84R11239 MAW-F
By: Alvarado H.B. No. 4042
A BILL TO BE ENTITLED
AN ACT
relating to collective bargaining for firefighters and police
officers, including county jailers and detention officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 174.102, Local Government Code, is
amended to read as follows:
Sec. 174.102. RECOGNITION OF BARGAINING AGENT FOR POLICE
OFFICERS. (a) Except as provided by Subsection (b), a [A] public
employer shall recognize an association selected by a majority of
the police officers of the police department of a political
subdivision as the exclusive bargaining agent for the police
officers of that department unless a majority of the police
officers withdraw the recognition.
(b) A majority of the county jailers and detention officers
of a sheriff's department may select an association as the
exclusive bargaining agent for the county jailers and detention
officers, and the sheriff's department shall recognize the
association unless a majority of the county jailers and detention
officers withdraw the recognition. If the county jailers and
detention officers select an exclusive bargaining agent under this
subsection:
(1) the county jailers and detention officers of the
sheriff's department and the peace officers of that department are
separate collective bargaining units under this chapter; and
(2) the association that represents the county jailers
and detention officers and the association that represents the
peace officers may voluntarily join together for collective
bargaining with the sheriff's department.
SECTION 2. Section 174.109, Local Government Code, is
amended to read as follows:
Sec. 174.109. RATIFICATION AND ENFORCEABILITY [EFFECT] OF
AGREEMENT. (a) An agreement under this subchapter [chapter] is
binding and enforceable against a public employer, an association,
and a fire fighter or police officer covered by the agreement if:
(1) the governing body of the political subdivision
ratified the agreement by a majority vote; and
(2) the association ratified the agreement by
conducting a secret ballot election at which the majority of the
employees covered by the agreement favored ratifying the agreement.
(b) An agreement ratified as described by Subsection (a) may
establish a procedure by which the parties agree to resolve
disputes related to a right, duty, or obligation provided by the
agreement, including binding arbitration on a question involving
interpretation of the agreement.
(c) A state district court of a judicial district in which
the political subdivision is located has jurisdiction to hear and
resolve a dispute under the ratified 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 right,
duty, or obligation provided by the agreement. The court may issue
proper restraining orders, temporary and permanent injunctions, or
any other writ, order, or process, including a contempt order, that
is appropriate to enforcing the agreement.
SECTION 3. This Act takes effect September 1, 2015.