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 3-36 -------------------------------------------------------------------