HBA-JRA H.B. 1883 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1883 By: Naishtat Public Education 4/20/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas allows some public employees, specifically police officers and firefighters, to negotiate binding labor agreements with local governing bodies. An agreement between a teachers' group and a school board, however, is unenforceable. H.B. 1883 authorizes the board of trustees of a school district to enter into a binding agreement relating to compensation, hours of employment, and working conditions with a labor organization, including a teachers' organization. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 22, Education Code, by adding Section 22.006, as follows: Sec. 22.006. LOCAL-OPTION BARGAINING. (a) Authorizes the board of trustees of a school district, at the board's sole discretion, to enter into a binding agreement with a labor organization as defined by Section 617.001 (Definitions), Government Code, notwithstanding Section 617.002 (Collective Bargaining by Public Employees Prohibited), Government Code. Section 617.001 defines "labor organization" to mean any organization in which employees participate and that exists in whole or in part to deal with one or more employers concerning grievance, labor disputes, wages, hours of employment, or working conditions. (b) Authorizes an agreement under this section to contain terms relating to compensation, hours of employment, or working conditions. (c) Provides that district policy must establish the method of electing a labor organization to represent district employees. Requires the labor organization elected to fairly represent each class of employees to whom the agreement applies. (d) Establishes that in negotiating an agreement under this section the parties must meet at reasonable times and confer in good faith, are prohibited from compelling the other party to accept a proposal or make a concession, and are authorized to execute a written contract incorporating any agreement reached. (e) Authorizes an agreement under this section to be enforced by an action brought in the district court of the county in which the district's central administrative office is located or to be resolved by binding arbitration. (f) Establishes that Chapter 617 (Collective Bargaining and Strikes), Government Code, applies to the employees of a school district. (g) Provides that this section does not deprive any school district employee of any right or benefit due to the employee under the education laws of this state. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.