CHAPTER 174. FIRE AND POLICE EMPLOYEE RELATIONS
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE C. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES OF
MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 174. FIRE AND POLICE EMPLOYEE RELATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 174.001. SHORT TITLE. This chapter may be cited as The
Fire and Police Employee Relations Act.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.002. POLICY. (a) The policy of this state is that a
political subdivision shall provide its fire fighters and police
officers with compensation and other conditions of employment
that are substantially the same as compensation and conditions of
employment prevailing in comparable private sector employment.
(b) The policy of this state is that fire fighters and police
officers, like employees in the private sector, should have the
right to organize for collective bargaining, as collective
bargaining is a fair and practical method for determining
compensation and other conditions of employment. Denying fire
fighters and police officers the right to organize and bargain
collectively would lead to strife and unrest, consequently
injuring the health, safety, and welfare of the public.
(c) The health, safety, and welfare of the public demands that
strikes, lockouts, and work stoppages and slowdowns of fire
fighters and police officers be prohibited, and therefore it is
the state's duty to make available reasonable alternatives to
strikes by fire fighters and police officers.
(d) Because of the essential and emergency nature of the public
service performed by fire fighters and police officers, a
reasonable alternative to strikes is a system of arbitration
conducted under adequate legislative standards. Another
reasonable alternative, if the parties fail to agree to
arbitrate, is judicial enforcement of the requirements of this
chapter regarding compensation and conditions of employment
applicable to fire fighters and police officers.
(e) With the right to strike prohibited, to maintain the high
morale of fire fighters and police officers and the efficient
operation of the departments in which they serve, alternative
procedures must be expeditious, effective, and binding.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.003. DEFINITIONS. In this chapter:
(1) "Association" means any type of organization, including an
agency or employee representation committee or plan, in which
fire fighters, police officers, or both, participate and that
exists, in whole or in part, to deal with one or more public or
private employers concerning grievances, labor disputes, or
conditions of employment affecting fire fighters, police
officers, or both.
(2) "Fire fighter" means a permanent, paid employee of the fire
department of a political subdivision. The term does not include:
(A) the chief of the department; or
(B) a volunteer fire fighter.
(3) "Police officer" means a paid employee who is sworn,
certified, and full-time, and who regularly serves in a
professional law enforcement capacity in the police department of
a political subdivision. The term does not include the chief of
the department.
(4) "Political subdivision" includes a municipality.
(5) "Public employer" means the official or group of officials
of a political subdivision whose duty is to establish the
compensation, hours, and other conditions of employment of fire
fighters, police officers, or both, and may include the mayor,
city manager, town manager, town administrator, municipal
governing body, director of personnel, personnel board,
commissioners, or another official or combination of those
persons.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.16, eff.
Sept. 1, 1999.
Sec. 174.004. LIBERAL CONSTRUCTION. This chapter shall be
liberally construed.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.005. PREEMPTION OF OTHER LAW. This chapter preempts
all contrary local ordinances, executive orders, legislation, or
rules adopted by the state or by a political subdivision or agent
of the state, including a personnel board, civil service
commission, or home-rule municipality.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.006. EFFECT ON CIVIL SERVICE PROVISIONS. (a) A state
or local civil service provision prevails over a collective
bargaining contract under this chapter unless the collective
bargaining contract specifically provides otherwise.
(b) A civil service provision may not be repealed or modified by
arbitration or judicial action but may be interpreted or enforced
by an arbitrator or court.
(c) This chapter does not limit the authority of a municipal
fire chief or police chief under Chapter 143 except as modified
by the parties through collective bargaining.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.007. EFFECT ON EXISTING BENEFITS. This chapter may not
be construed as repealing any existing benefit provided by
statute or ordinance concerning fire fighters' or police
officers' compensation, pensions, retirement plans, hours of
work, conditions of employment, or other emoluments. This chapter
is in addition to the benefits provided by existing statutes and
ordinances.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.008. WAIVER OF IMMUNITY. This chapter is binding and
enforceable against the employing public employer, and sovereign
or governmental immunity from suit and liability is waived only
to the extent necessary to enforce this chapter against that
employer.
Added by Acts 2007, 80th Leg., R.S., Ch.
1200, Sec. 2, eff. June 15, 2007.
SUBCHAPTER B. CONDITIONS OF EMPLOYMENT AND RIGHT TO ORGANIZE
Sec. 174.021. PREVAILING WAGE AND WORKING CONDITIONS REQUIRED.
A political subdivision that employs fire fighters, police
officers, or both, shall provide those employees with
compensation and other conditions of employment that are:
(1) substantially equal to compensation and other conditions of
employment that prevail in comparable employment in the private
sector; and
(2) based on prevailing private sector compensation and
conditions of employment in the labor market area in other jobs
that require the same or similar skills, ability, and training
and may be performed under the same or similar conditions.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.022. CERTAIN PUBLIC EMPLOYERS CONSIDERED TO BE IN
COMPLIANCE. (a) A public employer that has reached an agreement
with an association on compensation or other conditions of
employment as provided by this chapter is considered to be in
compliance with the requirements of Section 174.021 as to the
conditions of employment for the duration of the agreement.
(b) If an arbitration award is rendered as provided by
Subchapter E, the public employer involved is considered to be in
compliance with the requirements of Section 174.021 as to the
conditions of employment provided by the award for the duration
of the collective bargaining period to which the award applies.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY. On
adoption of this chapter or the law codified by this chapter by a
political subdivision to which this chapter applies, fire
fighters, police officers, or both are entitled to organize and
bargain collectively with their public employer regarding
compensation, hours, and other conditions of employment.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
SUBCHAPTER C. ADOPTION AND REPEAL OF COLLECTIVE BARGAINING
PROVISIONS
Sec. 174.051. ADOPTION ELECTION. (a) The governing body of a
political subdivision to which this chapter applies shall order
an election for the adoption of this chapter on receiving a
petition signed by qualified voters of the political subdivision
in a number equal to or greater than the lesser of:
(1) 20,000; or
(2) five percent of the number of qualified voters voting in the
political subdivision in the preceding general election for state
and county officers.
(b) The governing body shall hold the election on the first
authorized uniform election date prescribed by Chapter 41,
Election Code, that allows sufficient time for compliance with
any requirements established by law.
(c) The ballot in the election shall be printed to provide for
voting for or against the proposition: "Adoption of the state law
applicable to (fire fighters, police officers, or both, as
applicable) that establishes collective bargaining if a majority
of the affected employees favor representation by an employees
association, preserves the prohibition against strikes and
lockouts, and provides penalties for strikes and lockouts."
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.052. EFFECT OF SUCCESSFUL ADOPTION ELECTION. If a
majority of the votes cast in an election under Section 174.051
favor adoption of this chapter, the governing body shall place
this chapter in effect not later than the 30th day after the
beginning of the first fiscal year of the political subdivision
after the election.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.053. REPEAL ELECTION. (a) The governing body of a
political subdivision in which the collective bargaining
provisions of this chapter have been in effect for at least one
year shall order an election for the repeal of the adoption of
this chapter on receiving a petition signed by qualified voters
of the political subdivision in a number equal to or greater than
the lesser of:
(1) 20,000; or
(2) five percent of the number of qualified voters voting in the
political subdivision in the preceding general election for state
and county officers.
(b) The ballot in the election shall be printed to provide for
voting for or against the proposition: "Repeal of the adoption of
the state law applicable to (fire fighters, police officers, or
both, as applicable) that establishes collective bargaining if a
majority of the affected employees favor representation by an
employees association, preserves the prohibition against strikes
and lockouts, and provides penalties for strikes and lockouts."
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.054. EFFECT OF SUCCESSFUL REPEAL ELECTION. If a
majority of the votes cast in an election under Section 174.053
favor repeal of the adoption of this chapter, the collective
bargaining provisions of this chapter are void as to the
political subdivision.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.055. FREQUENCY OF ELECTIONS. If an election for the
adoption or the repeal of the adoption of this chapter is held
under this subchapter, a like petition for a subsequent election
may not be submitted before the first anniversary of the date of
the preceding election.
Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
SUBCHAPTER D. COLLECTIVE BARGAINING
Sec. 174.101. RECOGNITION OF BARGAINING AGENT FOR FIRE FIGHTERS.
A public employer shall recognize an association selected by a
majority of the fire fighters of the fire department of a
political subdivision as the exclusive bargaining agent for the
fire fighters of that department unless a majority of the fire
fighters withdraw the recognition.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.102. RECOGNITION OF BARGAINING AGENT FOR POLICE
OFFICERS. 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.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.103. SINGLE BARGAINING AGENT FOR FIRE FIGHTERS AND
POLICE OFFICERS. (a) Except as provided by Subsection (b), the
fire and police departments of a political subdivision are
separate collective bargaining units under this chapter.
(b) Associations that represent employees in the fire and police
departments of a political subdivision may voluntarily join
together for collective bargaining with the public employer.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.104. QUESTION REGARDING REPRESENTATION. (a) A
question of whether an association is the majority representative
of the employees of a department under Sections 174.101-174.103
shall be resolved by a fair election conducted according to
procedures agreed on by the parties.
(b) If the parties are unable to agree on election procedures
under Subsection (a), either party may request the American
Arbitration Association to conduct the election and certify the
results. Certification of the results of an election under this
section shall resolve the question regarding representation. The
public employer shall pay the expenses of the election, except
that if two or more associations seek recognition as the
bargaining agent, the associations shall pay the costs of the
election equally.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.105. DUTY TO BARGAIN COLLECTIVELY IN GOOD FAITH. (a)
If the fire fighters, police officers, or both of a political
subdivision are represented by an association as provided by
Sections 174.101-174.104, the public employer and the association
shall bargain collectively.
(b) For purposes of this section, the duty to bargain
collectively means a public employer and an association shall:
(1) meet at reasonable times;
(2) confer in good faith regarding compensation, hours, and
other conditions of employment or the negotiation of an agreement
or a question arising under an agreement; and
(3) execute a written contract incorporating any agreement
reached, if either party requests a written contract.
(c) This section does not require a public employer or an
association to:
(1) agree to a proposal; or
(2) make a concession.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.106. DESIGNATION OF NEGOTIATOR. A public employer or
an association may designate one or more persons to negotiate or
bargain on its behalf.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.107. NOTICE TO PUBLIC EMPLOYER REGARDING CERTAIN
ISSUES. If compensation or another matter that requires an
appropriation of money by any governing body is included for
collective bargaining under this chapter, an association shall
serve on the public employer a written notice of its request for
collective bargaining at least 120 days before the date on which
the public employer's current fiscal operating budget ends.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.108. OPEN DELIBERATIONS. A deliberation relating to
collective bargaining between a public employer and an
association, a deliberation by a quorum of an association
authorized to bargain collectively, or a deliberation by a member
of a public employer authorized to bargain collectively shall be
open to the public and comply with state law.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.109. EFFECT OF AGREEMENT. An agreement under this
chapter is binding and enforceable against a public employer, an
association, and a fire fighter or police officer covered by the
agreement.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
SUBCHAPTER E. MEDIATION; ARBITRATION
Sec. 174.151. MEDIATION. (a) A public employer and an
association that is a bargaining agent may use mediation to
assist them in reaching an agreement.
(b) If a mediator is used, then a mediator may be appointed by
agreement of the parties or by an appropriate state agency.
(c) A mediator may:
(1) hold separate or joint conferences as the mediator considers
expedient to settle issues voluntarily, amicably, and
expeditiously; and
(2) notwithstanding Subsection (d), recommend or suggest to the
parties any proposal or procedure that in the mediator's judgment
might lead to settlement.
(d) A mediator may not:
(1) make a public recommendation on any negotiation issue in
connection with the mediator's service; or
(2) make a public statement or report that evaluates the
relative merits of the parties' positions.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.152. IMPASSE. (a) For purposes of this subchapter, an
impasse in the collective bargaining process is considered to
have occurred if the parties do not settle in writing each issue
in dispute before the 61st day after the date on which the
collective bargaining process begins.
(b) The period specified in Subsection (a) may be extended by
written agreement of the parties. An extension must be for a
definite period not to exceed 15 days.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.153. REQUEST FOR ARBITRATION; AGREEMENT TO ARBITRATE.
(a) A public employer or an association that is a bargaining
agent may request the appointment of an arbitration board if:
(1) the parties:
(A) reach an impasse in collective bargaining; or
(B) are unable to settle after the appropriate lawmaking body
fails to approve a contract reached through collective
bargaining;
(2) the parties made every reasonable effort, including
mediation, to settle the dispute through good-faith collective
bargaining; and
(3) the public employer or association gives written notice to
the other party, specifying the issue in dispute.
(b) A request for arbitration must be made not later than the
fifth day after:
(1) the date an impasse was reached under Section 174.152; or
(2) the expiration of an extension period under Section 174.152.
(c) An election by both parties to arbitrate must:
(1) be made not later than the fifth day after the date
arbitration is requested; and
(2) be a written agreement to arbitrate.
(d) A party may not request arbitration more than once in a
fiscal year.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.154. ARBITRATION BOARD. (a) Not later than the fifth
day after the date an agreement to arbitrate is executed, each
party shall:
(1) select one arbitrator; and
(2) immediately notify the other party in writing of the name
and address of the arbitrator selected.
(b) Not later than the 10th day after the date an agreement to
arbitrate is executed, the arbitrators named under Subsection (a)
shall attempt to select a third (neutral) arbitrator. If the
arbitrators are unable to agree on a third arbitrator, either
party may request the American Arbitration Association to select
the third arbitrator, and the American Arbitration Association
may appoint the third arbitrator according to its fair and
regular procedures. Unless both parties consent, the third
arbitrator may not be the same individual who served as a
mediator under Section 174.151.
(c) The arbitrator selected under Subsection (b) presides over
the arbitration board.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.155. ARBITRATION HEARING. (a) A presiding arbitrator
shall:
(1) call a hearing to be held not later than the 10th day after
the date on which the presiding arbitrator is appointed; and
(2) notify the other arbitrators, the public employer, and the
association in writing of the time and place of the hearing, not
later than the eighth day before the hearing.
(b) An arbitration hearing shall end not later than the 20th day
after the date the hearing begins.
(c) An arbitration hearing shall be informal.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.156. SCOPE OF ARBITRATION. (a) The issues to be
arbitrated are all matters the parties are unable to resolve
through collective bargaining and mediation procedures required
by this chapter.
(b) An arbitration board shall render an award in accordance
with the requirements of Section 174.021. In settling disputes
relating to compensation, hours, and other conditions of
employment, the board shall consider:
(1) hazards of employment;
(2) physical qualifications;
(3) educational qualifications;
(4) mental qualifications;
(5) job training;
(6) skills; and
(7) other factors.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.157. EVIDENCE; OATH; SUBPOENA. (a) The rules of
evidence applicable to judicial proceedings are not binding in an
arbitration hearing.
(b) An arbitration board may:
(1) receive in evidence any documentary evidence or other
information the board considers relevant;
(2) administer oaths; and
(3) issue subpoenas to require:
(A) the attendance and testimony of witnesses; and
(B) the production of books, records, and other evidence
relevant to an issue presented to the board for determination.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.158. ARBITRATION AWARD. (a) Not later than the 10th
day after the end of the hearing, an arbitration board shall:
(1) make written findings; and
(2) render a written award on the issues presented to the board.
(b) A copy of the findings and award shall be mailed or
delivered to the public employer and the association.
(c) An increase in compensation awarded by an arbitration board
under this subchapter may take effect only at the beginning of
the next fiscal year after the date of the award.
(d) If a new fiscal year begins after the initiation of
arbitration procedures under this subchapter, Subsection (c) does
not apply and an increase in compensation may be retroactive to
the beginning of the fiscal year.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.159. EFFECT OF AWARD. If a majority decision of an
arbitration board is supported by competent, material, and
substantial evidence on the whole record, the decision:
(1) is final and binding on the parties; and
(2) may be enforced by either party or the arbitration board in
a district court for the judicial district in which a majority of
the affected employees reside.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.160. AMENDMENT OF AWARD. The parties to an arbitration
award may amend the award by written agreement at any time.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.161. BEGINNING OF NEW FISCAL YEAR. If a new fiscal
year begins after the initiation of arbitration procedures under
this subchapter but before an award is rendered or enforced:
(1) the dispute is not moot;
(2) the jurisdiction of the arbitration board is not impaired;
and
(3) the arbitration award is not impaired.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.162. EXTENSION OF PERIOD. A period specified by
Section 174.155 or 174.158 may be extended:
(1) by the written agreement of the parties for a reasonable
period; or
(2) by the arbitration board for good cause for one or more
periods that in the aggregate do not exceed 20 days.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED. This chapter
does not require compulsory arbitration.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.164. COMPENSATION OF ARBITRATORS; EXPENSES OF
ARBITRATION. (a) The compensation of an arbitrator selected by
a public employer shall be paid by the public employer.
(b) The compensation, if any, of an arbitrator selected by fire
fighters, police officers, or both shall be paid by the
association representing the employees.
(c) The public employer and the association representing the
employees shall jointly pay in even proportions:
(1) the compensation of the neutral arbitrator; and
(2) the stenographic and other expenses incurred by the
arbitration board in connection with the arbitration proceedings.
(d) If a party to arbitration requires a transcript of the
arbitration proceedings, the party shall pay the cost of the
transcript.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
SUBCHAPTER F. STRIKES; LOCKOUTS
Sec. 174.201. DEFINITION. In this subchapter, "strike" means
failing to report for duty in concerted action with others,
wilfully being absent from one's position, stopping work,
abstaining from the full, faithful, and proper performance of the
duties of employment, or interfering with the operation of a
municipality in any manner, to induce, influence, or coerce a
change in the conditions, compensation, rights, privileges, or
obligations of employment.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.202. STRIKES, SLOWDOWNS, AND LOCKOUTS PROHIBITED. (a)
A fire fighter or police officer may not engage in a strike or
slowdown.
(b) A lockout of fire fighters or police officers is prohibited.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.203. LOCKOUT BY MUNICIPALITY; INJUNCTION; PENALTY. If
a municipality or its designated agent or a department or agency
head engages in a lockout of fire fighters or police officers, a
court shall:
(1) prohibit the lockout;
(2) impose a fine not to exceed $2,000 on any individual
violator; or
(3) both prohibit the lockout and impose the fine.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.204. STRIKE; PENALTY AGAINST ASSOCIATION. (a) A
district court for the judicial district in which a municipality
is located that finds that an association has called, ordered,
aided, or abetted a strike by fire fighters or police officers
shall:
(1) impose a fine on the association for each day of the strike
equal to 1/26 of the total of the association's annual membership
dues, but not less than $2,500 nor more than $20,000; and
(2) order the forfeiture of any membership dues checkoff for a
specified period not to exceed 12 months.
(b) If the court finds that the municipality or its
representative engaged in acts of extreme provocation that
detract substantially from the association's responsibility for
the strike, the court may reduce the amount of the fine.
(c) An association that appeals a fine under Subsection (b) is
not required to pay the fine until the appeal is finally
determined.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.205. STRIKE; PENALTY AGAINST INDIVIDUAL. If a fire
fighter or police officer engages in a strike, interferes with
the municipality, prevents the municipality from engaging in its
duty, directs any employee of the municipality to decline to work
or to stop or slow down work, causes another to fail or refuse to
deliver goods or services to the municipality, pickets for any of
those unlawful acts, or conspires to perform any of those acts:
(1) the fire fighter's or police officer's compensation in any
form may not increase in any manner until after the first
anniversary of the date the individual resumes normal working
duties; and
(2) the fire fighter or police officer shall be on probation for
two years regarding civil service status, tenure of employment,
or contract of employment to which the individual was previously
entitled.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
SUBCHAPTER G. JUDICIAL ENFORCEMENT AND REVIEW
Sec. 174.251. JUDICIAL ENFORCEMENT GENERALLY. A district court
for the judicial district in which a municipality is located, on
the application of a party aggrieved by an act or omission of the
other party that relates to the rights or duties under this
chapter, may issue a restraining order, temporary or permanent
injunction, contempt order, or other writ, order, or process
appropriate to enforce this chapter.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.252. JUDICIAL ENFORCEMENT WHEN PUBLIC EMPLOYER DECLINES
ARBITRATION. (a) If an association requests arbitration as
provided by Subchapter E and a public employer refuses to engage
in arbitration, on the application of the association, a district
court for the judicial district in which a majority of affected
employees reside may enforce the requirements of Section 174.021
as to any unsettled issue relating to compensation or other
conditions of employment of fire fighters, police officers, or
both.
(b) If the court finds that the public employer has violated
Section 174.021, the court shall:
(1) order the public employer to make the affected employees
whole as to the employees' past losses;
(2) declare the compensation or other conditions of employment
required by Section 174.021 for the period, not to exceed one
year, as to which the parties are bargaining; and
(3) award the association reasonable attorney's fees.
(c) The court costs of an action under this section, including
costs for a master if one is appointed, shall be taxed to the
public employer.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.
Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD. (a) An
award of an arbitration board may be reviewed by a district court
for the judicial district in which the municipality is located
only on the grounds that:
(1) the arbitration board was without jurisdiction;
(2) the arbitration board exceeded its jurisdiction;
(3) the order is not supported by competent, material, and
substantial evidence on the whole record; or
(4) the order was obtained by fraud, collusion, or similar
unlawful means.
(b) The pendency of a review proceeding does not automatically
stay enforcement of the arbitration board's order.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1,
1993.