Sec. 146.004. PETITION FOR RECOGNITION: ELECTION OR ACTION BY GOVERNING BODY. (a) Not later than the 30th day after the date the governing body of a municipality receives from an employee association a petition signed by the majority of all covered employees that requests recognition of the association as the sole and exclusive bargaining agent for all the covered employees, the governing body shall:
(1) grant recognition of the association as requested in the petition and find that a public employer may meet and confer under this chapter without conducting an election by the voters in the municipality under Section 146.006;
(2) defer granting recognition of the association and order an election by the voters in the municipality under Section 146.006 regarding whether a public employer may meet and confer under this chapter; or
(3) order a certification election under Section 146.005 to determine whether the association represents a majority of the covered employees.
(b) If the governing body of a municipality orders a certification election under Subsection (a)(3) and the association named in the petition is certified to represent a majority of the covered employees, the governing body shall, not later than the 30th day after the date that results of that election are certified:
(1) grant recognition of the association as requested in the petition for recognition and find that a public employer may meet and confer under this chapter without conducting an election by the voters in the municipality under Section 146.006; or
(2) defer granting recognition of the association and order an election by the voters in the municipality under Section 146.006 regarding whether a public employer may meet and confer under this chapter.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
Structure Texas Statutes
Title 5 - Matters Affecting Public Officers and Employees
Subtitle A - Municipal Officers and Employees
Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities
Section 146.001. Applicability
Section 146.003. General Provisions Relating to Agreements and Recognition
Section 146.004. Petition for Recognition: Election or Action by Governing Body
Section 146.005. Certification Election
Section 146.006. Election to Authorize Operating Under This Chapter
Section 146.007. Change or Modification of Recognition
Section 146.008. Strikes Prohibited
Section 146.009. Recognition of Employee Association
Section 146.010. Selection of Bargaining Agent; Bargaining Unit
Section 146.011. Protected Rights of Employees
Section 146.013. Open Deliberations
Section 146.014. Ratification and Enforceability of Agreement
Section 146.015. Action or Election to Repeal Authorization to Operate Under This Chapter
Section 146.016. Election to Repeal Agreement
Section 146.017. Agreement Supersedes Conflicting Provisions