1-1 By: Barrientos S.B. No. 1354
1-2 (In the Senate - Filed April 12, 1993; April 13, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; May 20, 1993, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the right of certain municipalities to maintain local
1-22 control over wages, hours, and other terms and conditions of
1-23 employment for fire fighters.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subtitle A, Title 5, Local Government Code, is
1-26 amended by adding Chapter 145 to read as follows:
1-27 CHAPTER 145. LOCAL CONTROL OF MUNICIPAL EMPLOYMENT MATTERS
1-28 Sec. 145.001. POPULATION. This chapter applies only to a
1-29 municipality that has adopted Chapter 143 or that has a population
1-30 of 60,000 or more but does not apply to a municipality that has
1-31 adopted The Fire and Police Employee Relations Act (Article
1-32 5154c-1, Vernon's Texas Civil Statutes).
1-33 Sec. 145.002. DEFINITIONS. In this chapter:
1-34 (1) "Fire fighter association" means an organization
1-35 in which fire fighters participate and which exists for the
1-36 purpose, in whole or part, of dealing with one or more employers,
1-37 whether public or private, concerning grievances, labor disputes,
1-38 wages, rates of pay, hours of employment, or conditions of work
1-39 affecting public employees.
1-40 (2) "Public employer" means any municipality or
1-41 agency, board, commission, or political subdivision controlled by a
1-42 municipality which is required to establish the wages, salaries,
1-43 rates of pay, hours, working conditions, other terms and conditions
1-44 of employment, and affirmative action programs of public employees.
1-45 The term may include under appropriate circumstances a mayor
1-46 manager, administrator of a municipality, municipal governing body,
1-47 director of personnel, personnel board, or one or more other
1-48 officials, regardless of the name by which they are designated.
1-49 Sec. 145.003. GENERAL PROVISIONS RELATING TO AGREEMENTS,
1-50 RECOGNITION, AND STRIKES. (a) A municipality covered by this
1-51 chapter may exercise local control over the wages, salaries, rates
1-52 of pay, hours of work, other terms and conditions of employment,
1-53 affirmative action programs, or other personnel issues affecting
1-54 fire fighters otherwise controlled by state law, by entering into a
1-55 mutual written agreement governing these issues with a fire fighter
1-56 association that does not advocate the illegal right to strike by
1-57 public employees.
1-58 (b) A municipality may recognize a fire fighter association
1-59 that does not advocate the illegal right to strike by public
1-60 employees as the bargaining agent for any group of paid fire
1-61 fighters so requesting such representation under this chapter.
1-62 (c) Fire fighters of a municipality may not engage in
1-63 strikes or organized work stoppages against this state or a
1-64 political subdivision of this state. A fire fighter who
1-65 participates in a strike forfeits all civil service rights,
1-66 reemployment rights, and any other rights, benefits, or privileges
1-67 the fire fighter enjoys as a result of employment or prior
1-68 employment, except that the right of an individual to cease work
2-1 may not be abridged if the individual is not acting in concert with
2-2 others in an organized work stoppage.
2-3 Sec. 145.004. RECOGNITION OF FIRE FIGHTER ASSOCIATION.
2-4 (a) A fire fighter association selected by a petition signed by a
2-5 majority of its paid fire fighters in the municipality, excluding
2-6 the head of the department and assistant department heads in the
2-7 rank or classification immediately below that of the department
2-8 head, may be recognized by the public employer as the sole and
2-9 exclusive bargaining agent for all of the covered fire fighters
2-10 unless and until recognition of the association is withdrawn by a
2-11 majority of those fire fighters.
2-12 (b) In the event of a question about whether a fire fighter
2-13 association is the majority representative of the covered fire
2-14 fighters, the question shall be resolved by a fair election
2-15 conducted according to procedures agreeable to the parties. If the
2-16 parties are unable to agree on such procedures, either party may
2-17 request the American Arbitration Association to conduct the
2-18 election and to certify the results. Certification of the results
2-19 of an election resolves the question concerning representation.
2-20 The fire fighter association is liable for the expenses of the
2-21 election, except that if two or more associations seeking
2-22 recognition as the bargaining agent submit petitions signed by a
2-23 majority of the covered fire fighters, the associations shall share
2-24 equally the costs of the election.
2-25 Sec. 145.005. OPEN MEETINGS REQUIRED. All deliberations
2-26 relating to an agreement between a fire fighter association and a
2-27 public employer shall be open to the public and in compliance with
2-28 other state statutes.
2-29 Sec. 145.006. ENFORCEABILITY OF AGREEMENT. A written
2-30 agreement made under this chapter between a public employer and a
2-31 fire fighter association is enforceable and binding on the public
2-32 employer, the fire fighter association, and the fire fighters
2-33 covered by the agreement if the governing body ratifies the
2-34 agreement by a majority vote and the fire fighter association
2-35 ratifies the agreement by a majority vote of its members by secret
2-36 ballot. The state district court of the judicial district in which
2-37 the municipality is located has full authority and jurisdiction
2-38 over the application of either party aggrieved by an action or
2-39 omission of the other party when the action or omission relates to
2-40 the rights, duties, or obligations provided under the written
2-41 agreement or by this chapter. The court may issue proper
2-42 restraining orders, temporary and permanent injunctions, and any
2-43 other writ, order, or process, including contempt orders, that are
2-44 appropriate to enforce this chapter.
2-45 Sec. 145.007. CHAPTER TAKES PRECEDENCE. (a) This chapter
2-46 shall supersede all conflicting provisions in previous statutes
2-47 affecting the subject matter and shall preempt all contrary local
2-48 ordinances, executive orders, legislation, rules, or regulations
2-49 adopted by the state or by any of its political subdivisions or
2-50 agents such as, but not limited to, a personnel board, a civil
2-51 service commission, or home-rule municipality.
2-52 (b) A written agreement under this chapter between a public
2-53 employer and a fire fighter association supersedes a previous
2-54 statute concerning wages, salaries, rates of pay, hours of work,
2-55 other terms and conditions of employment, and affirmative action
2-56 programs to the extent of any conflict with previous statute.
2-57 (c) A written agreement under this chapter preempts all
2-58 contrary local ordinances, executive orders, legislation, or rules
2-59 adopted by the state or a political subdivision or agent of the
2-60 state, such as a personnel board, a civil service commission, or a
2-61 home-rule municipality.
2-62 SECTION 2. This Act takes effect September 1, 1993.
2-63 SECTION 3. The importance of this legislation and the
2-64 crowded condition of the calendars in both houses create an
2-65 emergency and an imperative public necessity that the
2-66 constitutional rule requiring bills to be read on three several
2-67 days in each house be suspended, and this rule is hereby suspended,
2-68 and that this Act take effect and be in force from and after its
2-69 passage, and it is so enacted.
2-70 * * * * *
3-1 Austin,
3-2 Texas
3-3 May 20, 1993
3-4 Hon. Bob Bullock
3-5 President of the Senate
3-6 Sir:
3-7 We, your Committee on Intergovernmental Relations to which was
3-8 referred S.B. No. 1354, have had the same under consideration, and
3-9 I am instructed to report it back to the Senate with the
3-10 recommendation that it do pass and be printed.
3-11 Armbrister,
3-12 Chairman
3-13 * * * * *
3-14 WITNESSES
3-15 FOR AGAINST ON
3-16 ___________________________________________________________________
3-17 Name: Dick Bode City Councilman x
3-18 Representing: City of Plano & TML
3-19 City: Plano
3-20 -------------------------------------------------------------------
3-21 Name: Joe Paniagua x
3-22 Representing: City of Fort Worth
3-23 City: Fort Worth
3-24 -------------------------------------------------------------------
3-25 Name: Ken Bailey x
3-26 Representing: Texas State Assn of Fire Fighter
3-27 City: Austin
3-28 -------------------------------------------------------------------
3-29 Name: Rick Mumey x
3-30 Representing: Houston Professional Fire Fig
3-31 City: Houston
3-32 -------------------------------------------------------------------
3-33 Name: Louis Bebert x
3-34 Representing: Int Assoc Fire Fighters
3-35 City: Beaumont
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