SRC-TNM S.B. 336 75(R)                     BILL ANALYSIS


Senate Research CenterS.B. 336
By: Gallegos
Intergovernmental Relations
3-17-97
As Filed


DIGEST 

Currently, Texas has no formalized process to facilitate change or
improvements in working conditions for fire fighters with the exception of
the adoption of Chapter 174, Local Government Code.  The associations that
represent Texas fire fighters have used a method with set procedures,
which has been informally accepted by both city management and fire
fighters.  S.B. 336 would set forth certain conditions of employment for
fire fighters in Texas. 

PURPOSE

As proposed, S.B. 336 outlines provisions regarding the right of fire
fighters to meet and confer. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 5C, Local Government Code, by adding Chapter 176,
as follows: 

   CHAPTER 176. FIRE FIGHTERS RELATIONS

Sec. 176.001. SHORT TITLE: FIRE FIGHTERS RELATIONS ACT.

Sec. 176.002. POLICY. Sets forth the policy of the State of Texas
regarding fire fighters' rights.  Sets forth the policy of the State of
Texas regarding the recognition of a fire fighters organization by a
public employer. 

Sec. 176.003. LOCAL CONTROL. Sets forth requirements and prohibitions
regarding a public employer and  fire fighters under the provisions of
this chapter. 

Sec. 176.004. DEFINITIONS. Defines "fire fighters association," "public
employer," and "written agreement." 

Sec. 176.005. RECOGNITION OF FIRE FIGHTERS ASSOCIATION. Sets forth the
requirements of a fire fighters association.  Sets forth the requirements
in the event of a question about whether a fire fighters association is
the majority representative of the covered fire fighters.   

Sec. 176.006. OPEN MEETINGS REQUIRED. Requires all deliberations relating
to an agreement between a fire fighters association and a public employer
to be open to the public and comply with other state law. 

Sec. 176.007. ENFORCEABILITY OF AGREEMENT.  Sets forth the instances in
which a written agreement made under this chapter is enforceable and
binding on the public employer, the fire fighters association, and the
public employees covered by the written agreement.  Sets forth the
authorizations of the state district court of the judicial district in
which the municipality is located. 

 Sec. 176.008. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. Sets forth
provisions regarding a written agreement under this chapter that
supersedes conflicting provisions.  Prohibits the civil service
prohibitions from being repealed or modified, with the exception of the
legislature's action, although arbitrators and courts may interpret and
enforce civil service prohibitions.  Provides that nothing contained in
this chapter shall be construed as repealing any existing benefit provided
by law or ordinance concerning employees' salaries, pensions, retirement
plans, hours and conditions of work, or other emoluments, although
employee benefits that are provided through state law or local ordinance
may be modified by mutual written agreement for periods not to exceed the
term of any such written agreement.  Requires this chapter to be
cumulative and in addition to the benefits provided by such laws and
ordinances. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.