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
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   3-21  Name:  Joe Paniagua                                      x
   3-22  Representing:  City of Fort Worth
   3-23  City:  Fort Worth
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   3-25  Name:  Ken Bailey                                x
   3-26  Representing:  Texas State Assn of Fire Fighter
   3-27  City:  Austin
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   3-29  Name:  Rick Mumey                                x
   3-30  Representing:  Houston Professional Fire Fig
   3-31  City:  Houston
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   3-33  Name:  Louis Bebert                              x
   3-34  Representing:  Int Assoc Fire Fighters
   3-35  City:  Beaumont
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