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.