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.