| 1 | 1 | | 81R7285 SLB-F |
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| 2 | 2 | | By: Menendez H.B. No. 3434 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to collective bargaining by law enforcement officers and |
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| 8 | 8 | | firefighters. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 174.003, Local Government Code, is |
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| 11 | 11 | | amended by adding Subdivisions (1-a), (1-b), and (2-a) and amending |
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| 12 | 12 | | Subdivision (3) to read as follows: |
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| 13 | 13 | | (1-a) "County jailer" has the meaning assigned by |
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| 14 | 14 | | Section 1701.001, Occupations Code. |
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| 15 | 15 | | (1-b) "Detention officer" has the meaning assigned by |
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| 16 | 16 | | Section 411.048, Government Code. |
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| 17 | 17 | | (2-a) "Peace officer" has the meaning assigned by |
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| 18 | 18 | | Section 1701.001, Occupations Code. |
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| 19 | 19 | | (3) "Police officer" means a paid employee who is |
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| 20 | 20 | | sworn, certified, and full-time, and who regularly serves in a |
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| 21 | 21 | | professional law enforcement capacity for a law enforcement agency |
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| 22 | 22 | | [in the police department] of a political subdivision. The term: |
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| 23 | 23 | | (A) includes a peace officer, detention officer, |
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| 24 | 24 | | and county jailer; and |
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| 25 | 25 | | (B) does not include the chief of the law |
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| 26 | 26 | | enforcement agency [department]. |
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| 27 | 27 | | SECTION 2. Section 174.023, Local Government Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY. |
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| 30 | 30 | | (a) Fire [On adoption of this chapter or the law codified by this |
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| 31 | 31 | | chapter by a political subdivision to which this chapter applies, |
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| 32 | 32 | | fire] fighters, police officers, or both are entitled to organize |
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| 33 | 33 | | and bargain collectively with their public employer regarding |
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| 34 | 34 | | compensation, hours, and other conditions of employment. |
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| 35 | 35 | | (b) For fire fighters or police officers governed by a state |
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| 36 | 36 | | statute under which an association representing fire fighters, |
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| 37 | 37 | | police officers, or both, may enter into a meet and confer agreement |
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| 38 | 38 | | with a public employer, the association representing the fire |
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| 39 | 39 | | fighters, police officers, or both, as applicable, may, on the |
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| 40 | 40 | | expiration of a meet and confer agreement, elect at any time to |
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| 41 | 41 | | pursue collective bargaining under this chapter, except that if the |
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| 42 | 42 | | association enters into a subsequent meet and confer agreement |
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| 43 | 43 | | under another statute, the statute authorizing the meet and confer |
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| 44 | 44 | | agreement applies during the term of the agreement. |
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| 45 | 45 | | SECTION 3. Subchapter C, Chapter 174, Local Government |
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| 46 | 46 | | Code, is repealed. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2009. |
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