Texas 2015 - 84th Regular

Texas House Bill HB4042 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11239 MAW-F
2	2	By: Alvarado H.B. No. 4042
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to collective bargaining for firefighters and police
8	8	officers, including county jailers and detention officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 174.102, Local Government Code, is
11	11	amended to read as follows:
12	12	Sec. 174.102. RECOGNITION OF BARGAINING AGENT FOR POLICE
13	13	OFFICERS. (a) Except as provided by Subsection (b), a [A] public
14	14	employer shall recognize an association selected by a majority of
15	15	the police officers of the police department of a political
16	16	subdivision as the exclusive bargaining agent for the police
17	17	officers of that department unless a majority of the police
18	18	officers withdraw the recognition.
19	19	(b) A majority of the county jailers and detention officers
20	20	of a sheriff's department may select an association as the
21	21	exclusive bargaining agent for the county jailers and detention
22	22	officers, and the sheriff's department shall recognize the
23	23	association unless a majority of the county jailers and detention
24	24	officers withdraw the recognition. If the county jailers and
25	25	detention officers select an exclusive bargaining agent under this
26	26	subsection:
27	27	(1) the county jailers and detention officers of the
28	28	sheriff's department and the peace officers of that department are
29	29	separate collective bargaining units under this chapter; and
30	30	(2) the association that represents the county jailers
31	31	and detention officers and the association that represents the
32	32	peace officers may voluntarily join together for collective
33	33	bargaining with the sheriff's department.
34	34	SECTION 2. Section 174.109, Local Government Code, is
35	35	amended to read as follows:
36	36	Sec. 174.109. RATIFICATION AND ENFORCEABILITY [EFFECT] OF
37	37	AGREEMENT. (a) An agreement under this subchapter [chapter] is
38	38	binding and enforceable against a public employer, an association,
39	39	and a fire fighter or police officer covered by the agreement if:
40	40	(1) the governing body of the political subdivision
41	41	ratified the agreement by a majority vote; and
42	42	(2) the association ratified the agreement by
43	43	conducting a secret ballot election at which the majority of the
44	44	employees covered by the agreement favored ratifying the agreement.
45	45	(b) An agreement ratified as described by Subsection (a) may
46	46	establish a procedure by which the parties agree to resolve
47	47	disputes related to a right, duty, or obligation provided by the
48	48	agreement, including binding arbitration on a question involving
49	49	interpretation of the agreement.
50	50	(c) A state district court of a judicial district in which
51	51	the political subdivision is located has jurisdiction to hear and
52	52	resolve a dispute under the ratified agreement on the application
53	53	of a party to the agreement aggrieved by an action or omission of
54	54	the other party when the action or omission is related to a right,
55	55	duty, or obligation provided by the agreement. The court may issue
56	56	proper restraining orders, temporary and permanent injunctions, or
57	57	any other writ, order, or process, including a contempt order, that
58	58	is appropriate to enforcing the agreement.
59	59	SECTION 3. This Act takes effect September 1, 2015.