By: Stiles H.B. No. 1511 73R6203 T A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the right of certain municipalities to maintain local 1-3 control over wages, hours, and other terms and conditions of 1-4 employment for fire fighters. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle A, Title 5, Local Government Code, is 1-7 amended by adding Chapter 144 to read as follows: 1-8 CHAPTER 144. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS 1-9 Sec. 144.001. POPULATION. This chapter applies only to a 1-10 municipality that has adopted Chapter 143, Local Government Code, 1-11 or has a population of 60,000 or more; but does not apply to a 1-12 municipality that has adopted 5154c-1, Texas Revised Civil 1-13 Statutes. 1-14 Sec. 144.002. DEFINITIONS. In this chapter: 1-15 (1) "Fire fighter association" means an organization in 1-16 which fire fighters participate and which exists for the purpose, 1-17 in whole or part, of dealing with one or more employers, whether 1-18 public or private, concerning grievances, labor disputes, wages, 1-19 rates of pay, hours of employment, or conditions of work affecting 1-20 public employees. 1-21 (2) "Public employer" means any municipality or agency, 1-22 board, commission, or political subdivision controlled by a 1-23 municipality who are required to establish the wages, salaries, 1-24 rates of pay, hours, working conditions, other terms and conditions 2-1 of employment, and affirmative action programs of public employees. 2-2 The term may include, under appropriate circumstances, a mayor, 2-3 manager, administrator of a municipality, municipal governing body, 2-4 director or personnel, personnel board, or one or more other 2-5 officials, regardless of the name by which they are designated. 2-6 Sec. 144.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, 2-7 RECOGNITION, AND STRIKES. (a) A municipality covered by this 2-8 chapter may exercise local control over the wages, salaries, rates 2-9 of pay, hours of work, other terms and conditions of employment, 2-10 affirmative action programs, or other personnel issues affecting 2-11 fire fighters otherwise controlled by state law, by entering into a 2-12 mutual written agreement governing these issues with a fire fighter 2-13 association that does not advocate the illegal right to strike by 2-14 public employees. 2-15 (b) A municipality may recognize a fire fighter association 2-16 that does not advocate the illegal right to strike by public 2-17 employees as the bargaining agent for any group of paid fire 2-18 fighters so requesting such representation under this chapter. 2-19 (c) Fire fighters of a municipality may not engage in 2-20 strikes or organized work stoppages against this state or a 2-21 political subdivision of this state. A fire fighter who 2-22 participates in a strike forfeits all civil service rights, 2-23 reemployment rights, and any other rights, benefits, or privileges 2-24 the fire fighter enjoys as a result of employment or prior 2-25 employment, except, that the right of an individual to cease work 2-26 may not be abridged if the individual is not acting in concert with 2-27 others in an organized work stoppage. 3-1 Sec. 144.004. RECOGNITION OF FIRE FIGHTER ASSOCIATION. (a) 3-2 A fire fighter association selected by a petition signed by a 3-3 majority of its paid fire fighters in the municipality, excluding 3-4 the head of the department and assistant department heads in the 3-5 rank or classification immediately below that of the department 3-6 head, may be recognized by the public employer as the sole and 3-7 exclusive bargaining agent for all of the covered fire fighters 3-8 unless and until recognition of the association is withdrawn by a 3-9 majority of those fire fighters. 3-10 (b) In the event of a question about whether a fire fighter 3-11 association is the majority representative of the covered fire 3-12 fighters, the question shall be resolved by a fair election 3-13 conducted according to procedures agreeable to the parties. If the 3-14 parties are unable to agree on such procedures, either party may 3-15 request the American Arbitration Association to conduct the 3-16 election and to certify the results. Certification of the results 3-17 of an election resolves the question concerning representation. 3-18 The fire fighter association is liable for the expenses of the 3-19 election, except that if two or more associations seeking 3-20 recognition as the bargaining agent submit petitions signed by a 3-21 majority of the covered fire fighters, the associations shall share 3-22 equally the costs of the election. 3-23 Sec. 144.005. OPEN MEETINGS REQUIRED. All deliberations 3-24 relating to an agreement between a fire fighter association and a 3-25 public employer shall be open to the public and in compliance with 3-26 the other state statutes. 3-27 Sec. 144.006. ENFORCEABILITY OF AGREEMENT. A written 4-1 agreement made under this chapter between a public employer and a 4-2 fire fighter association is enforceable and binding upon the public 4-3 employer, the fire fighter association, fire fighters covered by 4-4 the agreement if the governing body ratifies the agreement by a 4-5 majority vote and the fire fighter association ratifies the 4-6 agreement by a majority vote of its member by secret ballot. The 4-7 state district court of the judicial district in which the 4-8 municipality is located has full authority and jurisdiction on the 4-9 application of either party aggrieved by an action or omission of 4-10 the other party when the action or omission relates to the rights, 4-11 duties, or obligations provided under the written agreement or by 4-12 this chapter. The court may issue proper restraining orders, 4-13 temporary and permanent injunctions, and any other writ, order, or 4-14 process, including contempt orders, that are appropriate to 4-15 enforcing this chapter. 4-16 Sec. 144.007. CHAPTER TAKES PRECEDENCE. (a) This chapter 4-17 shall supersede all conflicting provisions in previous statutes 4-18 affecting the subject matter; and shall preempt all contrary local 4-19 ordinances, executive orders, legislation, rules, or regulations 4-20 adopted by the state or by any of its political subdivisions or 4-21 agents such as, but not limited to, a personnel board, a civil 4-22 service commission, or home-rule municipality. 4-23 (a) A written agreement under this chapter between a public 4-24 employer and a fire fighter association supersedes a previous 4-25 statute concerning wages, salaries, rates of pay, hours of work, 4-26 other terms and conditions of employment, and affirmative action 4-27 programs to the extent of any conflict with previous statute. 5-1 (b) A written agreement under this chapter preempts all 5-2 contrary local ordinances, executive orders, legislation, or rules 5-3 adopted by the state or a political subdivision or agent of the 5-4 state, such as a personnel board, a civil service commission, or a 5-5 home-rule municipality. 5-6 SECTION 2. This Act takes effect September 1, 1993. 5-7 SECTION 3. The importance of this legislation and the 5-8 crowded condition of the calendars in both houses create an 5-9 emergency and an imperative public necessity that the 5-10 constitutional rule requiring bills to be read on three several 5-11 days in each house be suspended, and this rule is hereby suspended, 5-12 and that this Act take effect and be in force from and after its 5-13 passage, and it is so enacted.