Sec. 147.009. 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 147.0031 without conducting an election under Section 147.0033 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 147.0033 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 147.0033.
(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 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."
(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 municipality may continue to operate under this chapter only if a majority of the votes cast at the election favor the proposition.
(g) If an election ordered under Subsection (b) is held, a meet and confer team may not submit a petition for recognition to the governing body of the municipality under Section 147.0031 before the second anniversary of the date of the election.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
Structure Texas Statutes
Title 5 - Matters Affecting Public Officers and Employees
Subtitle A - Municipal Officers and Employees
Section 147.001. Applicability
Section 147.003. Meet and Confer Team; Negotiations
Section 147.0031. Petition for Recognition: Election or Action by Governing Body
Section 147.0032. Certification Election
Section 147.0033. Election to Authorize Operating Under This Chapter
Section 147.0034. Withdrawal of Recognition
Section 147.0035. Recognition of Meet and Confer Team
Section 147.004. General Provisions Relating to Agreements, Recognition, and Strikes
Section 147.005. Payroll Dues Deductions
Section 147.006. Records and Meetings
Section 147.007. Enforceability of Agreement
Section 147.008. Election to Ratify Agreement
Section 147.009. Action or Election to Repeal Authorization to Operate Under This Chapter