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.