79R3580 YDB-D

By:  Gonzales                                                     H.B. No. 1152


A BILL TO BE ENTITLED
AN ACT
relating to representation elections conducted under The Fire and Police Employee Relations Act. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 174.104, Local Government Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows: (b) If two or more associations seek recognition as the bargaining agent, a question is considered to have been raised under Subsection (a) if two or more associations present to the public employer proof that at least 30 percent of the department employees support selection of the association as the exclusive bargaining agent for the employees under Sections 174.101-174.103. (c) If the parties are unable to agree on election procedures under Subsection (a), any [either] party may request the American Arbitration Association to conduct the election and certify the results. If the American Arbitration Association conducts an election under this subsection, the association must hold an arbitration hearing to determine the election procedures and conduct the election in accordance with those procedures. Certification of the results of an election under this section shall resolve the question regarding representation. (d) The public employer shall pay the expenses of an [the] election under this section, except that if two or more associations seek recognition as the bargaining agent, the associations shall pay the costs of the election equally. SECTION 2. This Act takes effect September 1, 2005.