By Bailey                                             H.B. No. 2153
       74R6850 PEP-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to meet and confer agreements for  firefighters in certain
    1-3  municipalities.
    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 145 to read as follows:
    1-7             CHAPTER 145.  FIREFIGHTER EMPLOYMENT MATTERS
    1-8                       IN CERTAIN MUNICIPALITIES
    1-9        Sec. 145.001.  APPLICABILITY.  This chapter does not apply to
   1-10  a municipality that has adopted Chapter 174 (The Fire and Police
   1-11  Employee Relations Act).
   1-12        Sec. 145.002.  DEFINITIONS.  In this chapter:
   1-13              (1)  "Firefighter's association" means an organization
   1-14  in which firefighters participate and that exists for the purpose,
   1-15  in whole or in part, of dealing with one or more employers, whether
   1-16  public or private, concerning grievances, labor disputes, wages,
   1-17  rates of pay, hours of employment, or conditions of work affecting
   1-18  firefighters.
   1-19              (2)  "Public employer" means any municipality or
   1-20  agency, board, commission, or political subdivision controlled by a
   1-21  municipality that is required to establish the wages, salaries,
   1-22  rates of pay, hours, working conditions, and other terms and
   1-23  conditions of employment of, and affirmative action programs
   1-24  affecting, public employees.  The term may include, under
    2-1  appropriate circumstances, a mayor, manager, administrator of a
    2-2  municipality, municipal governing body, director of personnel, or
    2-3  personnel board or one or more other officials, regardless of the
    2-4  name by which they are designated.
    2-5        Sec. 145.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
    2-6  RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied
    2-7  local control over wages, salaries, rates of pay, hours of work,
    2-8  other terms and conditions of employment, or other personnel
    2-9  issues, including affirmative action programs.  To ensure
   2-10  resolution of these matters, the public employer and the
   2-11  firefighter's association that is recognized as the sole and
   2-12  exclusive bargaining agent for all firefighters in the municipality
   2-13  shall meet and confer in good faith to reach a written agreement.
   2-14  This chapter does not require the public employer or the
   2-15  firefighter's association to agree to a proposal or concede on any
   2-16  issue.
   2-17        (b)  A public employer and a firefighter's association
   2-18  recognized under this chapter as a sole and exclusive bargaining
   2-19  agent may meet and confer only if the association  does not
   2-20  advocate the illegal right to strike by public employees.
   2-21        (c)  A firefighter may not engage in a strike or organized
   2-22  work stoppage against this state or a political subdivision of this
   2-23  state.  A firefighter who participates in a strike forfeits all
   2-24  civil service rights, reemployment rights, and other rights,
   2-25  benefits, or privileges the firefighter enjoys as a result of the
   2-26  firefighter's employment or previous employment with the
   2-27  municipality.  This subsection does not affect the right of a
    3-1  firefighter to cease employment if the firefighter is not acting in
    3-2  concert with other firefighters.
    3-3        Sec. 145.004.  RECOGNITION OF FIREFIGHTER'S ASSOCIATION.  (a)
    3-4  The public employer shall recognize a firefighter's association
    3-5  that submits a petition signed by a majority of the paid
    3-6  firefighters in the municipality, excluding the head of the
    3-7  department and assistant department heads in the rank or
    3-8  classification immediately below that of the department head, as
    3-9  the sole and exclusive bargaining agent for all of the covered
   3-10  firefighters unless recognition of the association is withdrawn by
   3-11  a majority of the covered firefighters.
   3-12        (b)  A question of whether an association is the majority
   3-13  representative of the covered firefighters shall be resolved by a
   3-14  fair election conducted according to procedures agreed to by the
   3-15  parties.  If the parties are unable to agree on election
   3-16  procedures, either party may request the American Arbitration
   3-17  Association to conduct the election and to certify the results.
   3-18  Certification of the results of an election under this subsection
   3-19  resolves the question concerning representation.  The firefighter's
   3-20  association shall pay the costs of the election, except that if two
   3-21  or more associations seeking recognition as the bargaining agent
   3-22  submit petitions signed by a majority of the covered firefighters,
   3-23  the associations shall share equally the costs of the election.
   3-24        Sec. 145.005.  OPEN MEETINGS AND RECORDS REQUIRED.  A meeting
   3-25  of the public employer and a firefighter's association under
   3-26  Section 145.003 is open to the public under Chapter 551, Government
   3-27  Code.  An agreement made under this chapter and any document
    4-1  prepared and used by the municipality in connection with the
    4-2  agreement are available to the public under Chapter 552, Government
    4-3  Code.  This section does not affect the application of Subchapter
    4-4  C, Chapter 552, Government Code, to a document prepared and used by
    4-5  the municipality in connection with the agreement.
    4-6        Sec. 145.006.  ENFORCEABILITY OF AGREEMENT.  (a)  A written
    4-7  agreement made under this chapter between a public employer and a
    4-8  firefighter's association is binding on the public employer, the
    4-9  association, and the firefighters covered by the agreement.
   4-10        (b)  The district court in the municipality has full
   4-11  authority and jurisdiction on the application of either party
   4-12  aggrieved by an act or omission of the other party related to a
   4-13  right, duty, or obligation provided by a written agreement under
   4-14  this chapter.  The court may issue proper restraining orders,
   4-15  temporary and permanent injunctions, or any other writ, order, or
   4-16  process, including a contempt order, that is appropriate to enforce
   4-17  the agreement.
   4-18        Sec. 145.007.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
   4-19  (a)  A written agreement under this chapter supersedes a previous
   4-20  statute concerning wages, salaries, rates of pay, hours of work, or
   4-21  other terms and conditions of employment or affirmative action
   4-22  programs to the extent of any conflict with the statute.
   4-23        (b)  A written agreement under this chapter preempts any
   4-24  contrary statute, executive order, local ordinance, or rule adopted
   4-25  by the state or a political subdivision or agent of the state,
   4-26  including a personnel board, a civil service commission, or a
   4-27  home-rule municipality.
    5-1        (c)  An agreement under this chapter may not diminish or
    5-2  qualify any right, benefit, or privilege of an employee under this
    5-3  chapter or other law.
    5-4        SECTION 2.  The importance of this legislation and the
    5-5  crowded condition of the calendars in both houses create an
    5-6  emergency and an imperative public necessity that the
    5-7  constitutional rule requiring bills to be read on three several
    5-8  days in each house be suspended, and this rule is hereby suspended,
    5-9  and that this Act take effect and be in force from and after its
   5-10  passage, and it is so enacted.