JH S.B. 396 75(R)    BILL ANALYSIS


URBAN AFFAIRS
S.B. 396
By: Gallegos (Yarbrough)
5-5-97
Committee Report (Unamended)



BACKGROUND 

Currently, an agreement between a municipality and a firefighter's
association is prohibited from diminishing any right of an employee under
Subchapter H, Local Government Code, or other law unless approved by a
majority vote by secret ballot of the members of the firefighter's
association recognized as the bargaining agent. However, it may be unclear
if an agreement is ratified if a majority of the votes cast in the
membership election is in favor of ratification. This bill provides that
an agreement may not diminish the rights of an employee unless approved by
a majority of the votes received in a secret ballot referendum of the
members of the firefighter's association. 

PURPOSE

As proposed, S.B. 396 provides that an agreement may not diminish the
rights of an employee unless approved by a majority of the votes received
in a secret ballot referendum of the members of the firefighter's
association. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 143.206, Local Government Code, as follows:
  Sec. 143.206. ENFORCEABILITY OF AGREEMENT. Provides that a certain
written agreement is binding between certain entities and individuals if
the   municipality's governing body ratified the agreement by a majority
vote, and the   firefighter's association ratified the agreement by a
majority of the votes received   in a referendum, rather than a majority
vote, of its members by secret ballot. 

SECTION 2.   Amends Section 143.207(c), Local Government Code, to
authorize an agreement    to diminish or qualify any right of an employee
under this chapter or other law if   approved by a majority of the votes
received in a secret ballot referendum of the   firefighter's association
members, rather than a majority of the members. 

SECTION 3.  Effective date: upon passage. Makes application of this Act
prospective. 

SECTION 4.  Emergency clause.