Wolff v. Deputy Constables Ass'n of Bexar County, 441 S.W.3d 362

In 2004 Bexar County adopted Texas Local Government Code Chapter 174 (collective bargaining for firefighters and police officers); the Commissioners Court later recognized the Deputy Sheriffs Association as the exclusive bargaining agent for deputy sheriffs.
The Deputy Sheriffs Association negotiated collective bargaining agreements with the county, most recently in 2012, covering deputy sheriffs employed in the Sheriff’s Office.
The Deputy Constables (an association of constable employees) requested recognition for collective bargaining in 2009 and again in September 2012; they allege the Commissioners Court did not act on their request.
Deputy Constables sued County Judge Nelson Wolff seeking declaratory relief and mandamus under Chapter 174, alleging denial of their statutory bargaining rights.
Wolff filed a plea to the jurisdiction and motion to dismiss, arguing the Deputy Constables lack standing because they are not “police officers” under Chapter 174; the trial court denied the plea and this interlocutory appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Deputy Constables have standing under Chapter 174	Deputy Constables claim Chapter 174’s collective-bargaining protections apply to them and the county refused to bargain	Wolff argues the Act covers only firefighters and “police officers” employed in a political subdivision’s police department (e.g., Sheriff’s Office), not constables	Court held Deputy Constables lack standing because they are not employees of the county “police department” or Sheriff’s Office and thus are not “police officers” under Chapter 174

Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (standard for reviewing jurisdictional challenges)
Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (plea to the jurisdiction standards and evidence review)
Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845 (Tex. 2005) (standing requires a real controversy and justiciable interest)
Tex. Workers’ Comp. Comm’n v. Garcia, 893 S.W.2d 504 (Tex. 1995) (association standing doctrine)
Comm’rs Ct. of El Paso Cnty. v. El Paso Cnty. Sheriffs Deputies Ass’n, 620 S.W.2d 900 (Tex. Civ. App. — El Paso 1981) (deputy sheriffs covered by the Act)
Webb Cnty. v. Webb Cnty. Deputies Ass’n, 768 S.W.2d 953 (Tex. App. — San Antonio 1989) (Sheriff’s Office employees can meet Act’s certification requirement)
City of San Antonio v. San Antonio Park Rangers Ass’n, 850 S.W.2d 189 (Tex. App. — San Antonio 1992) (protective-service employees not in police department are not “police officers” under the Act)
Cnty. of Dall v. Wiland, 216 S.W.3d 344 (Tex. 2007) (county employment of deputy constables)