Texas Local Government Code Title 5, Chapter 174 - Fire And Police Employee Relations

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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....
• Texas Section 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...
• Texas Section 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,...
• Texas Section 174.004 - Liberal Construction
  This chapter shall be liberally construed. Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...

SUBCHAPTER B CONDITIONS OF EMPLOYMENT AND RIGHT TO ORGANIZE

• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...

SUBCHAPTER C ADOPTION AND REPEAL OF COLLECTIVE BARGAINING PROVISIONS

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D COLLECTIVE BARGAINING

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER E MEDIATION; ARBITRATION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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.

SUBCHAPTER F STRIKES; LOCKOUTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G JUDICIAL ENFORCEMENT AND REVIEW

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016