to reach an agreement on concerns  | 
      
      
        | 
           
			 | 
        shared by the firefighters [and police officers] 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 firefighters [or police officers] of the  | 
      
      
        | 
           
			 | 
        municipality 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 firefighter [and police officer] associations  | 
      
      
        | 
           
			 | 
        independent of the meet and confer team. | 
      
      
        | 
           
			 | 
               (d)  Expenses associated with the meet and confer team must  | 
      
      
        | 
           
			 | 
        be divided pro rata among each firefighter employee group [and 
         | 
      
      
        | 
           
			 | 
        
          police officer employee group] based on the number of sworn fire [or 
         | 
      
      
        | 
           
			 | 
        
          police] department members represented by each group. | 
      
      
        | 
           
			 | 
               SECTION 3.  Section 147.0031, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 147.0031.  PETITION FOR RECOGNITION: ELECTION OR ACTION  | 
      
      
        | 
           
			 | 
        BY GOVERNING BODY.  (a)  Not later than the 30th day after the date  | 
      
      
        | 
           
			 | 
        the governing body of a municipality receives from the meet and  | 
      
      
        | 
           
			 | 
        confer team a petition signed by a majority of all [police officers 
         | 
      
      
        | 
           
			 | 
        
          and a majority of all] firefighters, excluding the head of the  | 
      
      
        | 
           
			 | 
        [police department, the head of the] fire department [,] and other  | 
      
      
        | 
           
			 | 
        excluded employees as described by Section 147.0035(b), that  | 
      
      
        | 
           
			 | 
        requests recognition of the meet and confer team as the sole and  | 
      
      
        | 
           
			 | 
        exclusive bargaining agent for all the [police officers and]  | 
      
      
        | 
           
			 | 
        firefighters employed by the municipality, excluding the head of  | 
      
      
        | 
           
			 | 
        the [police department, the head of the] fire department [,] and  | 
      
      
        | 
           
			 | 
        other excluded employees as described by Section 147.0035(b), the  | 
      
      
        | 
           
			 | 
        governing body shall: | 
      
      
        | 
           
			 | 
                     (1)  grant recognition of the meet and confer team as  | 
      
      
        | 
           
			 | 
        requested in the petition and determine by majority vote that the  | 
      
      
        | 
           
			 | 
        municipality may meet and confer under this chapter without  | 
      
      
        | 
           
			 | 
        conducting an election by the voters in the municipality under  | 
      
      
        | 
           
			 | 
        Section 147.0033; | 
      
      
        | 
           
			 | 
                     (2)  defer granting recognition of the meet and confer  | 
      
      
        | 
           
			 | 
        team and order an election by the voters in the municipality under  | 
      
      
        | 
           
			 | 
        Section 147.0033 regarding whether the municipality may meet and  | 
      
      
        | 
           
			 | 
        confer under this chapter; or | 
      
      
        | 
           
			 | 
                     (3)  order a certification election under Section  | 
      
      
        | 
           
			 | 
        147.0032 to determine whether the employee groups in the meet and  | 
      
      
        | 
           
			 | 
        confer team represent a majority of the covered [police officers 
         | 
      
      
        | 
           
			 | 
        
          and a majority of the covered] firefighters. | 
      
      
        | 
           
			 | 
               (b)  If the governing body of a municipality orders a  | 
      
      
        | 
           
			 | 
        certification election under Subsection (a)(3) and the employee  | 
      
      
        | 
           
			 | 
        groups that are part of the meet and confer team are certified to  | 
      
      
        | 
           
			 | 
        represent a majority of the covered [police officers and a majority 
         | 
      
      
        | 
           
			 | 
        
          of the covered] firefighters, the governing body shall, not later  | 
      
      
        | 
           
			 | 
        than the 30th day after the date that results of that election are  | 
      
      
        | 
           
			 | 
        certified: | 
      
      
        | 
           
			 | 
                     (1)  grant recognition of the meet and confer team as  | 
      
      
        | 
           
			 | 
        requested in the petition for recognition and determine by majority  | 
      
      
        | 
           
			 | 
        vote that the municipality may meet and confer under this chapter  | 
      
      
        | 
           
			 | 
        without conducting an election by the voters in the municipality  | 
      
      
        | 
           
			 | 
        under Section 147.0033; or | 
      
      
        | 
           
			 | 
                     (2)  defer granting recognition of the meet and confer  | 
      
      
        | 
           
			 | 
        team and order an election by the voters in the municipality under  | 
      
      
        | 
           
			 | 
        Section 147.0033 regarding whether a public employer may meet and  | 
      
      
        | 
           
			 | 
        confer under this chapter. | 
      
      
        | 
           
			 | 
               SECTION 4.  Section 147.0032(a), Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by Subsection (b), a certification  | 
      
      
        | 
           
			 | 
        election ordered under Section 147.0031(a)(3) to determine whether  | 
      
      
        | 
           
			 | 
        the employee groups in the meet and confer team represent a majority  | 
      
      
        | 
           
			 | 
        of the covered [police officers and a majority of the covered]  | 
      
      
        | 
           
			 | 
        firefighters shall be conducted according to procedures agreeable  | 
      
      
        | 
           
			 | 
        to the parties. | 
      
      
        | 
           
			 | 
               SECTION 5.  Section 147.0033(c), Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The ballot for an election ordered under this section  | 
      
      
        | 
           
			 | 
        shall be printed to permit voting for or against the  | 
      
      
        | 
           
			 | 
        proposition:  "Authorizing __________ (name of the municipality)  | 
      
      
        | 
           
			 | 
        to operate under the state law allowing a municipality to meet and  | 
      
      
        | 
           
			 | 
        confer and make agreements with the meet and confer team  | 
      
      
        | 
           
			 | 
        representing municipal [police officers and] firefighters as  | 
      
      
        | 
           
			 | 
        provided by state law, preserving the prohibition against strikes  | 
      
      
        | 
           
			 | 
        and organized work stoppages, and providing penalties for strikes  | 
      
      
        | 
           
			 | 
        and organized work stoppages." | 
      
      
        | 
           
			 | 
               SECTION 6.  Section 147.0034(a), Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The [police officers and] firefighters may withdraw the  | 
      
      
        | 
           
			 | 
        recognition of the meet and confer team granted under this chapter  | 
      
      
        | 
           
			 | 
        by filing with the governing body of the municipality a petition  | 
      
      
        | 
           
			 | 
        signed by a majority of all covered [police officers and a majority 
         | 
      
      
        | 
           
			 | 
        
          of all covered] firefighters. | 
      
      
        | 
           
			 | 
               SECTION 7.  Section 147.0035, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 147.0035.  RECOGNITION OF MEET AND CONFER TEAM.  (a)  A  | 
      
      
        | 
           
			 | 
        public employer in a municipality that chooses to meet and confer  | 
      
      
        | 
           
			 | 
        under this chapter shall recognize the meet and confer team that is  | 
      
      
        | 
           
			 | 
        recognized under Section 147.0031 or 147.0033 as the sole and  | 
      
      
        | 
           
			 | 
        exclusive bargaining agent for the [police officers and]  | 
      
      
        | 
           
			 | 
        firefighters, excluding the head of the [police department, head of 
         | 
      
      
        | 
           
			 | 
        
          the] fire department [,] and the employees exempt under Subsection  | 
      
      
        | 
           
			 | 
        (b), in accordance with this chapter and the petition. | 
      
      
        | 
           
			 | 
               (b)  For the purposes of Subsection (a), exempt employees are  | 
      
      
        | 
           
			 | 
        employees appointed by the head of the [police department or] fire  | 
      
      
        | 
           
			 | 
        department in the classification immediately below that of  | 
      
      
        | 
           
			 | 
        department head or that are exempt by the mutual agreement of the  | 
      
      
        | 
           
			 | 
        meet and confer team and the municipality. | 
      
      
        | 
           
			 | 
               (c)  The municipality shall recognize the meet and confer  | 
      
      
        | 
           
			 | 
        team until recognition of the meet and confer team is withdrawn in  | 
      
      
        | 
           
			 | 
        accordance with Section 147.0034 by a majority of the [police 
         | 
      
      
        | 
           
			 | 
        
          officers and a majority of the] firefighters who are eligible to  | 
      
      
        | 
           
			 | 
        sign a petition for recognition. | 
      
      
        | 
           
			 | 
               SECTION 8.  Sections 147.004(a), (c), and (d), Local  | 
      
      
        | 
           
			 | 
        Government Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A municipality 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  | 
      
      
        | 
           
			 | 
        municipality and the meet and confer team recognized under Section  | 
      
      
        | 
           
			 | 
        147.0031 or 147.0033 as the sole and exclusive bargaining agent for  | 
      
      
        | 
           
			 | 
        the covered [police officers and] firefighters 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 shall be written.  Nothing in  | 
      
      
        | 
           
			 | 
        this chapter requires either party to meet and confer on any issue  | 
      
      
        | 
           
			 | 
        or reach an agreement. | 
      
      
        | 
           
			 | 
               (c)  Firefighters [and police officers] of a municipality  | 
      
      
        | 
           
			 | 
        may not engage in strikes against this state or a political  | 
      
      
        | 
           
			 | 
        subdivision of this state.  A firefighter [or police officer] who  | 
      
      
        | 
           
			 | 
        participates in a strike forfeits all civil service rights,  | 
      
      
        | 
           
			 | 
        reemployment rights, and any other rights, benefits, or privileges  | 
      
      
        | 
           
			 | 
        the firefighter [or police officer] 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 municipality.  However, this  | 
      
      
        | 
           
			 | 
        section does not prohibit a firefighter [or police officer] from  | 
      
      
        | 
           
			 | 
        conferring with members of the municipal governing body about  | 
      
      
        | 
           
			 | 
        conditions, compensation, rights, privileges, or obligations of  | 
      
      
        | 
           
			 | 
        employment. | 
      
      
        | 
           
			 | 
               SECTION 9.  Section 147.005, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 147.005.  PAYROLL DUES DEDUCTIONS.  The municipality  | 
      
      
        | 
           
			 | 
        may not prevent automatic payroll deductions for dues paid to a  | 
      
      
        | 
           
			 | 
        firefighter employee group [or police officer employee group]. | 
      
      
        | 
           
			 | 
               SECTION 10.  Section 147.007(a), Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A written agreement made under this chapter between a  | 
      
      
        | 
           
			 | 
        municipality and the meet and confer team is enforceable and  | 
      
      
        | 
           
			 | 
        binding on the municipality, the meet and confer team, firefighter  | 
      
      
        | 
           
			 | 
        employee groups, [police officer employee groups,] and the  | 
      
      
        | 
           
			 | 
        firefighters [and police officers] covered by the agreement if: | 
      
      
        | 
           
			 | 
                     (1)  the municipality's governing body ratified the  | 
      
      
        | 
           
			 | 
        agreement by a majority vote; and | 
      
      
        | 
           
			 | 
                     (2)  the agreement is ratified under Section 147.008. | 
      
      
        | 
           
			 | 
               SECTION 11.  Sections 147.008(b) and (d), Local Government  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  All firefighters [and police officers] of the  | 
      
      
        | 
           
			 | 
        municipality are eligible to vote in the election. | 
      
      
        | 
           
			 | 
               (d)  A firefighter [or police officer] who is not a member of  | 
      
      
        | 
           
			 | 
        a firefighter employee group [or a police officer employee group]  | 
      
      
        | 
           
			 | 
        may be assessed a fee for any cost associated with casting the  | 
      
      
        | 
           
			 | 
        firefighter's [or police officer's] vote. | 
      
      
        | 
           
			 | 
               SECTION 12.  Section 147.009(d), Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The ballot for an election ordered under Subsection (b)  | 
      
      
        | 
           
			 | 
        shall be printed to allow voting for or against the  | 
      
      
        | 
           
			 | 
        proposition:  "Authorizing __________ (name of the municipality)  | 
      
      
        | 
           
			 | 
        to continue to operate under the state law allowing a municipality  | 
      
      
        | 
           
			 | 
        to meet and confer and make agreements with the meet and confer team  | 
      
      
        | 
           
			 | 
        representing municipal [police officers and] firefighters as  | 
      
      
        | 
           
			 | 
        provided by state law, preserving the prohibition against strikes  | 
      
      
        | 
           
			 | 
        and organized work stoppages, and providing penalties for strikes  | 
      
      
        | 
           
			 | 
        and organized work stoppages." | 
      
      
        | 
           
			 | 
               SECTION 13.  Chapter 147, Local Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Section 147.0091 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 147.0091.  TEMPORARY PROVISION: ACTION TO WITHDRAW  | 
      
      
        | 
           
			 | 
        RECOGNITION OF POLICE OFFICER AND FIREFIGHTER MEET AND CONFER TEAM  | 
      
      
        | 
           
			 | 
        UNDER THIS CHAPTER.  (a)  Notwithstanding Sections 147.009(b)  | 
      
      
        | 
           
			 | 
        through (g), the governing body of a municipality that granted  | 
      
      
        | 
           
			 | 
        recognition of a meet and confer team as the sole and exclusive  | 
      
      
        | 
           
			 | 
        bargaining agent of all police officers and firefighters under  | 
      
      
        | 
           
			 | 
        Section 147.0031 before September 1, 2015, shall, not later than  | 
      
      
        | 
           
			 | 
        September 30, 2015, withdraw recognition of the meet and confer  | 
      
      
        | 
           
			 | 
        team by providing to the meet and confer team written notice that: | 
      
      
        | 
           
			 | 
                     (1)  pursuant to __.B. No. __, Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, the governing body is  | 
      
      
        | 
           
			 | 
        withdrawing recognition of the meet and confer team;  and | 
      
      
        | 
           
			 | 
                     (2)  any agreement between the governing body and the  | 
      
      
        | 
           
			 | 
        meet and confer team will not be renewed. | 
      
      
        | 
           
			 | 
               (b)  This section expires September 1, 2025. | 
      
      
        | 
           
			 | 
               SECTION 14.  Sections 147.010(a) and (c), Local Government  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Not later than the 60th day after the date a meet and  | 
      
      
        | 
           
			 | 
        confer agreement is ratified by the governing body of the  | 
      
      
        | 
           
			 | 
        municipality and the firefighters [and police officers] under  | 
      
      
        | 
           
			 | 
        Section 147.008, a petition calling for the repeal of the agreement  | 
      
      
        | 
           
			 | 
        signed by a number of registered voters residing in the  | 
      
      
        | 
           
			 | 
        municipality equal to at least 10 percent of the votes cast at the  | 
      
      
        | 
           
			 | 
        most recent general election held in the municipality may be  | 
      
      
        | 
           
			 | 
        presented to the person charged with ordering an election under  | 
      
      
        | 
           
			 | 
        Section 3.004, Election Code. | 
      
      
        | 
           
			 | 
               (c)  An election called under Subsection (b)(2) may be held  | 
      
      
        | 
           
			 | 
        as part of the next regularly scheduled general election for the  | 
      
      
        | 
           
			 | 
        municipality.  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 __________ (name of the governing body of the municipality) and  | 
      
      
        | 
           
			 | 
        the [police officers and] firefighters employed by the City of  | 
      
      
        | 
           
			 | 
        __________ (name of municipality) concerning wages, salaries,  | 
      
      
        | 
           
			 | 
        rates of pay, hours of work, and other terms of employment." | 
      
      
        | 
           
			 | 
               SECTION 15.  Section 147.011, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 147.011.  EFFECT ON EXISTING BENEFITS AND RIGHTS.  (a)   | 
      
      
        | 
           
			 | 
        This chapter may not be construed to repeal any existing benefit  | 
      
      
        | 
           
			 | 
        provided by statute or ordinance concerning [police officers' or]  | 
      
      
        | 
           
			 | 
        firefighters' 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 firefighter [or a police 
         | 
      
      
        | 
           
			 | 
        
          officer] to endorse or dissent from any agreement. | 
      
      
        | 
           
			 | 
               SECTION 16.  Subtitle A, Title 5, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Chapter 148 to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 148.  LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS IN  | 
      
      
        | 
           
			 | 
        CERTAIN MUNICIPALITIES WITH POPULATION OF ONE MILLION OR MORE | 
      
      
        | 
           
			 | 
               Sec. 148.001.  APPLICABILITY.  This chapter applies only to  | 
      
      
        | 
           
			 | 
        a municipality with a population of one million or more, but does  | 
      
      
        | 
           
			 | 
        not apply to a municipality that has adopted Chapter 143 or 174. | 
      
      
        | 
           
			 | 
               Sec. 148.002.  DEFINITIONS.  In this chapter: | 
      
      
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                     (1)  "Police officer" means a sworn police officer  | 
      
      
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			 | 
        employed by the municipality who is covered by the municipality's  | 
      
      
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			 | 
        police pension plan and is classified by the municipality as  | 
      
      
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			 | 
        nonexempt.  The term does not include a police officer with a rank  | 
      
      
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        above that of captain, a civilian, or a municipal marshal. | 
      
      
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                     (2)  "Police officer employee group" means an  | 
      
      
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			 | 
        organization: | 
      
      
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                           (A)  in which, on or before September 1, 2007, at  | 
      
      
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			 | 
        least three percent of the police officers of the municipality have  | 
      
      
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        participated and paid dues via automatic payroll deduction; and | 
      
      
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                           (B)  that exists for the purpose, in whole or in  | 
      
      
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        part, of dealing with the municipality concerning grievances, labor  | 
      
      
        | 
           
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        disputes, wages, rates of pay, hours of employment, or conditions  | 
      
      
        | 
           
			 | 
        of employment affecting police officers. | 
      
      
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               Sec. 148.003.  MEET AND CONFER TEAM; NEGOTIATIONS.  (a)  A  | 
      
      
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        meet and confer team is created under this section and consists of  | 
      
      
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        members representing the police officer employee groups in the  | 
      
      
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        municipality, provided each group may appoint only one police  | 
      
      
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			 | 
        officer of the municipality to serve as a member of the team. | 
      
      
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               (b)  The meet and confer team represents all police officers  | 
      
      
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        in the municipality and shall negotiate with the municipality in an  | 
      
      
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        effort to reach an agreement on concerns shared by the police  | 
      
      
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        officers regarding terms of employment, including concerns  | 
      
      
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			 | 
        relating to wages, benefits, and other working conditions but  | 
      
      
        | 
           
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        excluding concerns relating to pensions.  Only the meet and confer  | 
      
      
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        team created under this section may represent the police officers  | 
      
      
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        of the municipality in the capacity described by this subsection,  | 
      
      
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        except that the team may be accompanied by a representative of the  | 
      
      
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        team's choosing to assist with the negotiation process. | 
      
      
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               (c)  Concerns relating to affirmative action, employment  | 
      
      
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        discrimination, hiring, and promotions may be discussed by  | 
      
      
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			 | 
        individual police officer associations independent of the meet and  | 
      
      
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        confer team. | 
      
      
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               (d)  Expenses associated with the meet and confer team must  | 
      
      
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        be divided pro rata among each police officer employee group based  | 
      
      
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			 | 
        on the number of sworn police department members represented by  | 
      
      
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        each group. | 
      
      
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               (e)  A municipality may designate one or more persons to meet  | 
      
      
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        and confer on the municipality's behalf. | 
      
      
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               Sec. 148.0031.  PETITION FOR RECOGNITION: ELECTION OR ACTION  | 
      
      
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        BY GOVERNING BODY.  (a)  Not later than the 30th day after the date  | 
      
      
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        the governing body of a municipality receives from the meet and  | 
      
      
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        confer team a petition signed by a majority of all police officers,  | 
      
      
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        excluding the head of the police department and other excluded  | 
      
      
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        employees as described by Section 148.0035(b), that requests  | 
      
      
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        recognition of the meet and confer team as the sole and exclusive  | 
      
      
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        bargaining agent for all the police officers employed by the  | 
      
      
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        municipality, excluding the head of the police department and other  | 
      
      
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        excluded employees as described by Section 148.0035(b), the  | 
      
      
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        governing body shall: | 
      
      
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                     (1)  grant recognition of the meet and confer team as  | 
      
      
        | 
           
			 | 
        requested in the petition and determine by majority vote that the  | 
      
      
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        municipality may meet and confer under this chapter without  | 
      
      
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        conducting an election by the voters in the municipality under  | 
      
      
        | 
           
			 | 
        Section 148.0033; | 
      
      
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                     (2)  defer granting recognition of the meet and confer  | 
      
      
        | 
           
			 | 
        team and order an election by the voters in the municipality under  | 
      
      
        | 
           
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        Section 148.0033 regarding whether the municipality may meet and  | 
      
      
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        confer under this chapter; or | 
      
      
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                     (3)  order a certification election under Section  | 
      
      
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			 | 
        148.0032 to determine whether the employee groups in the meet and  | 
      
      
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        confer team represent a majority of the covered police officers. | 
      
      
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               (b)  If the governing body of a municipality orders a  | 
      
      
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        certification election under Subsection (a)(3) and the employee  | 
      
      
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        groups that are part of the meet and confer team are certified to  | 
      
      
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        represent a majority of the covered police officers, the governing  | 
      
      
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        body shall, not later than the 30th day after the date that results  | 
      
      
        | 
           
			 | 
        of that election are certified: | 
      
      
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                     (1)  grant recognition of the meet and confer team as  | 
      
      
        | 
           
			 | 
        requested in the petition for recognition and determine by majority  | 
      
      
        | 
           
			 | 
        vote that the municipality may meet and confer under this chapter  | 
      
      
        | 
           
			 | 
        without conducting an election by the voters in the municipality  | 
      
      
        | 
           
			 | 
        under Section 148.0033; or | 
      
      
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			 | 
                     (2)  defer granting recognition of the meet and confer  | 
      
      
        | 
           
			 | 
        team and order an election by the voters in the municipality under  | 
      
      
        | 
           
			 | 
        Section 148.0033 regarding whether a public employer may meet and  | 
      
      
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			 | 
        confer under this chapter. | 
      
      
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               Sec. 148.0032.  CERTIFICATION ELECTION.  (a)  Except as  | 
      
      
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			 | 
        provided by Subsection (b), a certification election ordered under  | 
      
      
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			 | 
        Section 148.0031(a)(3) to determine whether the employee groups in  | 
      
      
        | 
           
			 | 
        the meet and confer team represent a majority of the covered police  | 
      
      
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			 | 
        officers shall be conducted according to procedures agreeable to  | 
      
      
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			 | 
        the parties. | 
      
      
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               (b)  If the parties are unable to agree on procedures for the  | 
      
      
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        certification election, either party may request the American  | 
      
      
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        Arbitration Association to conduct the election and to certify the  | 
      
      
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			 | 
        results of the election. | 
      
      
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               (c)  Certification of the results of an election under this  | 
      
      
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        section resolves the question concerning representation. | 
      
      
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               (d)  Each employee group in the meet and confer team is   | 
      
      
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			 | 
        liable for the expenses of the certification election for the  | 
      
      
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			 | 
        employees the group represents. | 
      
      
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               Sec. 148.0033.  ELECTION TO AUTHORIZE OPERATING UNDER THIS  | 
      
      
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        CHAPTER.  (a)  The governing body of a municipality that receives a  | 
      
      
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			 | 
        petition for recognition under Section 148.0031 may order an  | 
      
      
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        election to determine whether a public employer may meet and confer  | 
      
      
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			 | 
        under this chapter. | 
      
      
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               (b)  An election ordered under this section must be held as  | 
      
      
        | 
           
			 | 
        part of the next regularly scheduled general election for municipal  | 
      
      
        | 
           
			 | 
        officials that is held after the date the governing body of the  | 
      
      
        | 
           
			 | 
        municipality orders the election and that allows sufficient time to  | 
      
      
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			 | 
        prepare the ballot in compliance with other requirements of law. | 
      
      
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               (c)  The ballot for an election ordered under this section  | 
      
      
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        shall be printed to permit voting for or against the proposition:   | 
      
      
        | 
           
			 | 
        "Authorizing __________ (name of the municipality) to operate under  | 
      
      
        | 
           
			 | 
        the state law allowing a municipality to meet and confer and make  | 
      
      
        | 
           
			 | 
        agreements with the meet and confer team representing municipal  | 
      
      
        | 
           
			 | 
        police officers as provided by state law, preserving the  | 
      
      
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			 | 
        prohibition against strikes and organized work stoppages, and  | 
      
      
        | 
           
			 | 
        providing penalties for strikes and organized work stoppages." | 
      
      
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               (d)  An election called under this section must be held and  | 
      
      
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			 | 
        the returns prepared and canvassed in conformity with the Election  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
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               (e)  If an election authorized under this section is held,  | 
      
      
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        the municipality may operate under the other provisions of this  | 
      
      
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			 | 
        chapter only if a majority of the votes cast at the election favor  | 
      
      
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			 | 
        the proposition. | 
      
      
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               (f)  If an election authorized under this section is held, a  | 
      
      
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        meet and confer team may not submit a petition for recognition to  | 
      
      
        | 
           
			 | 
        the governing body of the municipality under Section 148.0031  | 
      
      
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        before the second anniversary of the date of the election. | 
      
      
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			 | 
               Sec. 148.0034.  WITHDRAWAL OF RECOGNITION.  (a)  The police  | 
      
      
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			 | 
        officers may withdraw the recognition of the meet and confer team  | 
      
      
        | 
           
			 | 
        granted under this chapter by filing with the governing body of the  | 
      
      
        | 
           
			 | 
        municipality a petition signed by a majority of all covered police  | 
      
      
        | 
           
			 | 
        officers. | 
      
      
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               (b)  The governing body of the municipality may: | 
      
      
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                     (1)  withdraw recognition as provided by the petition;  | 
      
      
        | 
           
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        or | 
      
      
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                     (2)  order a certification election in accordance with  | 
      
      
        | 
           
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        Section 148.0032 regarding whether to do so. | 
      
      
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               Sec. 148.0035.  RECOGNITION OF MEET AND CONFER TEAM.  (a)  A  | 
      
      
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			 | 
        public employer in a municipality that chooses to meet and confer  | 
      
      
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        under this chapter shall recognize the meet and confer team that is  | 
      
      
        | 
           
			 | 
        recognized under Section 148.0031 or 148.0033 as the sole and  | 
      
      
        | 
           
			 | 
        exclusive bargaining agent for the police officers, excluding the  | 
      
      
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			 | 
        head of the police department and the employees exempt under  | 
      
      
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        Subsection (b), in accordance with this chapter and the petition. | 
      
      
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               (b)  For the purposes of Subsection (a), exempt employees are  | 
      
      
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        employees appointed by the head of the police department in the  | 
      
      
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        classification immediately below that of department head or that  | 
      
      
        | 
           
			 | 
        are exempt by the mutual agreement of the meet and confer team and  | 
      
      
        | 
           
			 | 
        the municipality. | 
      
      
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               (c)  The municipality shall recognize the meet and confer  | 
      
      
        | 
           
			 | 
        team until recognition of the meet and confer team is withdrawn in  | 
      
      
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        accordance with Section 148.0034 by a majority of the police  | 
      
      
        | 
           
			 | 
        officers who are eligible to sign a petition for recognition. | 
      
      
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			 | 
               Sec. 148.004.  GENERAL PROVISIONS RELATING TO AGREEMENTS,  | 
      
      
        | 
           
			 | 
        RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied  | 
      
      
        | 
           
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        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 municipality and the meet and confer team recognized  | 
      
      
        | 
           
			 | 
        under Section 148.0031 or 148.0033 as the sole and exclusive  | 
      
      
        | 
           
			 | 
        bargaining agent for the covered police officers 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 shall be written.  Nothing in  | 
      
      
        | 
           
			 | 
        this chapter requires either party to meet and confer on any issue  | 
      
      
        | 
           
			 | 
        or reach an agreement. | 
      
      
        | 
           
			 | 
               (b)  A municipality may meet and confer only if the meet and  | 
      
      
        | 
           
			 | 
        confer team does not advocate the illegal right to strike by public  | 
      
      
        | 
           
			 | 
        employees. | 
      
      
        | 
           
			 | 
               (c)  Police officers of a municipality may not engage in  | 
      
      
        | 
           
			 | 
        strikes against this state or a political subdivision of this  | 
      
      
        | 
           
			 | 
        state.  A police officer who participates in a strike 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. | 
      
      
        | 
           
			 | 
               (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 municipality.  However, this  | 
      
      
        | 
           
			 | 
        section does not prohibit a police officer from conferring with  | 
      
      
        | 
           
			 | 
        members of the municipal governing body about conditions,  | 
      
      
        | 
           
			 | 
        compensation, rights, privileges, or obligations of employment. | 
      
      
        | 
           
			 | 
               Sec. 148.005.  PAYROLL DUES DEDUCTIONS.  The municipality  | 
      
      
        | 
           
			 | 
        may not prevent automatic payroll deductions for dues paid to a  | 
      
      
        | 
           
			 | 
        police officer employee group. | 
      
      
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			 | 
               Sec. 148.006.  RECORDS AND MEETINGS.  (a)  An agreement made  | 
      
      
        | 
           
			 | 
        under this chapter is public information for purposes of Chapter  | 
      
      
        | 
           
			 | 
        552, Government Code.  The agreement and any document prepared and  | 
      
      
        | 
           
			 | 
        used by the municipality in connection with the agreement, except  | 
      
      
        | 
           
			 | 
        for materials created during a municipality's caucuses and notes  | 
      
      
        | 
           
			 | 
        that are otherwise privileged by law, are available to the public in  | 
      
      
        | 
           
			 | 
        accordance with Chapter 552, Government Code, only after the  | 
      
      
        | 
           
			 | 
        agreement is ratified by both parties. | 
      
      
        | 
           
			 | 
               (b)  This section does not affect the application of  | 
      
      
        | 
           
			 | 
        Subchapter C, Chapter 552, Government Code, to a document prepared  | 
      
      
        | 
           
			 | 
        and used by the municipality in connection with the agreement. | 
      
      
        | 
           
			 | 
               Sec. 148.007.  ENFORCEABILITY OF AGREEMENT.  (a)  A written  | 
      
      
        | 
           
			 | 
        agreement made under this chapter between a municipality and the  | 
      
      
        | 
           
			 | 
        meet and confer team is enforceable and binding on the  | 
      
      
        | 
           
			 | 
        municipality, the meet and confer team, police officer employee  | 
      
      
        | 
           
			 | 
        groups, and the police officers covered by the agreement if: | 
      
      
        | 
           
			 | 
                     (1)  the municipality's governing body ratified the  | 
      
      
        | 
           
			 | 
        agreement by a majority vote; and | 
      
      
        | 
           
			 | 
                     (2)  the agreement is ratified under Section 148.008. | 
      
      
        | 
           
			 | 
               (b)  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 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. 148.008.  ELECTION TO RATIFY AGREEMENT.  (a)  The meet  | 
      
      
        | 
           
			 | 
        and confer team shall call an election to ratify any agreement  | 
      
      
        | 
           
			 | 
        reached with the municipality if the agreement has been approved by  | 
      
      
        | 
           
			 | 
        a unanimous vote of the members of the meet and confer team. | 
      
      
        | 
           
			 | 
               (b)  All police officers of the municipality are eligible to  | 
      
      
        | 
           
			 | 
        vote in the election. | 
      
      
        | 
           
			 | 
               (c)  An agreement may be ratified under this section only if  | 
      
      
        | 
           
			 | 
        at least 50 percent of the votes cast in the election favor the  | 
      
      
        | 
           
			 | 
        ratification. | 
      
      
        | 
           
			 | 
               (d)  A police officer who is not a member of a police officer  | 
      
      
        | 
           
			 | 
        employee group may be assessed a fee for any cost associated with  | 
      
      
        | 
           
			 | 
        casting the police officer's vote. | 
      
      
        | 
           
			 | 
               (e)  The meet and confer team shall establish procedures for  | 
      
      
        | 
           
			 | 
        the election by unanimous consensus. | 
      
      
        | 
           
			 | 
               Sec. 148.009.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO  | 
      
      
        | 
           
			 | 
        OPERATE UNDER THIS CHAPTER.  (a)  The governing body of a  | 
      
      
        | 
           
			 | 
        municipality that granted recognition of a meet and confer team  | 
      
      
        | 
           
			 | 
        under Section 148.0031 without conducting an election under Section  | 
      
      
        | 
           
			 | 
        148.0033 may withdraw recognition of the meet and confer team by  | 
      
      
        | 
           
			 | 
        providing to the meet and confer team not less than 90 days' written  | 
      
      
        | 
           
			 | 
        notice that: | 
      
      
        | 
           
			 | 
                     (1)  the governing body is withdrawing recognition of  | 
      
      
        | 
           
			 | 
        the meet and confer team;  and | 
      
      
        | 
           
			 | 
                     (2)  any agreement between the governing body and the  | 
      
      
        | 
           
			 | 
        meet and confer team will not be renewed. | 
      
      
        | 
           
			 | 
               (b)  The governing body of a municipality that granted  | 
      
      
        | 
           
			 | 
        recognition of a meet and confer team after conducting an election  | 
      
      
        | 
           
			 | 
        under Section 148.0033 may order an election to determine whether a  | 
      
      
        | 
           
			 | 
        public employer may continue to meet and confer under this chapter.   | 
      
      
        | 
           
			 | 
        The governing body may not order an election under this subsection  | 
      
      
        | 
           
			 | 
        until the second anniversary of the date of the election under  | 
      
      
        | 
           
			 | 
        Section 148.0033. | 
      
      
        | 
           
			 | 
               (c)  An election ordered under Subsection (b) must be held as  | 
      
      
        | 
           
			 | 
        part of the next regularly scheduled general election for municipal  | 
      
      
        | 
           
			 | 
        officers that occurs after the date the governing body of the  | 
      
      
        | 
           
			 | 
        municipality orders the election and that allows sufficient time to  | 
      
      
        | 
           
			 | 
        prepare the ballot in compliance with other requirements of law. | 
      
      
        | 
           
			 | 
               (d)  The ballot for an election ordered under Subsection (b)  | 
      
      
        | 
           
			 | 
        shall be printed to allow voting for or against the proposition:   | 
      
      
        | 
           
			 | 
        "Authorizing __________ (name of the municipality) to continue to  | 
      
      
        | 
           
			 | 
        operate under the state law allowing a municipality to meet and  | 
      
      
        | 
           
			 | 
        confer and make agreements with the meet and confer team  | 
      
      
        | 
           
			 | 
        representing municipal police officers as provided by state law,  | 
      
      
        | 
           
			 | 
        preserving the prohibition against strikes and organized work  | 
      
      
        | 
           
			 | 
        stoppages, and providing penalties for strikes and organized work  | 
      
      
        | 
           
			 | 
        stoppages." | 
      
      
        | 
           
			 | 
               (e)  An election ordered under Subsection (b) must be held  | 
      
      
        | 
           
			 | 
        and the returns prepared and canvassed in conformity with the  | 
      
      
        | 
           
			 | 
        Election Code. | 
      
      
        | 
           
			 | 
               (f)  If an election ordered under Subsection (b) is held, the  | 
      
      
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        municipality may continue to operate under this chapter only if a  | 
      
      
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        majority of the votes cast at the election favor the proposition. | 
      
      
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               (g)  If an election ordered under Subsection (b) is held, a  | 
      
      
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        meet and confer team may not submit a petition for recognition to  | 
      
      
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			 | 
        the governing body of the municipality under Section 148.0031  | 
      
      
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        before the second anniversary of the date of the election. | 
      
      
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               Sec. 148.010.  ELECTION TO REPEAL AGREEMENT.  (a)  Not later  | 
      
      
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        than the 60th day after the date a meet and confer agreement is  | 
      
      
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        ratified by the governing body of the municipality and the police  | 
      
      
        | 
           
			 | 
        officers under Section 148.008, a petition calling for the repeal  | 
      
      
        | 
           
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        of the agreement signed by a number of registered voters residing in  | 
      
      
        | 
           
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        the municipality equal to at least 10 percent of the votes cast at  | 
      
      
        | 
           
			 | 
        the most recent general election held in the municipality may be  | 
      
      
        | 
           
			 | 
        presented to the person charged with ordering an election under  | 
      
      
        | 
           
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        Section 3.004, Election Code. | 
      
      
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               (b)  If a petition is presented under Subsection (a), the  | 
      
      
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        governing body of the municipality shall: | 
      
      
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                     (1)  repeal the meet and confer agreement; or | 
      
      
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                     (2)  certify that the governing body is not repealing  | 
      
      
        | 
           
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        the agreement and call an election to determine whether to repeal  | 
      
      
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        the agreement. | 
      
      
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               (c)  An election called under Subsection (b)(2) may be held  | 
      
      
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        as part of the next regularly scheduled general election for the  | 
      
      
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			 | 
        municipality.  The ballot shall be printed to provide for voting for  | 
      
      
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        or against the proposition:  "Repeal the meet and confer agreement  | 
      
      
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        ratified on __________ (date agreement was ratified) by the  | 
      
      
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        __________ (name of the governing body of the municipality) and the  | 
      
      
        | 
           
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        police officers employed by the City of __________ (name of  | 
      
      
        | 
           
			 | 
        municipality) concerning wages, salaries, rates of pay, hours of  | 
      
      
        | 
           
			 | 
        work, and other terms of employment." | 
      
      
        | 
           
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               (d)  If a majority of the votes cast at the election favor the  | 
      
      
        | 
           
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        repeal of the agreement, the agreement is void. | 
      
      
        | 
           
			 | 
               Sec. 148.011.  EFFECT ON EXISTING BENEFITS AND RIGHTS.  (a)   | 
      
      
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        This chapter may not be construed to repeal any existing benefit  | 
      
      
        | 
           
			 | 
        provided by statute or ordinance concerning police officers'  | 
      
      
        | 
           
			 | 
        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. | 
      
      
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               (b)  This chapter may not be construed to interfere with the  | 
      
      
        | 
           
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        free speech right, guaranteed by the First Amendment to the United  | 
      
      
        | 
           
			 | 
        States Constitution, of an individual police officer to endorse or  | 
      
      
        | 
           
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        dissent from any agreement. | 
      
      
        | 
           
			 | 
               SECTION 17.  Sections 147.002(3) and (4), Local Government  | 
      
      
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        Code, are repealed. | 
      
      
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			 | 
               SECTION 18.  This Act takes effect September 1, 2015. |