09-18-06 Ad Hoc Meet and Confer Law Review Committee

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'" PUBLIC OFFICERS AND EMPLOYEES ~ 142.058 any petition shall share equally the costs of the elec- tion. Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. I, 2005. ~ 142.055. Election to Authorize Operating Under This Subchapter (a) The governing body of a municipality that re- ceives a petition for recognition under Section 142.053 may order an election to determine whether a public employer may meet and confer under this subchapter. (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 prepare the ballot in compliance with other requirements of law. (c) The ballot for an election ordered under this section shall be printed to permit voting for or against the proposition: "AuthorUdng (name of the municipality) to operate under the state law allow- ing a municipality to meet and confer and make agreements with the association representing munici- pal 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." (d) An election called under this section mlist be held and the returns prepared and canvassed in con- formity with the Election Code. (e) If an election authorized under this section is held, the municipality may operate under the other provisions of this subchapter only if a majority of the votes east at the election favor the proposition. (f) If an election authorized under this section is held, an association may not submit a petition for recognition to the governing body. of the municipality under Section 142.053 before the second anniversary of the date of the election. Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. I, 2005. ~ 142.056. Change or Modification of Recognition (a) The police officers may modify or change the recognition of the association granted under this sub- chapter by filing with the governing body of the municipality a petition signed by a majority of all covered police officers. (b) The governing body of the municipality may: (1) recognize the change or modification as pro- vided by the petition; or (2) order a certification' election in accordance with Section 142.054 regarding whether to do so. Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. I, 2005. ~ 142.057. Strikes Prohibited (a) A police officer employed by a municipality may not engage in a strike or organized work stoppage against this state or the municipality. (b) A police officer who participates in a strike forfeits any civil service rights, reempioyment rights, and other rights, benefits, or privileges the police officer may have as a result of the officer's employ- ment or prior employment with the municipality. (c) This section does not affect the right of a person to cease work if the person is. not acting in concert with others in an.organized work stoppage. Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1, 2005. ~ 142.058. Recognition of Police Officers Associa- tion (a) A public employer in a municipality that chooses to meet and confer under this subchapter shall recog- nize an association that is recognized under Section 142.053 or 142.054 as the sole and exclusive bargaining agent for the covered police officers described in the petition for recognition, excluding the head of the law enforcement agency and excluding the employees ex- empt under Subsection (b), in accordance with this subchapter and the petition. (b) For the purposes of Subsection (a), exempt em- ployees are the employees appointed by the head of the law enforcement agency of the municipality .under Section 143.014 or that are exempt by the mutual agreement of the recognized police officers association and the public employer. (c) The public employer shall recognize the police officers association until recognition of the association is withdrawn, in accordance with Section 142.056, by a majority of the police officers eligible to sign a petition for recognition. Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff' Sept. 1, 2005. 253