CHAPTER 174. FIRE AND POLICE EMPLOYEE RELATIONS - 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 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.