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.