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<br />
<br />I
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<br />~ 142.059
<br />
<br />LOCAL GOVERNMENT CODE
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<br />I
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<br />A 142.059. General Provisions Relating to Agree-
<br />ments
<br />
<br />(a) A municipality acting under this subchapter
<br />may not be denied local control over the wages, sala-
<br />ries, rates of pay, hours of work, or other terms and
<br />conditions of employment to the extent the public
<br />employer and the police officers association recognized
<br />as the sole and exclusive bargaining agent under this
<br />subchapter agree as provided by this subchapter, if
<br />the agreement is ratified and not withdrawn in accor-
<br />dance with this subchapter. Applicable statutes and
<br />applicable local orders, ordinances, and civil service
<br />rules apply to an issuel not governed by the meet and
<br />confer agreement.
<br />
<br />(b) A meet and confer agreement under this sub-
<br />chapter must be written.
<br />
<br />(c) This subchapter does not require a public em-
<br />ployer or a recognized police officers association to
<br />meet and confer on any issue or reach an agreement.
<br />
<br />(d) A public employer and the recognized police
<br />officers association may meet and confer only if the
<br />association does. not advocate an illegal strike by
<br />public employees.
<br />
<br />(e) While a meet and confer agreement under this
<br />subchapter between the public employer and the rec-
<br />ognized police officers association is in effect, the
<br />public employer may not accept a petition, with regard
<br />to the police officers of the municipality requesting an
<br />election to adopt: .
<br />
<br />(1) municipal civil service under Chapter 143; or
<br />
<br />(2) collective bargaining under Chapter 174.
<br />
<br />Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
<br />2005.
<br />
<br />A 142.060. Selection of Bargaining Agent; Bar-
<br />gaining Unit
<br />
<br />(a) The public employer's chief executive officer or
<br />the chief executive officer's designee shall select one
<br />or more persons to represent the public employer as
<br />its sole and exclusive bargaining agent to meet and
<br />confer on issues related to the wages, hours of em-
<br />ployment, and ,other terms and conditions of employ-
<br />ment of police officers, by the municipality.
<br />
<br />(b) A police officers association may designate one
<br />or more persons to negotiate or bargain on the associ-
<br />ation's behalf.
<br />
<br />(c) A municipality's bargaining unit is composed of
<br />all the police officers of the municipality who are not
<br />
<br />the head of the law enforcement agency or exempt
<br />under Section 142.058(b).
<br />
<br />Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
<br />2005.
<br />
<br />A 142.061. Protected Rights of Police Officer
<br />
<br />(a) For any disciplinary appeal, a member of the
<br />municipality's bargaining unit may be represented by
<br />the police officers association or by any person the
<br />member selects.
<br />
<br />(b) A meet and confer agreement ratified under
<br />this subchapter may not interfere with the right of a
<br />member of a bargaining unit to pursue allegations of
<br />discrimination. based on race, creed, color, national
<br />origin, religion, age, sex, or disability with the Texas
<br />Workforce Commission civil rights division or the
<br />federal Equal Employment Opportunity Commission
<br />or to pursue affirmative action litigation.
<br />
<br />Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
<br />2005.
<br />
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<br />2005.
<br />
<br />A 142.
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<br />
<br />A 142.062. Open Records
<br />
<br />(a) A proposed meet and confer agreement and a
<br />document prepared and used by the municipality,
<br />including a public employer, in connection with the
<br />proposed agreement are available to the public under
<br />Chapter 552, Government Code, only after the agree-
<br />ment is ready to be ratified by the governing body of
<br />the municipality.
<br />
<br />(b) This section does not affect the application of
<br />Subchapter C, Chapter 552, Government Code, 1 to a
<br />document prepared and used in connection with the
<br />agreement.
<br />
<br />Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
<br />2005.
<br />
<br />1 V.T.CA, Government Code, ~ 552.101 et seq.
<br />
<br />(c)
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<br />
<br />A 142.063. Ollen Deliberations
<br />
<br />(a) Deliberations relating to a meet and confer
<br />agreement or proposed agreement under this sub-
<br />chapter between representatives of the public employ-
<br />er and representatives of the police officers associa-
<br />tion elected by a majority vote of the officers to be the
<br />sole and exclusive bargaining agent of the covered
<br />officers must be open to the public and comply with
<br />state law.
<br />
<br />(b) Subsection (a) may not be construed to prohibit
<br />the representatives of the public employer or the
<br />representatives of the police officers association from
<br />
<br />A 14
<br />
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<br />
<br />254
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