By: Barrientos S.B. No. 1354
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the right of certain municipalities to maintain local
1-2 control over wages, hours, and other terms and conditions of
1-3 employment for fire fighters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 5, Local Government Code, is
1-6 amended by adding Chapter 144 to read as follows:
1-7 CHAPTER 144. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS
1-8 Sec. 144.001. POPULATION. This chapter applies only to a
1-9 municipality that has adopted Chapter 143, Local Government Code,
1-10 or has a population of 60,000 or more; but does not apply to a
1-11 municipality that has adopted 5154c-1, Texas Revised Civil
1-12 Statutes.
1-13 Sec. 144.002. DEFINITIONS. In this chapter:
1-14 (1) "Fire fighter association" means an organization
1-15 in which fire fighters participate and which exists for the
1-16 purpose, in whole or part, of dealing with one or more employers,
1-17 whether public or private, concerning grievances, labor disputes,
1-18 wages, rates of pay, hours of employment, or conditions of work
1-19 affecting public employees.
1-20 (2) "Public employer" means any municipality or
1-21 agency, board, commission, or political subdivision controlled by a
1-22 municipality who are required to establish the wages, salaries,
1-23 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
3-1 may not be abridged if the individual is not acting in concert with
3-2 others in an organized work stoppage.
3-3 Sec. 144.004. RECOGNITION OF FIRE FIGHTER ASSOCIATION.
3-4 (a) A fire fighter association selected by a petition signed by a
3-5 majority of its paid fire fighters in the municipality, excluding
3-6 the head of the department and assistant department heads in the
3-7 rank or classification immediately below that of the department
3-8 head, may be recognized by the public employer as the sole and
3-9 exclusive bargaining agent for all of the covered fire fighters
3-10 unless and until recognition of the association is withdrawn by a
3-11 majority of those fire fighters.
3-12 (b) In the event of a question about whether a fire fighter
3-13 association is the majority representative of the covered fire
3-14 fighters, the question shall be resolved by a fair election
3-15 conducted according to procedures agreeable to the parties. If the
3-16 parties are unable to agree on such procedures, either party may
3-17 request the American Arbitration Association to conduct the
3-18 election and to certify the results. Certification of the results
3-19 of an election resolves the questions concerning representation.
3-20 The fire fighter association is liable for the expenses of the
3-21 election, except that if two or more associations seeking
3-22 recognition as the bargaining agent submit petitions signed by a
3-23 majority of the covered fire fighters, the associations shall share
3-24 equally the costs of the election.
3-25 Sec. 144.005. OPEN MEETINGS REQUIRED. All deliberations
4-1 relating to an agreement between a fire fighter association and a
4-2 public employer shall be open to the public and in compliance with
4-3 the other state statutes.
4-4 Sec. 144.006. ENFORCEABILITY OF AGREEMENT. A written
4-5 agreement made under this chapter between a public employer and a
4-6 fire fighter association is enforceable and binding upon the public
4-7 employer, the fire fighter association, fire fighters covered by
4-8 the agreement if the governing body ratifies the agreement by a
4-9 majority vote and the fire fighter association ratifies the
4-10 agreement by a majority vote of its member by secret ballot. The
4-11 state district court of the judicial district in which the
4-12 municipality is located has full authority and jurisdiction on the
4-13 application of either party aggrieved by an action or omission of
4-14 the other party when the action or omission relates to the rights,
4-15 duties, or obligations provided under the written agreement or by
4-16 this chapter. The court may issue proper restraining orders,
4-17 temporary and permanent injunctions, and any other writ, order, or
4-18 process, including contempt orders, that are appropriate to
4-19 enforcing this chapter.
4-20 Sec. 144.007. CHAPTER TAKES PRECEDENCE. (a) This chapter
4-21 shall supersede all conflicting provisions in previous statutes
4-22 affecting the subject matter; and shall preempt all contrary local
4-23 ordinances, executive orders, legislation, rules, or regulations
4-24 adopted by the state or by any of its political subdivisions or
4-25 agents such as, but not limited to, a personnel board, a civil
5-1 service commission, or home-rule municipality.
5-2 (a) A written agreement under this chapter between a public
5-3 employer and a fire fighter association supersedes a previous
5-4 statute concerning wages, salaries, rates of pay, hours of work,
5-5 other terms and conditions of employment, and affirmative action
5-6 programs to the extent of any conflict with previous statute.
5-7 (b) A written agreement under this chapter preempts all
5-8 contrary local ordinances, executive orders, legislation, or rules
5-9 adopted by the state or a political subdivision or agent of the
5-10 state, such as a personnel board, a civil service commission, or a
5-11 home-rule municipality.
5-12 SECTION 2. This Act takes effect September 1, 1993.
5-13 SECTION 3. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended,
5-18 and that this Act take effect and be in force from and after its
5-19 passage, and it is so enacted.