S.B. No. 1364
AN ACT
1-1 relating to municipal civil service in certain municipalities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Section 143.108, Local Government
1-4 Code, is amended to read as follows:
1-5 (b) If an eligibility list exists on the date a vacancy
1-6 occurs, the vacancy shall be filled by permanent appointment from
1-7 the eligibility list furnished by the commission within 60 days
1-8 after the date the vacancy occurs. If an eligibility list does not
1-9 exist, the vacancy shall be filled within 95 days after the date
1-10 the vacancy occurs from an eligibility list that the commission
1-11 shall provide within 90 days after the date the vacancy occurs.
1-12 SECTION 2. Subchapter G, Chapter 143, Local Government Code,
1-13 is amended by adding Section 143.1155 to read as follows:
1-14 Sec. 143.1155. ACCUMULATED VACATION AND HOLIDAY LEAVE. A
1-15 fire fighter or police officer who leaves the classified service
1-16 due to disability or the beneficiary of a fire fighter or police
1-17 officer who dies is entitled to receive a lump-sum payment of the
1-18 full amount of the fire fighter's or police officer's accumulated
1-19 vacation and holiday leave.
1-20 SECTION 3. Section 143.134, Local Government Code, is
1-21 amended by adding Subsection (h) to read as follows:
1-22 (h) If the decision of the commission under Section 143.131
1-23 or the decision of a hearing examiner under Section 143.129 that
1-24 has become final is favorable to a fire fighter, the department
2-1 head shall implement the relief granted to the fire fighter not
2-2 later than the 10th day after the date on which the decision was
2-3 issued. If the department head intentionally fails to implement
2-4 the relief within the 10-day period, the municipality shall pay the
2-5 fire fighter $1,000 for each day after the 10-day period that the
2-6 decision is not yet implemented.
2-7 SECTION 4. Subsection (d), Section 143.106, Local Government
2-8 Code, is repealed.
2-9 SECTION 5. Chapter 143, Local Government Code, is amended by
2-10 adding Subchapter H to read as follows:
2-11 SUBCHAPTER H. LOCAL CONTROL OF FIRE FIGHTER EMPLOYMENT MATTERS IN
2-12 MUNICIPALITIES WITH POPULATION OF 1.5 MILLION OR MORE
2-13 Sec. 143.201. POPULATION. This subchapter applies only to a
2-14 municipality with a population of 1.5 million or more, but does not
2-15 apply to a municipality that has adopted The Fire and Police
2-16 Employee Relations Act (Article 5154c-1, Vernon's Texas Civil
2-17 Statutes).
2-18 Sec. 143.202. DEFINITIONS. In this subchapter:
2-19 (1) "Fire fighters association" means an organization
2-20 in which fire fighters participate and which exists for the
2-21 purpose, in whole or in part, of dealing with one or more
2-22 employers, whether public or private, concerning grievances, labor
2-23 disputes, wages, rates of pay, hours of employment, or conditions
2-24 of work affecting public employees.
2-25 (2) "Public employer" means any municipality or
2-26 agency, board, commission, or political subdivision controlled by a
2-27 municipality which is required to establish the wages, salaries,
3-1 rates of pay, hours, working conditions, and other terms and
3-2 conditions of employment of public employees. The term may
3-3 include, under appropriate circumstances, a mayor, manager,
3-4 administrator of a municipality, municipal governing body, director
3-5 of personnel, personnel board, or one or more other officials,
3-6 regardless of the name by which they are designated.
3-7 Sec. 143.203. GENERAL PROVISIONS RELATING TO AGREEMENTS,
3-8 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
3-9 local control over the wages, salaries, rates of pay, hours of
3-10 work, and other terms and conditions of employment, or other
3-11 state-mandated personnel issues, if the public employer and the
3-12 fire fighters association recognized as the sole and exclusive
3-13 bargaining agent for all officers covered by this subchapter come
3-14 to a mutual agreement on any of the terms listed above. If no
3-15 agreement is reached, the existing state laws, local ordinances,
3-16 and civil service rules remain unaffected. All agreements shall be
3-17 reduced to writing. Nothing in this subchapter shall require
3-18 either party to meet and confer on any issue or reach an agreement.
3-19 (b) A public employer may only meet and confer if the fire
3-20 fighters association recognized under this subchapter as the sole
3-21 and exclusive bargaining agent does not advocate the illegal right
3-22 to strike by public employees.
3-23 (c) Fire fighters of a municipality may not engage in
3-24 strikes or organized work stoppages against this state or a
3-25 political subdivision of this state. A fire fighter who
3-26 participates in a strike forfeits all civil service rights,
3-27 reemployment rights, and any other rights, benefits, or privileges
4-1 the fire fighter enjoys as a result of employment or prior
4-2 employment, except that the right of an individual to cease work
4-3 may not be abridged if the individual is not acting in concert with
4-4 others in an organized work stoppage.
4-5 Sec. 143.204. RECOGNITION OF FIRE FIGHTER ASSOCIATION. (a)
4-6 A fire fighters association submitting a petition signed by a
4-7 majority of the paid fire fighters in the municipality, excluding
4-8 the head of the department and assistant department heads in the
4-9 rank or classification immediately below that of the department
4-10 head, may be recognized by the public employer as the sole and
4-11 exclusive bargaining agent for all of the covered fire fighters
4-12 unless and until recognition of the association is withdrawn by a
4-13 majority of those fire fighters.
4-14 (b) In the event of a question about whether a fire fighters
4-15 association represents a majority of the covered fire fighters, the
4-16 question shall be resolved by a fair election conducted according
4-17 to procedures agreeable to the parties. If the parties are unable
4-18 to agree on such procedures, either party may request the American
4-19 Arbitration Association to conduct the election and to certify the
4-20 results. Certification of the results of an election resolves the
4-21 question concerning representation. The fire fighters association
4-22 is liable for the expenses of the election, except that if two or
4-23 more associations seeking recognition as the bargaining agent
4-24 submit petitions signed by a majority of the covered fire fighters,
4-25 the associations shall share equally the costs of the election.
4-26 Sec. 143.205. OPEN RECORDS REQUIRED. All documents relating
4-27 to an agreement between a fire fighters association and a public
5-1 employer shall be available to the public pursuant to state
5-2 statutes.
5-3 Sec. 143.206. ENFORCEABILITY OF AGREEMENT. A written
5-4 agreement made under this subchapter between a public employer and
5-5 a fire fighters association recognized as the sole and exclusive
5-6 bargaining agent is enforceable and binding upon the public
5-7 employer, the fire fighters association recognized as the sole and
5-8 exclusive bargaining agent, and fire fighters covered by the
5-9 agreement if the municipality's governing body ratified the
5-10 agreement by a majority vote and the fire fighters association
5-11 ratified the agreement by a majority vote of its members by secret
5-12 ballot. The state district court of the judicial district in which
5-13 the municipality is located has full authority and jurisdiction on
5-14 the application of either party aggrieved by an action or omission
5-15 of the other party when the action or omission is related to a
5-16 right, duty, or obligation provided by any written agreement
5-17 ratified by both the public employer and the fire fighters
5-18 association. The court may issue proper restraining orders,
5-19 temporary and permanent injunctions, and any other writ, order, or
5-20 process, including contempt orders, that are appropriate to
5-21 enforcing any written agreement ratified by both the public
5-22 employer and the fire fighters association.
5-23 Sec. 143.207. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-24 (a) A written agreement under this subchapter between a public
5-25 employer and the fire fighters association recognized as the sole
5-26 and exclusive bargaining agent supersedes a previous statute
5-27 concerning wages, salaries, rates of pay, hours of work, and other
6-1 terms and conditions of employment to the extent of any conflict
6-2 with the previous statute.
6-3 (b) A written agreement under this subchapter preempts all
6-4 contrary local ordinances, executive orders, legislation, or rules
6-5 adopted by the state or a political subdivision or agent of the
6-6 state, such as a personnel board, a civil service commission, or a
6-7 home-rule municipality.
6-8 (c) An agreement under this subchapter may not diminish or
6-9 qualify any right, benefit, or privilege of an employee under this
6-10 chapter or other law unless approved by a majority vote by secret
6-11 ballot of the members of the fire fighters association recognized
6-12 as the sole and exclusive bargaining agent.
6-13 Sec. 143.208. REPEAL OF AGREEMENT BY ELECTORATE. Within 45
6-14 days after an agreement is ratified and signed by both the
6-15 municipality and the fire fighters association recognized as the
6-16 sole and exclusive bargaining agent, a petition signed by a number
6-17 of registered voters equal to 10 percent of the votes cast at the
6-18 most recent mayoral general election may be presented to the city
6-19 secretary calling an election for the repeal of the agreement.
6-20 Thereupon, the governing body shall reconsider the agreement and,
6-21 if it does not repeal the agreement, shall call an election of the
6-22 qualified voters to determine if they desire to repeal the
6-23 agreement. The election shall be called for the next municipal
6-24 election or a special election called by the governing body for
6-25 that purpose. If at the election a majority of the votes are cast
6-26 in favor of the repeal of the adoption of the agreement, then the
6-27 agreement shall become null and void. The ballot shall be printed
7-1 to provide for voting FOR or AGAINST the proposition:
7-2 "Repeal of the adoption of the agreement ratified by the
7-3 municipality and the fire fighters association concerning wages,
7-4 salaries, rates of pay, hours of work, and other terms and
7-5 conditions of employment."
7-6 Sec. 143.209. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a)
7-7 For the purpose of any disciplinary appeal to either the civil
7-8 service commission or a hearing examiner, all members of the
7-9 bargaining unit shall have the right to choose to be represented by
7-10 any person of their choice or the fire fighters association.
7-11 (b) No agreement shall interfere in the right of members of
7-12 the fire fighters association to pursue allegations of
7-13 discrimination based on race, creed, color, national origin,
7-14 religion, age, sex, or disability with the Commission on Human
7-15 Rights or the Equal Employment Opportunity Commission or to pursue
7-16 affirmative action litigation.
7-17 SECTION 6. (a) The changes in law made by this Act to
7-18 Sections 143.106 and 143.108, Local Government Code, apply only to
7-19 promotional vacancies created on or after the effective date of
7-20 this Act.
7-21 (b) Section 143.1155, Local Government Code, as added by
7-22 this Act, applies only to fire fighters or police officers who die
7-23 or who become disabled on or after the effective date of this Act.
7-24 (c) Subsection (h), Section 143.134, Local Government Code,
7-25 as added by this Act, applies only to a decision issued by a civil
7-26 service commission under Section 143.131, Local Government Code, or
7-27 by a hearing examiner under Section 143.129, Local Government Code,
8-1 on or after the effective date of this Act.
8-2 SECTION 7. This Act takes effect September 1, 1993.
8-3 SECTION 8. The importance of this legislation and the
8-4 crowded condition of the calendars in both houses create an
8-5 emergency and an imperative public necessity that the
8-6 constitutional rule requiring bills to be read on three several
8-7 days in each house be suspended, and this rule is hereby suspended.