Full opinion text
OPINION CHARLES KREGER, Justice Appellant Jefferson County, Texas appeals from two orders of the trial court denying its plea to the jurisdiction and granting appellee Victor Stines’s request for a declaratory judgment and writ of mandamus to compel the County to submit to arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove a valid waiver of the County’s immunity from suit; (2) the trial court erred in concluding that the Uniform Declaratory Judgment Act waives the County’s immunity from suit; (3) Chapter 174 of the Texas Local Government Code does not waive the County’s immunity from suit; (4) the County did not waive its immunity by entering into or accepting benefits under thé parties’ collective' bargaining agreement; and (5) the trial court erred by finding that Stines timely invoked his right to arbitration under that agreement. The County also challenges Stines’s standing to bring suit. For the reasons set forth below, we reverse the trial court’s order denying the County’s plea to the jurisdiction, vacate the trial court’s ordér granting Stines’s réqüest for a declaratory judgment and writ of mandamus, and render judgment granting the County’s plea to the jurisdiction and dismissing the cause for lack of jurisdiction. I. Background The Jefferson County Deputy Constables Association (the “Deputy Constables Association”), Jefferson. County (“the County”), and the Constables for Precincts 1, 2, 4, 6, 7, and 8 of the County entered into a collective bargaining agreement for the period commencing October 1, 2013, and ending September 30, 2014 (the “Agreement”). The Agreement states that it “is made and entered into” by' the parties “in accordance with all applicable state and federal statutes, including the Fire and Police Employee Relations Act of Texas [ (“FPERA”) ] (Chapter 174 of the Texas Local Government Code).” The Agreement further provides that its “general purpose” is: to promote the mutual interests of the County and the deputy constables; to provide for equitable and peaceful, adjustments of differences that may arise; to establish proper standards of wages, hours and other terms and conditions of employment for “policemen” as defined in the Fire and Police Employee Relations Act of Texas, with the objective of providing a sound basis for the efficient ■and effective delivery of services to.the public. . Article 25 of the Agreement governs disciplinary actions taken by the Constable against deputy constablés. Article 25 pro-vidfes: ARTICLE 25 Disciplinary Actions SECTION I The purpose of this Article is to establish a procedure for the fair, expeditious and orderly adjustment of disciplinary actions " taken by the Constable. SECTION II Upon" notification of "a complaint filed by any person, or initiated by the Constable due to job performance, the Constable shall thoroughly investigate -within a reasonable period of time consistent with the nature of the complaint being investigated. SECTION III ■ Upon completion of any investigation, the Constable shall determine the disciplinary action to be taken against the affected deputy. The decision of the Constable shall be based upon whether or not just cause exists for the discipline. For the purposes of this Section, the term “just cause” means that the disciplinary action of the Constable’s Office was reasonable in light of all circumstances; or was done for good and sufficient reasons. . SECTION IV Within two (2) weeks of’ the Constable’s decision to discipline a Deputy, the Deputy may invoke his right to binding arbitration pursuant to the rules of the American Arbitration Association. The - Agreement defines “discipline” to mean “a suspension without pay or termination.” In September 2015, Stines, a former deputy constable in the office of the Constable for Jefferson County Precinct 1, filed suit against the County, alleging that he had been “subjected to a hostile work environment while employed by [the County.]” Specifically, Stines alleged that in June 2014, during his employment as a deputy constable for the County, the chief deputy constable of his precinct made threats against him, causing Stines to have concerns about his safety at work. According to the petition, Stines filed what was supposed to be an anonymous complaint about the chief deputy constable’s actions; however, the complaint was not kept anonymous, and over the next several months, Stines was “targeted” by both the County and the constable of his precinct and was subjected “to unjust employment practices and wrongful accusations.” Stines alleged that he was ultimately suspended with pay in August 2014, and that his employment terminated on September 23, 2014. Stines’s petition alleged that on October 7, 2014, his attorney mailed a written notice of appeal to the constable, invoking Stines’s right under Article 25 of the Agreement to binding arbitration of the constable’s decision to terminate his employment. Stines claimed that his attorney also attempted to fax a copy of( the notice of appeal to the constable on the same date, but that “due to unintentional and unforeseeable technological difficulties,” the fax could not be transmitted. Stines alleged, however, that the notice was ultimately transmitted by fax on October 8, 2014. Stines alleged that despite his' compliance with the notice requirements of Article 25, the County refused to proceed to arbitration, claiming that Stines had failed to timely invoke his right to arbitration under the Agreement. Based on these alleged facts, Stines asserted a claim against the County under the Uniform Declaratory Judgment Act (“DJA”), seeking a declaration of his “right to compel [the County] to participate in binding arbitration of his wrongful discharge from [the County] in accordance with the Agreement.” He also sought a writ of mandamus requiring the County “to participate in binding arbitration of his wrongful discharge from [the County] in accordance with the Agreement.” Further, Stines alleged that he was entitled to an award of “actual damages” of “over $100,000 but not more than $200,000[,]” as well as an award of reasonable and necessary attorney’s fees under section 37.009 of the DJA. The County filed an answer and a first amended answer, asserting various defenses and affirmative defenses. The County also filed a plea to the jurisdiction in response to Stines’s claims. In its plea to the jurisdiction, the County argued that it is protected from suit under the doctrine of governmental immunity and that Stines’s claims do not fall within any waiver of that immunity. The County also argued that deputy constables are not “police officers” under FPERA, that deputy constables are therefore not statutorily authorized to collectively bargain with the County, and that the Agreement is void and unenforceable. The County attached no evidence to its plea to the jurisdiction. Stines filed a response to the County’s plea to the jurisdiction. In his response, Stines argued that the County’s immunity from suit had been waived: (1) by legislative consent in sections 174.008, 1⅝4.251, and 174.252 of the -Texas Local Government Code; (2) by the County’s act' of entering into the Agreement, which expressly states that it is made and. entered into “in accordance with ... the Fire and Police Employee Relations Act of Texas (Chapter 174 of the Texas Local Government Code)”; and (3) by the County’s acceptance of Stines’s services under the Agreement. Further, construing the County’s argument regarding the validity of the Agreement as a challenge to his standing to bring suit, Stines argued that he had standing to enforce the terms of the Agreement against the County because deputy constables qualify as “police officers” under Chapter 174 of the Texas Local Government Code and are therefore statutorily authorized to collectively bargain under that statute. Stines attached a copy of the Agreement to his response in support of his jurisdictional arguments. Following a non-evidentiary hearing, the trial court denied the County’s plea to the jurisdiction. The trial court issued two letters to counsel explaining the basis for its decision. In the first letter, dated January 20, 2016, the trial court addressed the County’s assertion of governmental immunity to suit. In that letter, the trial court stated, in relevant part (footnotes and citations omitted): Here, the plaintiff seeks a Court Order enforcing the arbitration provision contained in the Collective Bargaining Agreement. Implicit in that request would be a declaration that deputy constables qualify for inclusion in Chapter 174 of the Local Government Code, which is a legislative waiver itself. Texas courts have recognized that a declaratory judgment action can, in fact, be used to clarify the applicability of [a] specific statute. In [Texas Education Agency v.] Leeper, the Texas Supreme Court concluded that the legislature, by enacting Chapter 37 of the Tex. Civ. Prac. Rem. Code (which specifically empowers courts to construe statutes and requires the join-der of adverse parties) waived governmental immunity for those purposes where the adverse party is a governmental entity (including attorney’s fees). The fact that plaintiff, likewise, pleads for recovery of damages does not mandate dismissal of a proper declaratory judgment action. The plaintiff, in this matter, also seeks injunctive relief to require the County to arbitrate. Chapter 37 Tex. Civ. Prac. Rem. Code, likewise, authorizes a Court to grant “further relief’ when necessary and the two requests can be combined. Accordingly, this Court will construe the plaintiffs petition as (a) seeking a declaratory judgment as to the applicability of Chapter 174 to deputy constables, (b) seeking injunctive relief as necessary and proper and (c) requesting an award of attorney’s fees. To that extent, the defendant’s Plea to the Jurisdiction is denied. In the second letter, dated February 5, 2016, the trial court concluded that Stines had standing to pursue his claims against the County because deputy constables are “police officers” under Chapter 174 of the Texas Local Government Code and are therefore authorized to collectively bargain with their employer. On February 5, 2016, the trial court entered a written order denying the County’s plea to the jurisdiction. The trial court’s order states: ON THIS DAY came on to be considered the Plea to the Jurisdiction of Defendant, Jefferson County, Texas and the Court, having considered the pleadings and arguments of counsel is of the opinion that said Plea should in all things [be] DENIED. The Court construes the Original Petition of Plaintiff, Victor Stines, as (1) seeking a declaratory judgment as to the applicability of Chapter 174 of the Texas Civil Practice and Remedies Code to deputy constables, (2) seeking injunctive relief as necessary and proper, and (3) requesting an award of attorney’s fees. It is, therefore, ORDERED, ADJUDGED and DECREED that the Plea to the Jurisdiction of Defendant, Jefferson County, Texas is hereby DENIED. On February 5,2016, the trial court also entered a second written order granting Stines’s request for a declaratory judgment and request for writ of mandamus. The second order contains findings of fact and conclusions of law relating to the merits of Stines’s claims, and it orders the parties “to participate in binding arbitration as required by the Agreement to determine all issues related to the discipline of [Stines] by [the County].” Thereafter, the County appealed, challenging both the trial court’s order denying the Count/s plea to the jurisdiction and the trial court’s order granting Stines’s request for a declaratory judgment and request for writ of mandamus. II. Effect of the Trial Court’s Letter Rulings As a preliminary matter, we must determine the effect, if any, of the trial court’s letter rulings. Both parties have treated the letter rulings as providing the bases of the trial court’s order denying the County’s plea to the jurisdiction. This treatment of the letter rulings is not unreasonable given that the language in the trial court’s order denying the County’s plea appears to be taken, almost verbatim, from the trial court’s January 20, 2016, letter ruling and the grounds stated in both letter rulings are consistent with the trial court’s denial of the County’s plea to the jurisdiction. However, we note-.'that there is some authority holding that, in certain circumstances, a trial courts prejudgment letter is not competent evidence of the basis for its judgment. See Cherokee Water Co. v. Gregg Cty. Appraisal Dist., 801 S.W.2d 872 (Tex. 1990). In Cherokee Water: Co., .the trial court sent counsel a prejudgment letter stating that it had considered certain evidence in making its ruling. Id. at 878. However, nothing in the formal findings of fact, filed after the judgment was signed, indicated that the trial court had considered the evidence referenced in the prejudgment letter for any purpose. Id. On appeal, Cherokee Water argued that the prejudgment letter was a finding of fact and that the trial ;court had improperly considered the evidence referred to in the prejudgment letter in making its ruling. Id. at 877-78. The Texas Supreme Court, however, noted that the formal findings of fact and conclusions of law did not state whether the trial court considered the evidence referenced in the prejudgment letter and that there was other evidence that supported the trial court’s decision. Id. at 878. Therefore, the Court, explained, the trial court “could have disregarded the evidence [referred to in the prejudgment letter] at the time the judgment was actually signed.” Id. Accordingly, the Court concluded that the prejudgment letter was not a finding of fact and was “not competent evidence of the trial court’s basis for judgment.” Id. Unlike the trial court in Cherokee Water Co., the trial court in the present case did not enter formal findings of fact and conclusions of law specifically relating to its ruling on the. County’s plea to the jurisdiction. Therefore, this case is factually distinguishable from Cherokee Water Co. See In re Estate of Miller, 446 S.W.3d. 445, 451-52 (Tex. App.—Tyler 2014, no pet.) (concluding that the trial court’s failure to file formal findings of fact and conclusions of law was a factor distinguishing the case from Cherokee Water Co.); Kendrick v. Garcia, 171 S.W.3d 698, 702 (Tex. App.— Eastland 2005, pet. denied) (distinguishing Cherokee Water Co., in part, on the basis that the trial court in the case before it did not enter formal findings of fact and conclusions of law). Further, as noted, the language in the trial court’s order' denying the County’s plea to the jurisdiction appears to be taken, almost word for word, from the trial court’s January 20, 2016 letter ruling, and the January 20, 2016 letter ruling provides an extensive explanation for that language. In reviewing the record, we do not see any other applicable legal theories—other than those stated in the trial court’s January 20, 2016 letter ruling—that would support the specific statements, contained in the, trial court’s order denying the County’s plea. See Long Term Care Pharm. All. v. Tex. Health & Human Servs. Comm’n, 249 S.W.3d 471, 476-77 (Tex. App.—Eastland 2007, no pet.) (concluding that.it was appropriate to consider the trial court’s .letter-ruling as evidence of the basis of the trial court’s ruling where both.parties treated the trial court’s ruling " as having,, been based on the grounds stated -in -the letter and, after reviewing the record, the appellate court did “not see any other - applicable theory that would support the trial court’s ruling”). Additionally, the trial court’s February 5, 2016 letter ruling sets forth the trial court’s reasoning with respect- to the remaining jurisdictional "issue raised by the parties but not addressed in 'the January 20, 2016 letter—namely, Stines’s standing to bring suit—and the trial court’s conclusions regarding Stines’s standing in that letter are entirely consistent with the trial court’s order denying the County’s plea to the jurisdiction. Therefore, under the facts of this case, we treat the trial court’s letter rulings as competent evidence of the. trial court’s basis for denying the County’s,plea to the jurisdiction. III. Plea to the Jurisdiction In issues one through four, the County challenges the trial court’s denial of its plea to the jurisdiction. Specifically, the County contends that the trial court should have granted its plea because the County is entitled to governmental immunity with respect to each of Stines’s claims and because Stines has failed to plead or prove a valid waiver of that immunity. Additionally, the County argues that the trial court lacked subject matter jurisdiction over Stines’s claims because Stines has no standing to assert his claims in this case. We begin with the. County’s arguments regarding governmental immunity because they are dispositive of the issues in this appeal. A. Standard of Review “A plea to the jurisdiction is a dilatory plea that seeks dismissal of a case for lack of subject matter jurisdiction.” Harris Cty. v. Sykes, 136 S.W.3d 635, 638 (Tex. 2004). “Subject matter jurisdiction is essential to the authority of a court to resolve a case.” Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex. 1993). Because the existence of subject matter jurisdiction is a question of law, we review a trial court’s ruling on a plea to the jurisdiction de novo. Houston Belt & Terminal Ry. Co. v. City of Houston, 487 S.W.3d 154, 160 (Tex. 2016). In determining whether a trial court has subject matter jurisdiction, our analysis begins with the live pleadings. Heckman v. Williamson Cty., 369 S.W.3d 137, 150 (Tex. 2012). The pleader has the initial burden of alleging facts that affirmatively' demonstrate the trial court’s jurisdiction to hear the cause. Tex. Ass’n of Bus., 852 S.W.2d at 446. Whether a pleader has alleged facts that affirmatively demonstrate a trial court’s subject matter jurisdiction is a question of law reviewed de novo. Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex. 2004). We construe the pleadings liberally, taking all factual allegations as true, and look to the pleader’s intent. Heckman, 369 S.W.3d at 150; Miranda, 133 S.W.3d at 226. If the pleadings do not contain sufficient facts to affirmatively demonstrate the trial court’s jurisdiction, but do not affirmatively 'demonstrate incurable defects in jurisdiction, the issue is one of pleading sufficiency, and we should afford the plaintiff an opportunity to amend. Id. at 226-27. If, on the other hand, the pleadings affirmatively negate the existence of jurisdiction, then a plea to the jurisdiction may be granted without affording the plaintiff an opportunity to amend. Id. at 227. In reviewing a plea to the jurisdiction, we may also consider evidence submitted by the parties and must do so when necessary to resolve the jurisdictional issues raised. Heckman, 369 S.W.3d at 150; Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 555 (Tex. 2000). ‘We do not adjudicate the substance of the casé but instead determine whether a court has the power to reach the merits of the claim.” Satterfield & Pontikes Constr., Inc. v. Tex. S. Univ., 472 S.W.3d 426, 430 (Tex. App.— Houston [1st Dist.] 2015, peh denied). “Our ultimate inquiry is whether the particular facts presented, as determined by the foregoing review of the pleadings and any evidence, affirmatively demonstrate a claim within the trial court’s subject[ ]matter jurisdiction.” Tex. Dep’t of State Health Servs. v. Balquinta, 429 S.W.3d 726, 738 (Tex. App.—Austin 2014, pet. dism’d). The County’s issues on appeal also involve matters of statutory construction, which is a question of law that we review de novo. In re Mem’l Hermann Hosp. Sys., 464 S.W.3d 686, 700 (Tex. 2015). Our primary “objective in construing a statute is to give effect to the Legislature’s intent, which requires us to first look to the statute’s plain language.” Lippincott v. Whisenhunt, 462 S.W.3d 507, 509 (Tex. 2015) (per curiam). If the statute is clear and unambiguous, we must read the language according to its common meaning, unless a different meaning is supplied or is apparent from the context, or the plain meaning would lead to absurd results. Crosstex Energy Servs., L.P. v. Pro Plus, Inc., 430 S.W.3d 384, 389-90 (Tex. 2014). Further, in ascertaining legislative intent, we may consider other matters, “including the objective of the law, its history, and the consequences of a particular construction.” State v. Shumake, 199 S.W.3d 279, 284 (Tex. 2006) (citing Tex. Gov’t Code Ann. § 311.023(1), (3), (5) (West 2013)); see also Tex. Gov’t Code Ann. § 312.005 (West 2013) (“In interpreting a statute, a court shall diligently attempt to ascertain legislative intent and shall consider at all times the old law, the evil, and the remedy.”). Proper construction of a statute “requires reading the statute as a whole rather than interpreting provisions in isolation.” In re Mem’l Hermann Hosp. Sys., 464 S.W.3d at 701. “[C]ourts should not give an undefined statutory term a meaning out of harmony or inconsistent with other provisions, although it might be susceptible of such a construction if standing alone.” Tex. Dep’t of Transp. v. Needham, 82 S.W.3d 314, 318 (Tex. 2002). Further, we must give effect to all of a statute’s words and, if possible, not treat any statutory language as mere surplus-age. Shumake, 199 S.W.3d at 287. ‘We presume the Legislature selected language in a statute with care and that every word or phrase was used with a purpose in mind.” Tex. Lottery Comm’n v. First State Bank of DeQueen, 325 S.W.3d 628, 635 (Tex. 2010). B. Governmental Immunity Governmental immunity protects political subdivisions of the State, including counties, from lawsuits for money damages, unless such immunity has been waived. See Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex. 2006); Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 694 n.3 (Tex. 2003). Governmental immunity encompasses two distinct principles: immunity from liability and immunity from suit. Lubbock Cty. Water Control & Imp. Dist. v. Church & Akin, L.L.C., 442 S.W.3d 297, 300 (Tex. 2014). Immunity from liability bars enforcement of a judgment against a governmental entity and is an affirmative defense. Brown & Gay Eng’g, Inc. v. Olivares, 461 S.W.3d 117, 121 (Tex. 2015). Immunity from suit, on the other hand, bars suit against the governmental entity altogether because it deprives a court of subject matter jurisdiction. Church & Akin, 442 S.W.3d at 300. A governmental entity that enters into a contract waives its immunity from liability, voluntarily binding itself like any other party to the terms of the agreement, but it does not waive its immunity from suit. Id. Governmental entities retain immunity from suit unless it has been waived. City of Houston v. Williams, 353 S.W.3d 128, 134 (Tex. 2011). Texas courts ordinarily defer to the Legislature to waive sovereign immunity from suit because this allows the Legislature to protect its policy making functions. Ben Bolt-Palito Blanco Consol. Indep. Sch. Dist. v. Tex. Political Subdivisions Prop./Cas. Joint Self-Ins. Fund, 212 S.W.3d 320, 326 (Tex. 2006). As the Texas Supreme Court has explained, “the Legislature is better suited than the courts to weigh conflicting public policies associated with waiving immunity and subjecting the government to increased liability, the burden of which the public must bear.” Id. at 327. A legislative waiver of immunity may be in the form of either a statute or a legislative resolution, but in either case the Legislature’s intent to waive immunity must be expressed in “clear and unambiguous language.” Gen. Servs. Comm’n v. Little-Tex Insulation Co., 39 S.W.3d 591, 594 (Tex. 2001). “If the Legislature has not expressly waived immunity from suit, the State retains such immunity even if its liability is nqt disputed.” Tex. Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex. 2002). C. Waiver of Governmental Immunity The County argues that the trial court erred in denying its plea to the jurisdiction because governmental immunity bars Stines’s claims. In response, Stines contends that the trial court correctly determined that the DJA waives the County’s immunity from suit for his claims in this case. Stines also argues that the County’s immunity from suit was waived by: (1) legislative consent in sections 174.008, 174.251, and 174.252 of the Texas Local Government Code; (2) the County’s act of entering into a contract that expressly states that it “is made and entered into” in accordance with Chapter 174 of the Texas Local Government Code, which, in turn, contains an express statutory waiver of immunity; and (3) the County’s act of accepting benefits under the Agreement. We address each of these arguments in turn. 1. Waiver by the Uniform Declaratory Judgment Act In its second issue, the County contends that the trial court erred by concluding that the DJA waives the County’s immunity from suit for Stines’s claims for declaratory judgment, mandamus relief, and attorney’s fees. Specifically, the County argues that the trial court improperly construed ' Stines’s claims as: “(1) seeking a declaratory judgment as to the applicability of Chapter 174 of the [Texas Local Government Code] to deputy constables, (2) seeking injunctive relief as necessary and proper, and (3) requesting an award of attorney’s fees.” Further, the County asserts that the trial court incorrectly concluded that Stines’s claims, as construed by the trial court, fall within the DJA’s limited waiver of immunity. The County contends that Stines’s claims, in actuality, seek nothing more than to, enforce the County’s performance under the Agreement. Accordingly, the County asserts that Stines’s claims implicate the County’s governmental immunity and that the DJA does not waive its immunity for such claims. Stines responds that the trial court correctly determined that the DJA waives the County’s immunity from suit for his claims in this case. The DJA is a remedial statute designed “to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations.” Tex. Civ. Prac. & Rem. Code Ann. § 37.002(b) (West 2015). The DJA provides: A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. . Tex. Civ. Prac. & Rem. Code Ann. § 37.00.4(a) (West 2015). Although the DJA waives immunity for certain- claims, it is not a general waiver of immunity. Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011). Instead, it is a procedural device for deciding cases that are already within a court’s jurisdiction. Id. Further, the fact that a litigant couches its requested relief in terms of a declaratory judgment does not alter the underlying nature of the suit. Id. Consequently, governmental immunity will bar an otherwise proper DJA claim that has the effect of establishing a right to relief against a governmental entity for which the Legislature has not waived immunity. Id. . . It is well-established, however, that certain types of claims brought under the DJA do not implicate governmental immunity. For example, governmental immunity does not apply to suits for declaratory, injunctive, or mandamus relief against a state official to compel compliance with statutory or constitutional provisions. City of El Paso v. Heinrich, 284 S.W.3d 366, 368-69, 372, 376-77 (Tex. 2009); see also Hamilton v. Washington, No. 03-11-00594-CV, 2014 WL 7458988, at *5 (Tex. App.—Austin Dec. 23, 2014, no pet.) (mem. op.) (concluding that a request for prospective injunctive or mandamus relief from acts that violate a statute or constitutional provision may be pursued against the appropriate state, officials in their official capacity under the ultra vires exception to governmental immunity). This type of suit, referred to as an “ultra vires” action, does not implicate governmental immunity because it does “not attempt to exert control over the state[,]” but instead “attempt[s] to reassert the control of the state.” Heinrich, 284 S.W.3d at 372. To fall within the ultra vires exception, the suit “must allege that a state official acted without legal authority or failed to perform a purely ministerial act, rather than attack the officer’s exercise of discretion.” Patel v. Tex. Dep’t of Licensing & Regulation, 469 S.W.3d 69, 76 (Tex. 2015) (citing Heinrich, 284 S.W.3d at 372). Further, the suit must seek prospective relief and must be brought against the state official in his or her official capacity, not against fhe governmental entity itself. Heinrich, 284 S.W.3d at 373. The governmental entity retains its immunity from suit for an ultra vires claim because the unlawful acts of officials are not acts of the State. Patel, 469 S.W.3d at 76. Ultra vires,claims that meejt these requirements “do not implicate sovereign immunity in the first instance and, thus, are not barred even absent legislative consent.” Tex. Educ. Agency v. Am. YouthWorks, Inc., 496 S.W.3d 244, 256 (Tex. App.—Austin 2016, pet. filed). On the other hand, governmental immunity applies to and protects political subdivisions of the State against suits that attempt to control state action. Satterfield & Pontikes Constr., Inc., 472 S.W.3d at 431; see also Houston Belt & Terminal Ry. Co., 487 S.W.3d at 163-64 (“Governmental immunity. is - premised in part on preventing suits that attempt to control state action by imposing liability on the state.”); Multi-Cty. Water Supply Corp. v. City of Hamilton, 321 S.W.3d 905, 908 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (noting that governmental immunity “ ‘protects a governmental unit from lawsuits that seek- to control the unit’s lawful actions by a final judgment made by a court of law' ”) (quoting City of Houston v. Houston Firefighters’ Relief & Ret Fund, 196 S.W.3d 271, 277 (Tex. App.—Houston . [1st Dist.] 2006, no pet.)). Claims, including those for declaratory judgment, that seek to., establish a contract’s validity, to enforce performance under a contract, or to impose contractual liabilities are claims that attempt to control state action by imposing liability on the State. Satterfield & Pontikes Constr., Inc., 472 S.W.3d at 431; see also IT-Davy, 74 S.W.3d at 855-56; Multi-Cty. Water Supply Corp., 321 S.W.3d at 908. Accordingly, such claims are barred by governmental immunity and cannot, be maintained absent a statutory, waiver of immunity or legislative consent to suit. IT-Davy, 74 S.W.3d at 856; Pharmserv, Inc. v. Tex. Health & Human Servs. Comm’n, No. 03-13-00526-CV, 2015 WL 1612006, at *9 (Tex. App.—Austin Apr. 9, 2015, no pet.) (mem. op.). Section 37.006(b) of the DJA contains a limited waiver of governmental immunity, but it is limited to claims against governmental entities that challenge the validity of an ordinance or statute. See Tex. Civ. Prac. & Rem. Code Ann. § 37.006(b) (West 2015); Tex. Dep’t of Transp. v. Sefzik, 355 S.W.3d 618, 622 (Tex. 2011); Heinrich, 284 S.W.3d at 373 n.6. The Texas Supreme Court has recognized this waiver of immunity because the DJA requires a claimant to make the relevant governmental entity- a party to a declaratory judgment suit that challenges the validity of an ordinance or statute. See Tex. Civ. Prac. & Rem. Code Ann. § 37.006(b) (“In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality must be made a party and is entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state must also be served with a copy of the proceeding and is entitled to be heard.”); Heinrich, 284 S.W.3d at 373 n.6 (“For claims challenging the validity of ordinances or statutes, ... the [DJA] requires that the relevant governmental entities be .made parties, and thereby waives immunity.”). ■ a. Claim for declaratory judgment The trial court construed Stines’s claim for declaratory judgment as seeking a declaration “as to the applicability of Chapter 174 of the [Texas Local' Government Code] to deputy constables.” Based on this interpretation, the trial court concluded that Stines’s declaratory judgment claim falls within the limited waiver of immunity contained in section 37.006(b) of the DJA. We disagree with the trial court’s interpretation of Stines’s claim for declaratory relief, as well as its conclusion that the DJA waives the County’s immunity from suit for that claim. Section. VI of Stines’s petition requests the following, declaration: In light of [the County’s] failure to adhere to the terms of the Agreement, [Stines] seeks a declaratory judgment pursuant to the Uniform Declaratory Judgment Acts, Chapter 37, Texaé Civil Practice & Remedies Code, declaring [Stines’s] right to compel [the County] to participate in binding arbitration of his wrongful discharge from [the>Coun.ty] in accordance with the Agreement. The introductory paragraph of the petition describes this claim as “seeking the construction of a Collective Bargaining Agreement.” Further, the petition’s - prayer for relief describes the declaratory relief requested as a declaration “that the Agreement requires [the County] to participate in binding arbitration of [Stines’s] wrongful discharge claims against [the County],” Stines’s petition contains no reference to Chapter 174 of the Texas Local Government Code or any specific provision thereunder. Even construing Stines’s pleadings liberally in his favor, we conclude that his claim for a declaratory judgment does not seek a declaration concerning the applicability of Chapter 174 of the Texas Local Government Code to deputy constables, as the trial court concluded. Instead, it seeks a declaration of the parties’ contractual rights and obligations under the Agreement ' for the purpose of enforcing the County’s performance under the Agreement. See Town of Highland Park v. Iron Crow Constr., Inc., 168 S.W.3d 313, 317 (Tex. App.—Dallas 2005, no pet.) (concluding that a declaratory judgment action against a town to compel arbitration pursuant to a contractual arbitration clause was a suit seeking to enforce the town’s performance under a contract and, thus, implicated the town’s governmental immunity). Because a claim against a governmental entity to enforce performance under a contract effectively seeks to control state action, it is barred by governmental immunity absent a statutory waiver of immunity or legislative consent to suit. See IT-Davy, 74 S.W.3d at 856; Mustang Special Util. Dist. v. Providence Village, 392 S.W.3d 311, 316 (Tex. App.—Fort Worth 2012, no pet.); Multi-Cty. Water Supply Corp., 321 S.W.3d at 908; Town of Highland Park, 168 S.W.3d at 317. Here, the trial court concluded that section 37.006(b) of the DJA waived the County’s immunity from suit for Stines’s declaratory judgment claim. However, as noted, the waiver of immunity contained in section 37.006(b) applies only to claims challenging the validity of a statute or ordinance. Sefzik, 355 S.W.3d at 622; Heinrich, 284 S.W.3d at 373 n.6; see also Tex. Civ. Prac. & Rem. Code Ann. § 37.006(b). It does not apply to claims, such as those alleged by Stines, to construe or enforce performance under a contract. Accordingly, Stines did not plead facts sufficient to demonstrate that his declaratory judgment claim falls within the DJA’s limited waiver of immunity. We therefore conclude that the trial court erred in ruling that the DJA waives the County’s immunity from suit for Stines’s declaratory judgment claim in this case. Further, even if we were to conclude that the trial court correctly construed Stines’s declaratory judgment claim as seeking a declaratory judgment as to the applicability of Chapter 174 of the Texas Local Government Code to deputy constables, it would not affect our conclusion that the DJA does not waive the County’s immunity from suit for that claim. The waiver of immunity contained in section 37.006(b) of the DJA applies only to claims challenging the validity of a statute or ordinance. Sefzik, 355 S.W.3d at 622; Heinrich, 284 S.W.3d at 373 n.6. The DJA “does not waive the state’s sovereign immunity when the plaintiff seeks a declaration of his or her rights under a statute or other law.” Sefzik, 355 S.W.3d at 621; see also Tex. Transp. Comm’n v. City of Jersey Village, 478 S.W.3d 869, 885 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (concluding that Sefzik abrogated sub silentio the Texas Supreme Court’s holding in Leeper that section 37.006(b) of the DJA waives a governmental entity’s immunity from suit for claims seeking a declaration of the parties’ rights under a statute or other law). A declaratory judgment claim seeking a declaration regarding the applicability of Chapter 174 to deputy constables does not challenge the validity of Chapter 174 or any other statute. Instead, it seeks a declaration of Stines’s rights, if any, under Chapter 174. Accordingly, we conclude that the DJA’s limited waiver of immunity does not apply to Stines’s declaratory judgment claim; even if the trial court properly construed that claim as seeking a declaration regarding the applicability of Chapter 174 to deputy constables. See Sefzik, 355 S.W.3d at 621. b. Claim for mandamus relief The trial court also concluded that the DJA waives the County’s immunity from suit with respect to Stines’s claim for mandamus relief. Specifically, the trial court construed Stines’s mandamus claim as a request for ancillary relief under section 37.011 of the DJA. The trial court then concluded that because such a claim can be combined with- Stines’s declaratory judgment claim, and because his declaratory judgment claim falls within the waiver of immunity contained in section 37.006(b) of the DJA, section 37.006(b) also waives the County’s immunity from suit for Stines’s mandamus claim. Again, we disagree with the trial court. Stines’s petition seeks a writ of mandamus “requiring [the County] to participate in binding arbitration of his wrongful discharge from [the County] in accordance with the Agreement.” By its plain language, Stines’s mandamus claim seeks to compel the County to perform its alleged contractual obligations under the Agreement and, thus, seeks to control state action. See IT-Davy, 74 S.W.3d at 855-56; Town of Highland Park, 168 S.W.3d at 317. It is therefore barred by governmental immunity absent a statutory waiver of immunity or legislative consent to suit. See, e.g., Tex. Music Library & Research Ctr. v. Tex. Dep’t of Transp., No. 13-13-00600-CV, 2014 WL 3802992, at *17 (Tex. App.—Corpus Christi July 31, 2014, pet. denied) (mem. op.) (concluding that governmental immunity barred claim for mandamus relief because, inter alia, the essence of the plaintiffs suit was “an attempt to control state action by seeking to establish the existence and’ validity of a contract ..., enforce performance thereunder, and thereby'impose liability on the state”); Hinojosa v. Tarrant Cty., 355 S.W.3d 812, 816 (Tex. App.—Amarillo 2011, no pet.) (explaining that absent a waiver, governmental immunity bars claims for mandamus relief that seek “to control state action by imposing liability on the State”); see also IT-Davy, 74 S.W.3d at 855-56. At least one court of appeals has concluded that the DJA waives a governmental entity’s immunity from suit for a claim for ancillary injunctive relief under section 37.011 of the DJA when it is combined with a claim for a declaratory judgment for which the DJA waives immunity. See Hays Cty. v. Hays Cty. Water Planning P’ship, 106 S.W.3d 349, 359 (Tex. App.— Austin 2003, no pet.). However, even assuming that this is a correct statement of the law and-that the trial court properly construed Stines’s mandamus claim as seeking ancillary relief under section 37.011—questions we need not decide here—we conclude that this theory of waiver does not apply so as to waive the County’s immunity for Stines’s mandamus claim because, as we have already concluded, Stines’s claim for declaratory judgment does not fall within the D JA’s limited waiver of immunity in section 37.006(b). Further, Stines’s mandamus claim does not itself fall within section 37.006(b)’s.waiver of immunity because it is not a claim' for a declaratory judgment that challenges the validity of á statute or ordinance. See Sefzik, 355 S.W.3d at 622; Heinrich, 284 S.W.3d at 373 n.6; see also Tex. Civ. Prac. & Rem. Code Ann. § 37.006(b). We therefore conclude that the trial court erred by concluding that the DJA waives the County’s immunity from suit for Stines’s claim for mandamus relief. c. Claim for Attorney’s Fees Stines’s petition also alleges a claim against the, County for attorney’s fees under section 37.009 of the DJA. The trial court determined that this claim is not barred by governmental immunity because Stines asserted it in connection with a declaratory judgment claim that falls within, the waiver,of immunity contained in section 37.006(b) of the DJA. In Texas Education Agency v. Leeper, the Texas Supreme Court concluded that the DJA waives a governmental entity’s immunity from suit for a' claim for attorney’s fees under section 37.009 of the DJA when it is asserted in connection with a claim for declaratory judgment that falls within the waiver of immunity contained in section 37.006(b) of the DJA. 893 S.W.2d 432, 446 (Tex. 1994). However, as we have already explained, Stines’s claim for .declaratory relief does not- fall within section 37.006(b)’s limited waiver of immunity because it does not challenge the validity of an ordinance or statute. See Sefzik, 355 S.W.3d at 622; Heinrich, 284 S.W.3d at 373 n.6; see also Tex. Civ. Prac. & Rem. Code Ann, § 37.006(b), Therefore, we conclude that the.trial court erred by cpncluding that the DJA waives the County’s governmental immunity from suit for Stines’s claim for attorney’s fees., In summary, Stines, has not pleaded facts sufficient to show that the DJA waives the County’s immunity from suit for the claims asserted in this case. See Miranda, 133 S.W.3d at 227. We therefore conclude that the trial court erred by denying the County’s plea to the jurisdiction on the basis that the DJA waived the County’s immunity from. suit. We sustain issue two. 2, Waiver by Chapter 174 of the Local Government Code In his response to the County’s plea to the jurisdiction, Stines argued that Chapter 174 of the Texas Local Government Code, titled the Fire and Police Employee Relations Act (“FPERA”), waives the County’s immunity from suit for his claims for declaratory judgment, mandamus relief, damages, and attorney’s fees in this case. See Tex. Loc. Gov’t Code Ann. §§ 174.001-.253 (West 2016). Specifically, Stines contends that sections 174.008, 174.251, and 174.252 of the FPERA constitute express statutory waivers of immunity from suit, and that because his claims fall within these statutory waivers, governmental immunity does not bar his suit against the County. The County challenges this ground as part- of its third issue on appeal, asserting that the FPERA does not apply to deputy constables and does not waive the County’s immunity from suit in this case. As a general rule, “Texas law prohibits a state political subdivision from collective bargaining with public employees.” Dallas Area Rapid Transit v. Amalgamated Transit Union Local No. 1338, 273 S.W.3d 659, 661 (Tex. 2008). Specifically, section 617.002 of the Texas Government Code states that “[a]n official of the state or of a political subdivision of the state may‘ not enter into a collective bargaining contract with a labor organization regarding wages, hours, or conditions of employment of public employees.” Tex. Gov’t Code Ann. § 617.002(a) (West 2012). A contract that is entered into in violation of section 617.002(a) is void and unenforceable. Id. § 617.002(b). The FPERA, however, creates a limited exception to this general rule. See City of San Antonio v. San Antonio Park Rangers Ass’n, 850 S.W.2d 189, 190 (Tex. App.—San Antonio 1992, writ denied). The FPERA specifically permits “fire fighters, police officers, or both ... to organize and bargain collectively with their public employer regarding compensation, hours, and other conditions of employment” upon the adoption of the FPERA by a political subdivision to which the FPERA applies. Tex. Loc. Gov’t Code Ann. § 174.023. Once a political subdivision adopts the FPERA, a majority of firefighters of the fire department of the political subdivision, or a majority of police officers of the police department of the political subdivision, may select an association to function as its exclusive bargaining agent. Id. §§ 174.101, 174.102. If the firefighters or police officers of a political subdivision are represented by such an association, the public employer and the association “shall bargain collectivelyU” and the association may enter into a collective bargaining agreement with the public employer on behalf of the firefighters or police officers. Id. § 174.105. If a public employer and an association reach a collective bargaining agreement under the FPERA, the agreement “is binding and enforceable against a public employer, an association, and a fire fighter or police officer covered by the agreement.” Id. § 174.109. If a public employer and an association reach an impasse in collective bargaining or are unable to settle after the appropriate lawmaking body fails to approve a contract reached through collective bargaining, the public employer or the association may request arbitration to resolve the issues in dispute. Id. § 174.153. To the extent both parties agree to arbitrate, an arbitration board selected in accordance with the FPERA shall hold a hearing, make written findings, and render a written arbitration award on the issues presented to the board. Id. §§ 174.154, 174.155, 174.158. If a majority decision of an arbitration board is supported by competent, material, and substantial evidence, it is final and binding on the parties and may be enforced in court by either party or by the arbitration board. Id. § 174.159. Because the FPERA provides the right to collectively bargain and to participate in the statute’s alternative dispute resolution procedures, the FPERA specifically prohibits strikes and slowdowns by firefighters and police officers, as well as lockouts of firefighters and police officers. Id. §§ 174.002,174.202. a. Waiver under sections 174.008 and 174.251 Stines argues that sections 174.008 and 174.251 of the FPERA expressly waive the County’s immunity from suit in this case. Section 174.251 contains the general judicial enforcement provision for the FPERA. See id. § 174.251 (entitled “Judicial Enforcement Generally”). Specifically, section 174.251 provides that: 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. Id. To waive immunity from suit, a statute must contain a clear and unambiguous expression of waiver. Rolling Plains Groundwater Conservation Dist. v. City of Aspermont, 353 S.W.3d 756, 759 (Tex. 2011). Section 174.251 of the FPERA does not itself state that it waives sovereign or governmental immunity and does not specifically authorize a suit against a political subdivision or a public employer. See Tex. Loc. Gov’t Code Ann. § 174.251; cf. Wichita Falls State Hosp., 106 S.W.3d at 697-98 (“[I]f the Legislature requires that the State be joined in a lawsuit for which immunity would otherwise attach, the Leg-Mature ■ has intentionally waived the ■State’s sovereign immunity.”). However, section 174.008 of the FPERA provides that “[t]his 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.” Tex. Loc. Gov’t Code Ann. § 174.008. Construing sections 174.008 and 174.251 together, we conclude that the FPERA clearly and unambiguously waives immunity from suit for claims (1) brought under section 174.251 (2) to enforce the FPERA (3) against the employing public employer. See id. §§ 174.008,174.251. For a claim to be brought under section 174.251, it must, among other things, be asserted by “á party aggrieved by an act or omission of the other party that relates to the rights or duties under [the ■FPERA.]” Id. § 174.251. Thus, Stines’s claims fall within the waiver of immunity created by sections 174.008 and 174.251 only if they complain about alleged acts or omissions of the County that relate to the rights or duties under the FPERA. See id. We therefore examine whether the alleged acts or omissions of the County that form the basis of Stines’s claims relate to the rights or duties under the FPERA. . As noted, the FPERA authorizes only firefighters and police officers to organize and bargain collectively with their public employer regarding compensation, hours, and other conditions of employment. See id. § 174.023. The FPERA defines the term “police officer” to mean “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.” Id. § 174.003(3). The County contends that Stines’s claims do not relate to the rights or duties under the FPERA because deputy constables are not “police officers” under the FPERA. Specifically,’ the County argues that deputy constables do not satisfy the definition of “police officer” under section 174.003(3) because they do not serve in “the police department” of a county. The County contends that “the police department” of a county has been held by Texas courts to be the sheriffs office and that because deputy constables serve in the constable’s office, and not ’in the sheriffs office, they do not satisfy the definition of “police officer” under the statute. Stines responds that “the police department” of a county is not limited to the sheriffs office and that because a constable’s office is similar to a sheriffs office in several respects, a constable’s office should also be considered a “police department” of a county for purposes of the FPERA. Both parties also argue that the legislative intent behind the enactment of the FPERA, as stated in section 174.002 of the statute, supports their, respective interpretations of section 174.003(3). Several Texas courts have determined that the sheriffs office is “the police department” of a county for purposes of the FPERA. For example, in Commissioners’ Court of El Paso County v. El Paso County Sheriff’s Deputies Association, the El Paso Court of Appeals held that deputy sheriffs meet the definition of “policemen” under the FPERA and are thus “included and covered by the Act.” 620 S.W.2d 900, 902 (Tex. Civ. App.—El Paso 1981, writ ref'd n.r.e.). Thereafter, in Webb County v. Webb County Deputies Association, the San Antonio Court of Appeals concluded that jailers and detention officers employed in the sheriffs office also qualify as “policemen” under the FPERA. 768 S.W.2d 953, 955 (Tex. App.—San Antonio 1989, no writ). On the other hand, in City óf San Antonio, the San Antonio Court of Appeals concluded that city park rangers do not constitute “policemen” under the' FPERA. 850 S.W.2d at 192-93. In that case, the court concluded that although city park rangers regularly serve in a professional law enforcement capacity, they do not do so in “the police department” of the city. Id. In reaching this conclusion, the court reviewed the legislative history of the FPERA and determined that the Legislature did not intend to include all protective service employees, but only firemen and city policemen. Id. at 192. The court also explained that the word “the” in the phrase “in the police department” connotes a singular entity, which, when applied to the city, was the San Antonio Police Department. Id. at 192-93. The court concluded’ that because the park rangers were employed in the San Antonio Park Rangers Department, which wás a separate entity from the San Antonio Police Department, they did not serve “in' the police department” of the city. Id. at 193. The parties have cited, and we have located, only two cases that have addressed whether deputy constables constitute “police officers” under the FPERA. In Wolff v. Deputy Constables Association of Bexar County, the San Antonio Court of Appeals concluded that deputy constables are not “police officers” under the FPERA “because they do not serve in the ‘police department’ of the county or the Sheriffs Office.” 441 S.W.3d 362, 366 (Tex. App.— San Antonio 2013, no pet.). The court explained that [j]ust as the park rangers [in City of San Antonio ] were employed by the Parks Department of the City of San Antonio, and not by the City of San Antonio Police Department, the Deputy Constables are employed by the Constable’s Office of Bexar County, not by the “police department” of Bexar County or the Sheriffs Office. Id. The court clarified that “all law enforcement agents considered ‘police officers’ under the" Act,' including deputy sheriffs, jailers, and detention officers, are employed by the police department of the county or the Sheriffs Office.” Id. In Jefferson County Constables Association v. Jefferson County, however, the Corpus Christi Court of Appeals expressly disagreed with the holding in Wolff and concluded that deputy constables fall within the definition of “police officer” under the FPERA. 512 S.W.3d 434 (Tex. App.— Corpus Christi 2016, pet. granted). In that case, the court concluded that deputy constables are paid employees who are sworn, certified, and full-time and who regularly serve in a professional law enforcement capacity within the meaning of section 174.003(3). Id. at 439. Then, turning to the question of whether deputy constables serve in “the police department” of a county, the court specifically compared deputy constables to deputy sheriffs, which, it noted, have been held fey several Texas courts to be “police officers” under the FPERA. Id. at 439-40. In making this comparison, the court noted that “[t]he offices of sheriff and constable are both established and regulated by the Texas constitution and by statute” and that the statutory provisions concerning sheriffs and constables are both included under Subtitle B of the Texas Local Government Code, titled “Commissioners Court and County Officers.” Id. at 440. The court also noted that, by statute, deputy constables are required to “qualify in the manner provided for deputy sheriffs” and that both deputy, sheriffs and deputy constables “are empowered to preserve the peace within the county.” Id. The court additionally noted that “[t]he'office of sheriff and constable each have the duty to execute all process and precepts directed to their office by legal authority.” Id. The court then stated that “[g]iven the liberal construction required by the FPERA, we find no meaningful distinction between deputy sheriffs and deputy constables with respect to the FPERA’s definition of ‘police officers.’ ” Id. In reaching this conclusion, the court in Jefferson County Constables Association specifically rejected the county’s argument that the “FPERA’s requirement that police officers serve in ‘the police department of a political subdivision’ means there can be only one qualifying police department for a political subdivision.” Id. The court agreed “that this limiting language would éxclude certain peace officers who do not serve in what can be categorized as a ‘police department.’” Id. (citing City of San Antonio, 850 S.W.2d at 192-93). However,' the court explained that it did “not interpret such language as operating to exclude deputy constables, who work in a county law enforcement office established by the Texas Constitution.” Id. The County argues that the court in Wolff correctly decided that deputy constables do not constitute “police officers” under the FPERA because they are not employed in the sheriff’s office and, thus, do not serve in “the police department” of a county. By contrast, Stines argues that the court in Jefferson County Constables Association correctly decided that the “police department” of a county is not limited to the sheriffs office and that deputy constables also serve in “the police department” of a county for purposes of the FPERA. The resolution of this issue requires us to construe the meaning of the phrase “in the police department of a political subdivision” in section 174.003(3) of the FPERA. See Tex. Loc. Gov’t Code Ann. § 174.003(3). The FPERA does not define the term “the police department” or the phrase “the police department of a political subdivision.” See id. § 174.003. “Undefined terms in a statute' are typically given their ordinary meaning.” In re Hall, 286 S.W.3d 925, 928 (Tex. 2009). However, courts may not give an undefined statutory term a meaning that.is out of harmony or inconsistent with other provisions in the statute. Id. at 928-29; Tex. Dep’t of Transp. v. Needham, 82 S.W.3d 314, 318 (Tex. 2002). Therefore, “if a different, more limited, or precise definition is apparent from the term’s use in the context of the statute, we apply that meaning,” In re Hall, 286 S.W.3d at 929. The term “police department” is commonly defined as “a governmental department concerned with the administration of the police force.” Webster’s Third Int’l Dictionary 1754 (2002). The common meaning of “police force,” in turn, is “a professional body of trained officers and men entrusted by a government with the maintenance of public peace and order, the enforcement of laws, and the prevention and detection of crime.” Id. However, in reviewing the FPERA as a whole, we conclude that a more limited or precise definition of the phrase “the police department of a political subdivision” is apparent from the context of the statute. See In re Hall, 286 S.W.3d at 929, Section 174.002, which contains the express legislative policy behind the enactment of the FPERA, states: (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 em