By Naishtat                                     H.B. No. 2077

      75R6972 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to local-option bargaining by boards of trustees of public

 1-3     school districts.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 22, Education Code, is

 1-6     amended by adding Section 22.006 to read as follows:

 1-7           Sec. 22.006.  LOCAL-OPTION BARGAINING.  (a)  Notwithstanding

 1-8     Section 617.002, Government Code, the board of trustees of a school

 1-9     district may, at the board's sole discretion, enter into a binding

1-10     agreement with a labor organization as defined by Section 617.001,

1-11     Government Code.

1-12           (b)  An agreement under this section may contain terms

1-13     relating to compensation, hours of employment, or working

1-14     conditions.

1-15           (c)  The method of electing a labor organization to represent

1-16     district employees must be established by district policy.  A labor

1-17     organization elected to represent district employees in negotiating

1-18     an agreement under this section shall fairly represent each class

1-19     of employees to whom the agreement applies.

1-20           (d)  In negotiating an agreement under this section:

1-21                 (1)  the parties must meet at reasonable times and must

1-22     confer in good faith;

1-23                 (2)  neither party may be compelled to accept a

1-24     proposal or make a concession; and

 2-1                 (3)  the parties may execute a written contract

 2-2     incorporating any agreement reached.

 2-3           (e)  An agreement under this section may be enforced by an

 2-4     action brought in the district court of the county in which the

 2-5     district's central administrative office is located or the parties

 2-6     may agree to procedures under which any dispute is resolved by

 2-7     binding arbitration.

 2-8           (f)  Except as provided by Subsection (a), Chapter 617,

 2-9     Government Code, applies to the employees of a school district.

2-10           (g)  This section does not deprive any school district

2-11     employee of any right or benefit due to the employee under the

2-12     education laws of this state.

2-13           SECTION 2.  This Act takes effect September 1, 1997.

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.