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.