reglab/statecodes huggingface dataset:
2023 Texas Statutes › 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 D. Collective Bargaining › Section 174.104. Question Regarding Representation

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.
2023 Texas Statutes › 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 D. Collective Bargaining › Section 174.105. Duty to Bargain Collectively in Good Faith

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.
2023 Texas Statutes › 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 D. Collective Bargaining › Section 174.106. Designation of Negotiator

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.
2023 Texas Statutes › 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 D. Collective Bargaining › Section 174.107. Notice to Public Employer Regarding Certain Issues

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.
2023 Texas Statutes › 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 D. Collective Bargaining › Section 174.108. Open Deliberations

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.
2023 Texas Statutes › 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 D. Collective Bargaining › Section 174.109. Effect of Agreement

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.151. Mediation

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.152. Impasse

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.153. Request for Arbitration; Agreement to Arbitrate

Sec. 174.153.  REQUEST FOR ARBITRATION;  AGREEMENT TO ARBITRATE.  (a)  Except as provided by Section 174.1535, 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 342 (S.B. 736), Sec. 1, eff. June 2, 2023.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.1535. Mandatory Arbitration

Sec. 174.1535.  MANDATORY ARBITRATION.  (a)  This section applies only to:
(1)  a fire department that serves a municipality with a population of 1.9 million or more; and
(2)  an association that is a bargaining agent for the employees of a fire department described by Subdivision (1).
(b)  A public employer and an association that is a bargaining agent shall submit to binding interest arbitration if the parties:
(1)  reach an impasse in collective bargaining; or
(2)  are unable to settle after the 61st day after the date the appropriate lawmaking body fails to approve a contract reached through collective bargaining.
(c)  Each party shall send to the other party a written notice specifying each issue in dispute for purposes of binding  arbitration not later than the fifth day after:
(1)  the date an impasse was reached under Section 174.152;
(2)  the expiration of an extension period under Section 174.152; or
(3)  the expiration of the period described by Subsection (b)(2).
(d)  A notice under Subsection (c) is considered sent on the date the notice is placed in the mail, personally delivered, or transmitted by e-mail or any other means of electronic transfer.
Added by Acts 2023, 88th Leg., R.S., Ch. 342 (S.B. 736), Sec. 2, eff. June 2, 2023.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.154. Arbitration Board

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.155. Arbitration Hearing

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.156. Scope of Arbitration

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.157. Evidence; Oath; Subpoena

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.158. Arbitration Award

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.159. Effect of Award

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.160. Amendment of Award

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.161. Beginning of New Fiscal Year

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.162. Extension of Period

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.163. Compulsory Arbitration Not Required

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.
2023 Texas Statutes › 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 E. Mediation; Arbitration › Section 174.164. Compensation of Arbitrators; Expenses of Arbitration

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.
2023 Texas Statutes › 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 F. Strikes; Lockouts › Section 174.201. Definition

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.
2023 Texas Statutes › 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 F. Strikes; Lockouts › Section 174.202. Strikes, Slowdowns, and Lockouts Prohibited

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.
2023 Texas Statutes › 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 F. Strikes; Lockouts › Section 174.203. Lockout by Municipality; Injunction; Penalty

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.
2023 Texas Statutes › 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 F. Strikes; Lockouts › Section 174.204. Strike; Penalty Against Association

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.
2023 Texas Statutes › 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 F. Strikes; Lockouts › Section 174.205. Strike; Penalty Against Individual

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.
2023 Texas Statutes › 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 G. Judicial Enforcement and Review › Section 174.251. Judicial Enforcement Generally

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.
2023 Texas Statutes › 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 G. Judicial Enforcement and Review › Section 174.252. Judicial Enforcement When Public Employer Declines Arbitration

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.
2023 Texas Statutes › 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 G. Judicial Enforcement and Review › Section 174.253. Judicial Review of Arbitration Award

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.
2023 Texas Statutes › 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 175 - Right of Employees of Certain Political Subdivisions to Purchase Continued Health Coverage at Retirement › Section 175.001. Applicability

Sec. 175.001.  APPLICABILITY.  (a)  In this section, "township" means a special district with territory that only includes a census designated place, as designated by the United States Bureau of the Census.
(b)  This chapter applies to a person who:
(1)  retires from:
(A)  county employment in a county with a population of 75,000 or more;
(B)  employment by an appraisal district in a county with a population of 75,000 or more;
(C)  municipal employment in a municipality with a population of 25,000 or more;
(D)  employment as a firefighter or emergency medical services provider by an emergency services district located wholly or partly in a county with a population of 150,000 or more; or
(E)  employment as a firefighter, police officer, or emergency medical services provider by a township with a population of 110,000 or more; and
(2)  is entitled to receive retirement benefits from a county, appraisal district, or municipal retirement plan, emergency services district, or township.
Added by Acts 1993, 73rd Leg., ch. 663, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Local Government Code Sec. 174.001 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(38), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1363 (S.B. 654), Sec. 2, eff. June 19, 2009.
Acts 2021, 87th Leg., R.S., Ch. 337 (H.B. 2171), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 787 (H.B. 5344), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › 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 175 - Right of Employees of Certain Political Subdivisions to Purchase Continued Health Coverage at Retirement › Section 175.002. Right to Purchase Continued Coverage

Sec. 175.002.  RIGHT TO PURCHASE CONTINUED COVERAGE.  (a)  A person to whom this chapter applies is entitled to purchase continued health benefits coverage for the person and the person's dependents as provided by this chapter unless the person is eligible for group health benefits coverage through another employer.  The coverage shall be provided under the group health insurance plan or group health coverage plan provided by or through the employing political subdivision to its employees.
(b)  To receive continued coverage under this chapter, the person must inform the employing political subdivision, not later than the day on which the person retires from the political subdivision, that the person elects to continue coverage.
(c)  If the person elects to continue coverage for the person and on any subsequent date elects to discontinue such coverage, the person is no longer eligible for coverage under this chapter.
(d)  If the person elects to continue coverage for any dependent and on any subsequent date elects to discontinue such coverage, the dependent is no longer eligible for coverage under this chapter.
Added by Acts 1993, 73rd Leg., ch. 663, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Local Government Code Sec. 174.002 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(38), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1363 (S.B. 654), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › 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 175 - Right of Employees of Certain Political Subdivisions to Purchase Continued Health Coverage at Retirement › Section 175.003. Level of Coverage

Sec. 175.003.  LEVEL OF COVERAGE.  (a)  The person may elect to cover the same persons who were covered under the political subdivision's group health insurance plan or group health coverage plan through the person at the time the person left employment with the political subdivision, or the person may elect to discontinue coverage for one or more persons.  A person who was not covered under the plan at the time the person to whom this chapter applies left employment with the political subdivision is not eligible for coverage under this chapter.
(b)  Except as provided by Subsections (c) and (d), the level of coverage provided under this chapter at any given time is the same level of coverage provided to current employees of the political subdivision at that time.
(c)  A political subdivision may substitute Medicare supplement health benefits coverage as the coverage provided for a person who receives health benefits coverage under this chapter, including a dependent, after the date that the person becomes eligible for federal Medicare benefits.
(d)  The person may elect to continue coverage at a reduced level, if offered by the political subdivision.
Added by Acts 1993, 73rd Leg., ch. 663, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Local Government Code Sec. 174.003 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(38), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1363 (S.B. 654), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › 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 175 - Right of Employees of Certain Political Subdivisions to Purchase Continued Health Coverage at Retirement › Section 175.004. Payment for Coverage

Sec. 175.004.  PAYMENT FOR COVERAGE.  A person who is entitled to continued coverage under this chapter is entitled to make payments for the coverage at the same time and to the same entity that payments for the coverage are made by current employees of the political subdivision.
Added by Acts 1993, 73rd Leg., ch. 663, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Local Government Code Sec. 174.004 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(38), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1363 (S.B. 654), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › 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 175 - Right of Employees of Certain Political Subdivisions to Purchase Continued Health Coverage at Retirement › Section 175.005. Duty to Inform Retiree of Rights

Sec. 175.005.  DUTY TO INFORM RETIREE OF RIGHTS.  A political subdivision shall provide written notice to a person to whom this chapter may apply of the person's rights under this chapter not later than the date the person retires from the political subdivision.  A political subdivision may fulfill its requirements under this section by placing the written notice required by this section in a personnel manual or employee handbook that is available to all employees.
Added by Acts 1993, 73rd Leg., ch. 663, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Local Government Code Sec. 174.005 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(38), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1363 (S.B. 654), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › 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 175 - Right of Employees of Certain Political Subdivisions to Purchase Continued Health Coverage at Retirement › Section 175.006. Certain Matters Not Affected

Sec. 175.006.  CERTAIN MATTERS NOT AFFECTED.  This chapter does not:
(1)  prohibit a political subdivision from uniformly changing the group health insurance plan or group health coverage plan provided for its employees and retirees;
(2)  affect the definition of a dependent or the eligibility requirements for a dependent under a plan;
(3)  prohibit a political subdivision from agreeing with a person to deduct the cost of coverage provided under this chapter from a pension check;
(4)  prohibit a political subdivision from agreeing with a person to pay for the coverage provided under this chapter provided the person reimburses the political subdivision for the actual cost of the coverage;
(5)  prohibit a political subdivision or a pool established under Chapter 172 from increasing the cost of group health coverage to its employees and to persons covered under this chapter to reflect the increased cost, if any, attributable to compliance with this chapter;
(6)  affect the right of a political subdivision to provide coverage under Chapter 172; or
(7)  affect the right of a political subdivision or a pool established under Chapter 172 to offer the coverage at the same rate that is available to active employees or to offer the coverage at a reasonable or actual rate established for retirees that may be greater than the rate offered to active employees.
Added by Acts 1993, 73rd Leg., ch. 663, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Local Government Code Sec. 174.006 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(38), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1363 (S.B. 654), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › 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 175 - Right of Employees of Certain Political Subdivisions to Purchase Continued Health Coverage at Retirement › Section 175.007. Exemptions

Sec. 175.007.  EXEMPTIONS.  (a)  A political subdivision that does not provide health benefits coverage through a self-insured plan or a plan authorized under Chapter 172 is not required to provide coverage under this chapter if the political subdivision makes a good faith effort to purchase insurance coverage that includes coverage required by this chapter from an insurance company authorized to do business in this state and from pools established under Chapter 172 but is unable to find a provider for the coverage.
(b)  A political subdivision that is providing coverage substantially similar to or better than the coverage required by this chapter is exempt from this chapter.
Added by Acts 1993, 73rd Leg., ch. 663, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Local Government Code Sec. 174.007 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(38), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1363 (S.B. 654), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › 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 176 - Disclosure of Certain Relationships With Local Government Officers; Providing Public Access to Certain Information › Section 176.002. Applicability to Vendors and Other Persons

Sec. 176.002.  APPLICABILITY TO VENDORS AND OTHER PERSONS.  (a)  This chapter applies to a person who is:
(1)  a vendor; or
(2)  a local government officer of a local governmental entity.
(b)  A person is not subject to the disclosure requirements of this chapter if the person is:
(1)  a state, a political subdivision of a state, the federal government, or a foreign government; or
(2)  an employee or agent of an entity described by Subdivision (1), acting in the employee's or agent's official capacity.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914), Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec. 2, eff. May 25, 2007.
Acts 2015, 84th Leg., R.S., Ch. 989 (H.B. 23), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 989 (H.B. 23), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › 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 176 - Disclosure of Certain Relationships With Local Government Officers; Providing Public Access to Certain Information › Section 176.0065. Maintenance of Records

Sec. 176.0065.  MAINTENANCE OF RECORDS.  A records administrator shall:
(1)  maintain a list of local government officers of the local governmental entity and shall make that list available to the public and any vendor who may be required to file a conflict of interest questionnaire under Section 176.006; and
(2)  maintain the statements and questionnaires that are required to be filed under this chapter in accordance with the local governmental entity's records retention schedule.
Added by Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec. 8, eff. May 25, 2007.
Redesignated and amended from Local Government Code, Section 176.011 by Acts 2015, 84th Leg., R.S., Ch. 989 (H.B. 23), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › 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 176 - Disclosure of Certain Relationships With Local Government Officers; Providing Public Access to Certain Information › Section 176.008. Electronic Filing

Sec. 176.008.  ELECTRONIC FILING.  The requirements of this chapter, including signature requirements, may be satisfied by electronic filing in a form approved by the commission.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › 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 176 - Disclosure of Certain Relationships With Local Government Officers; Providing Public Access to Certain Information › Section 176.009. Posting on Internet

Sec. 176.009.  POSTING ON INTERNET.  (a)  A local governmental entity that maintains an Internet website shall provide access to the statements and to questionnaires required to be filed under this chapter on that website.  This subsection does not require a local governmental entity to maintain an Internet website.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 847, Sec. 3(b), eff. January 1, 2014.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914), Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec. 7, eff. May 25, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 76, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 847 (H.B. 195), Sec. 3(b), eff. January 1, 2014.
2023 Texas Statutes › 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 176 - Disclosure of Certain Relationships With Local Government Officers; Providing Public Access to Certain Information › Section 176.010. Requirements Cumulative

Sec. 176.010.  REQUIREMENTS CUMULATIVE.  The requirements of this chapter are in addition to any other disclosure required by law.
Added by Acts 2005, 79th Leg., Ch. 1014 (H.B. 914), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › 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 176 - Disclosure of Certain Relationships With Local Government Officers; Providing Public Access to Certain Information › Section 176.012. Application of Public Information Law

Sec. 176.012.  APPLICATION OF PUBLIC INFORMATION LAW.  This chapter does not require a local governmental entity to disclose any information that is excepted from disclosure by Chapter 552, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 226 (H.B. 1491), Sec. 8, eff. May 25, 2007.
2023 Texas Statutes › 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 176 - Disclosure of Certain Relationships With Local Government Officers; Providing Public Access to Certain Information › Section 176.013. Enforcement

Sec. 176.013.  ENFORCEMENT.  (a)  A local government officer commits an offense under this chapter if the officer:
(1)  is required to file a conflicts disclosure statement under Section 176.003; and
(2)  knowingly fails to file the required conflicts disclosure statement with the appropriate records administrator not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of the statement.
(b)  A vendor commits an offense under this chapter if the vendor:
(1)  is required to file a conflict of interest questionnaire under Section 176.006; and
(2)  either:
(A)  knowingly fails to file the required questionnaire with the appropriate records administrator not later than 5 p.m. on the seventh business day after the date on which the vendor becomes aware of the facts that require the filing of the questionnaire; or
(B)  knowingly fails to file an updated questionnaire with the appropriate records administrator not later than 5 p.m. on the seventh business day after the date on which the vendor becomes aware of an event that would make a statement in a questionnaire previously filed by the vendor incomplete or inaccurate.
(c)  An offense under this chapter is:
(1)  a Class C misdemeanor if the contract amount is less than $1 million or if there is no contract amount for the contract;
(2)  a Class B misdemeanor if the contract amount is at least $1 million but less than $5 million; or
(3)  a Class A misdemeanor if the contract amount is at least $5 million.
(d)  A local governmental entity may reprimand, suspend, or terminate the employment of an employee who knowingly fails to comply with a requirement adopted under this chapter.
(e)  The governing body of a local governmental entity may, at its discretion, declare a contract void if the governing body determines that a vendor failed to file a conflict of interest questionnaire required by Section 176.006.
(f)  It is an exception to the application of Subsection (a) that the local government officer filed the required conflicts disclosure statement not later than the seventh business day after the date the officer received notice from the local governmental entity of the alleged violation.
(g)  It is an exception to the application of Subsection (b) that the vendor filed the required questionnaire not later than the seventh business day after the date the vendor received notice from the local governmental entity of the alleged violation.
Added by Acts 2015, 84th Leg., R.S., Ch. 989 (H.B. 23), Sec. 8, eff. September 1, 2015.