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 Subchapter C, Chapter 174, Local Government Code, is repealed.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