HBA-JRA H.B. 1883 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1883
By: Naishtat
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas allows some public employees, specifically police officers
and firefighters, to negotiate binding labor agreements with local
governing bodies.  An agreement between  a teachers' group and a school
board, however, is unenforceable.  H.B. 1883 authorizes the board of
trustees of a school district to enter into a binding agreement  relating
to compensation, hours of employment, and working conditions with a labor
organization, including a teachers' organization. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 22, Education Code, by adding
Section 22.006, as follows: 

Sec. 22.006.  LOCAL-OPTION BARGAINING.  (a)  Authorizes the board of
trustees of a school district, at the board's sole discretion, to enter
into a binding agreement with a labor organization as defined by Section
617.001 (Definitions), Government Code, notwithstanding Section 617.002
(Collective Bargaining by Public Employees Prohibited), Government Code.
Section 617.001 defines "labor organization" to mean any organization in
which employees participate and that exists in whole or in part to deal
with one or more employers concerning grievance, labor disputes, wages,
hours of employment, or working conditions. 

(b)  Authorizes an agreement under this section to contain terms relating
to compensation, hours of employment, or working conditions. 

(c)  Provides that district policy must establish the method of electing a
labor organization to represent district employees.  Requires the labor
organization elected to fairly represent each class of employees to whom
the agreement applies. 

(d)  Establishes that in negotiating an agreement under this section the
parties must meet at reasonable times and confer in good faith, are
prohibited from compelling the other party to accept a proposal or make a
concession, and are authorized to execute a written contract incorporating
any agreement reached. 

(e)  Authorizes an agreement under this section to be enforced by an action
brought in the district court of the county in which the district's central
administrative office is located or to be resolved by binding arbitration. 

(f)  Establishes that Chapter 617 (Collective Bargaining and Strikes),
Government Code, applies to the employees of a school district. 

(g)  Provides that this section does not deprive any school district
employee of any right or benefit due to the employee under the education
laws of this state. 
 
SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.