By: Danburg H.B. No. 1236
73R2500 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to meet and confer agreements for fire fighters and police
1-3 officers in certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 142, Local Government Code, is amended by
1-6 designating Sections 142.001-142.010 as Subchapter A and adding a
1-7 heading for Subchapter A to read as follows:
1-8 SUBCHAPTER A. ASSISTANCE, BENEFITS,
1-9 AND WORKING CONDITIONS
1-10 SECTION 2. Chapter 142, Local Government Code, is amended by
1-11 adding Subchapter B to read as follows:
1-12 SUBCHAPTER B. FIRE AND POLICE DEPARTMENT
1-13 MEET AND CONFER CONTRACTS
1-14 Sec. 142.031. DEFINITIONS. In this subchapter:
1-15 (1) "Bargaining agent" means an individual
1-16 representing a representational employee group composed of sworn
1-17 certified full-time paid fire department employees, sworn certified
1-18 full-time paid police department employees, or both.
1-19 (2) "Chief negotiator" means an individual who is a
1-20 bargaining agent appointed by the representational employee groups
1-21 as their spokesperson when all bargaining groups are in
1-22 negotiations with the municipality.
1-23 (3) "Employee" means a sworn certified full-time paid
1-24 member of the fire department or a sworn certified full-time paid
2-1 member of the police department of a municipality.
2-2 (4) "Representational employee council" means an
2-3 assembly of representational employee groups for the purposes of
2-4 bargaining with a municipality as allowed by this subchapter.
2-5 (5) "Representational employee group" means an
2-6 organization that represents fire or police employees, or both,
2-7 with a membership that includes not fewer than 100 employees who
2-8 are active members.
2-9 Sec. 142.032. APPLICABILITY. This subchapter applies only
2-10 to a municipality with a population of 1.5 million or more that has
2-11 not adopted The Fire and Police Employee Relations Act (Article
2-12 5154c-1, Vernon's Texas Civil Statutes).
2-13 Sec. 142.033. ADOPTION; REPEAL. (a) This subchapter
2-14 applies to a municipality only if the governing body of the
2-15 municipality has voted to adopt this subchapter.
2-16 (b) The adoption of this subchapter by the governing body of
2-17 a municipality may be repealed only if the governing body votes to
2-18 repeal it.
2-19 (c) A municipality may not repeal adoption of this
2-20 subchapter while a contract made under this subchapter is in effect
2-21 for the municipality.
2-22 Sec. 142.034. CONTRACT: SUBJECT; TERM. (a) A municipality
2-23 that has adopted this subchapter shall meet and confer with all
2-24 bargaining agents recognized under this subchapter as provided by
2-25 this subchapter.
2-26 (b) A contract reached by the meet and confer process:
2-27 (1) may address any issues concerning wages, hours,
3-1 terms, and conditions of employment of the employees for the
3-2 duration of the contract; and
3-3 (2) is binding for the duration of the contract after
3-4 its ratification by the municipality and the employees.
3-5 (c) The term of a contract adopted under this subchapter may
3-6 not be longer than 36 months, at which time the contract expires
3-7 unless renewed by both the governing body and the employees under
3-8 the procedures of this subchapter.
3-9 (d) If wages, rates of pay, or another matter requiring
3-10 appropriations of money by the governing body are to be included in
3-11 negotiating a mutual agreement under this subchapter, the
3-12 representational employee groups shall serve written notice of a
3-13 request for negotiations in the same manner as required under
3-14 Section 142.037(d) at least 120 days before the conclusion of the
3-15 current fiscal year.
3-16 Sec. 142.035. REPRESENTATIONAL EMPLOYEE GROUPS. (a) The
3-17 president of an organization claiming to be a representational
3-18 employee group shall file a sworn verification with the secretary
3-19 of the municipality stating the number of employees who are active
3-20 dues-paying members of the organization. Instead of filing a
3-21 verification, the president may file a list of the active
3-22 membership of the organization. The secretary shall keep a record
3-23 of the representational employee groups. Shortly before beginning
3-24 negotiations under Section 142.037, the president of a
3-25 representational employee group shall re-verify to the secretary
3-26 the number of employees who are active dues-paying members of the
3-27 organization.
4-1 (b) A representational employee group is entitled to the
4-2 following number of votes in all decisions made during bargaining:
4-3 (1) a group with an active membership of at least 100
4-4 employees but less than 1,001 employees is entitled to one vote;
4-5 (2) a group with an active membership of at least
4-6 1,001 employees but less than 2,001 employees is entitled to two
4-7 votes; and
4-8 (3) a group with an active membership of 2,001
4-9 employees or more is entitled to three votes.
4-10 Sec. 142.036. DESIGNATED BARGAINING AGENTS. (a) A
4-11 representational employee group shall designate a bargaining agent
4-12 to represent the group in contract negotiations with the
4-13 municipality.
4-14 (b) A bargaining agent has the number of votes provided to
4-15 each representational employee group under this subchapter that the
4-16 agent represents.
4-17 (c) The representational employee council's designated
4-18 bargaining agents shall appoint the chief negotiator for contract
4-19 negotiations.
4-20 Sec. 142.037. NEGOTIATIONS. (a) Designated bargaining
4-21 agents and municipal representatives shall conduct contract
4-22 negotiations.
4-23 (b) The bargaining agents and the municipal representatives
4-24 have an obligation to meet at reasonable times and to negotiate a
4-25 contract in good faith. Each representational employee group under
4-26 Section 142.035 is entitled to an opportunity to participate in the
4-27 negotiations through a designated bargaining agent. The chief
5-1 negotiator will act as the prime spokesperson for the employees.
5-2 (c) Contract negotiations shall begin not later than the
5-3 90th day before the date an existing contract expires.
5-4 (d) If there is no existing contract, contract negotiations
5-5 shall begin not later than the 35th day after the date that the
5-6 presiding officer of the governing body of the municipality or the
5-7 president of a representational employee group sends, to every
5-8 other entity entitled to participate and as prescribed by this
5-9 subsection, a written notice of intent to begin negotiations. The
5-10 notice must be sent:
5-11 (1) by certified or registered mail, return receipt
5-12 requested;
5-13 (2) to the presiding officer of the governing body of
5-14 the municipality at the mailing address of the secretary of the
5-15 municipality; and
5-16 (3) to the president of each representational employee
5-17 group at the group's business address.
5-18 (e) All parties shall make every effort to come to an
5-19 agreement through good faith negotiating. If an impasse is reached
5-20 in the negotiation process, then any party to the negotiations,
5-21 after written notice to the other parties containing specifications
5-22 of the issue or issues in dispute, may request appointment of a
5-23 mediator. A mediator may be appointed by agreement of the parties
5-24 or by an appropriate agency of the state within five days following
5-25 the expiration of the 60-day pre-impasse period. If a mediator is
5-26 requested, the mediator's function is to assist all parties in
5-27 reaching a voluntary agreement. A mediator may hold separate or
6-1 joint conferences to effect a voluntary, amicable, and expeditious
6-2 settlement of the differences and issues among the parties. A
6-3 mediator may not make a public recommendation on any negotiation
6-4 issue in connection with the mediation process or make a public
6-5 statement or report that evaluates the relative merits of the
6-6 position of the parties. The mediator may recommend to the parties
6-7 any proposal or procedure that might lead to settlement. The cost
6-8 of the mediator will be shared equally among all parties engaged in
6-9 the negotiations.
6-10 Sec. 142.038. PROPOSED CONTRACT. (a) A proposed contract
6-11 reached by negotiators must be:
6-12 (1) in writing; and
6-13 (2) signed by the presiding officer of the governing
6-14 body of the municipality and the chief negotiator.
6-15 (b) A proposed contract takes effect only if the governing
6-16 body of the municipality and the employees ratify the proposed
6-17 contract as prescribed by Sections 142.039-142.041.
6-18 Sec. 142.039. ORDER OF VOTING. Voting related to a proposed
6-19 contract is in the following order:
6-20 (1) the bargaining agents who participate in the
6-21 negotiations vote to propose the contract they have negotiated with
6-22 the representatives of the municipality and have approved by a
6-23 majority vote;
6-24 (2) the governing body of the municipality votes to
6-25 ratify the proposed contract as prescribed by Section 142.040; and
6-26 (3) the employees vote to ratify the proposed contract
6-27 as prescribed by Section 142.041.
7-1 Sec. 142.040. VOTING: GOVERNING BODY OF MUNICIPALITY. (a)
7-2 A majority vote of the governing body of the municipality is
7-3 necessary to ratify the contract. The governing body may ratify
7-4 the contract only if it finds that, under the circumstances
7-5 existing in the municipality, the contract promotes the public
7-6 interest.
7-7 (b) A contract negotiated under this subchapter does not
7-8 require a referendum vote.
7-9 Sec. 142.041. VOTING: EMPLOYEES. (a) If the governing
7-10 body of the municipality votes to ratify the proposed contract, the
7-11 governing body of the municipality shall submit the proposed
7-12 contract to the employees for ratification or rejection.
7-13 (b) A vote by the employees of the municipality:
7-14 (1) shall begin not later than the 30th day after the
7-15 date the contract is ratified by the governing body of the
7-16 municipality;
7-17 (2) shall continue for a period of five consecutive
7-18 days; and
7-19 (3) must be on a written ballot containing only the
7-20 proposition to ratify or reject the proposed contract.
7-21 (c) Each fire and police station must have voting places
7-22 available to employees during every shift throughout the voting
7-23 period.
7-24 (d) Each employee is entitled to only one vote.
7-25 (e) Ratification of the proposed contract is by a majority
7-26 vote.
7-27 Sec. 142.042. EFFECT ON OTHER LAWS. (a) This subchapter
8-1 does not restrict or abolish any provision of Chapter 143, Local
8-2 Government Code.
8-3 (b) A contract under this subchapter may not diminish or
8-4 qualify any right, benefit, or privilege of an employee under this
8-5 chapter or other state law.
8-6 (c) A contract may expand a right or privilege of an
8-7 employee under other state law.
8-8 (d) A contract may not allow the right to strike by public
8-9 employees, as prohibited by state law.
8-10 SECTION 3. The importance of this legislation and the
8-11 crowded condition of the calendars in both houses create an
8-12 emergency and an imperative public necessity that the
8-13 constitutional rule requiring bills to be read on three several
8-14 days in each house be suspended, and this rule is hereby suspended,
8-15 and that this Act take effect and be in force from and after its
8-16 passage, and it is so enacted.