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

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PUBLIC OFFICERS AND EMPLOYEES ~ 142.066 conducting private caucuses that are not open to the public during meet and confer negotiations. Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1, 2005. i ~ 142.064. Ratification and Enforceability of Agreement (a) An agreement under this subchapter is enforce- able. and binding on the public employer, the recog- nized police officers association, and the police officers covered by the meet and confer agreement only if: (1) the governing body of the municipality rati- fied the agreement by a majority vote; and (2) the recognized police officers association rati- fied the agreement by conducting a secret ballot election at which the majority of the police officers who would be covered.. by the agreement favored ratifying the agreement; . (b) A meet and confer agreement ratified as de- scribed by Subsection (a) may establish a procedure by whicl). the parties. agree to. resolve disputes related to a right, duty, or obligation provided by the agree- ment, including binding arbitration on a question in- volving interpretation of the agreement. (c) A state district court of a judicial district in which the municipality is located has jurisdiction to hear and resolve a dispute under the ratified meet and confer agreement on the: application of a party to the agreement aggrieved by an action or omission of the other party when the action or omission is related to a ri~ht, duty, or obligation provided by the agreement. The court may issue proper restraining orders, tempo- rary' and permanent injunctions, or any other writ, order, or process, including contempt orders, that are appropriate to enforcing the agreement. Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1, 2005. r f f a e l, r ~ 142.065. Action or Election to Repeal Authori- zation to Operate Under This Sub- chapter (a) The governing body of a municipality that granted recognition of a police officers association under Section 142.053 without conducting an election under Section 142.055 may withdraw recognition of the association by providing to the association not less than 90 days' written notice that: (1) the governing body is withdrawing recogni- tion of ~e association; and 1- T_ ~- .e d h it .e n (2) any agreement between the governing body and the association will not be renewed. (b) The governing body of a municipality that granted recognition of a police officers association after conducting an election. under Section 142.055 may order an election to determine whether a public employer may continue to meet and confer under this subchapter. The. governing body may not. order an election under this subsection until the second anni- versary of the date of the election under Section 142.055. (c) An election ordered under Subsection (b) must be held as part of the next regularly scheduled gener- al 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 Subsec- tion (b) shall be printed to allow voting for or against the proposition: "Autho~g (name of the municipality) to continue to operate under the state law allowing a municipality to meet and confer and make agreements with the association represent- ing municipal police officers as provided by state law, preserving the prohibition against strikes and orga- nized 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. (0 If an election ordered under Subsection (b) is held, the municipality may continue to operate under this subchapter only if a majority of the votes cast at the election favor the proposition. (g) If an election ordered under Subsection (b) 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. 1, 2005. ~. 142.066. Election to Repeal Agreement (a) Not later than the 60th day after the date a meet and confer agreement is ratified by the govern- ing body of the municipality and the recognized police officers association, 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 \ I - .."~ , l I G :1 , ~ ; :~ ; 1 ij ; ., j I I i I , 255