SRC-JRN C.S.S.B. 396 75(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 396
By: Gallegos
Intergovernmental Relations
3-20-97
Committee Report (Substituted)


DIGEST 

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, C.S.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

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

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.  Sets forth authority and
jurisdiction of certain state district courts. 

SECTION 2. Amends Section 143.207(c), Local Government Code, to authorize
an agreement under Chapter 143H, of this code, not to diminish or qualify
any right of an employee under this chapter or other law unless 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 votes
received in a secret ballot referendum of the members. 

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

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 143.206, Local Government Code, to establish enforceability
standards. Redesignates proposed text to SECTION 2. 

 
SECTION 2. 

Redesignates Section 143.207(c), Local Government Code, to prohibit an
agreement from diminishing certain rights of an employee unless approved
by a majority of the votes received in a secret ballot referendum, rather
than requiring approval by a secret ballot election of certain members.
Deletes proposed text requiring the agreement to be approved if a majority
of the votes actually received in the election are in favor of adoption of
the agreement. 

SECTION 3. 

Redesignates effective clause and requires the Act to become effective
upon passage, rather than June 3, 1997.