By Serna                                        H.B. No. 1165
      75R4993 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to fire and police employee relations in certain political
 1-3     subdivisions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 174.003(4), Local Government Code, is
 1-6     amended to read as follows:
 1-7                 (4)  "Political subdivision" includes a municipality or
 1-8     county.
 1-9           SECTION 2.  Section 174.201, Local Government Code, is
1-10     amended to read as follows:
1-11           Sec. 174.201.  DEFINITION.  In this subchapter, "strike"
1-12     means failing to report for duty in concerted action with others,
1-13     wilfully being absent from one's position, stopping work,
1-14     abstaining from the full, faithful, and proper performance of the
1-15     duties of employment, or interfering with the operation of a
1-16     political subdivision [municipality] in any manner, to induce,
1-17     influence, or coerce a change in the conditions, compensation,
1-18     rights, privileges, or obligations of employment.
1-19           SECTION 3.  Section 174.203, Local Government Code, is
1-20     amended to read as follows:
1-21           Sec. 174.203.  LOCKOUT BY POLITICAL SUBDIVISION
1-22     [MUNICIPALITY]; INJUNCTION; PENALTY.  If a political subdivision
1-23     [municipality] or  its designated agent or a department or agency
1-24     head engages in a lockout of fire fighters or police officers, a
 2-1     court shall:
 2-2                 (1)  prohibit the lockout;
 2-3                 (2)  impose a fine not to exceed $2,000 on any
 2-4     individual violator; or
 2-5                 (3)  both prohibit the lockout and impose the fine.
 2-6           SECTION 4.  Sections 174.204(a) and (b), Local Government
 2-7     Code, are amended to read as follows:
 2-8           (a)  A district court for the judicial district in which a
 2-9     political subdivision [municipality] is located that finds that an
2-10     association has called, ordered, aided, or abetted a strike by fire
2-11     fighters or police officers shall:
2-12                 (1)  impose a fine on the association for each day of
2-13     the strike equal to 1/26 of the total of the association's annual
2-14     membership dues, but not less than $2,500 nor more than $20,000;
2-15     and
2-16                 (2)  order the forfeiture of any membership dues
2-17     checkoff for a specified period not to exceed 12 months.
2-18           (b)  If the court finds that the political subdivision
2-19     [municipality] or its representative engaged in acts of extreme
2-20     provocation that detract substantially from the association's
2-21     responsibility for the strike, the court may reduce the amount of
2-22     the fine.
2-23           SECTION 5.  Section 174.205, Local Government Code, is
2-24     amended to read as follows:
2-25           Sec. 174.205.  STRIKE; PENALTY AGAINST INDIVIDUAL.  If a fire
2-26     fighter or police officer engages in a strike, interferes with the
2-27     political subdivision [municipality], prevents the political
 3-1     subdivision  [municipality] from engaging in its duty, directs any
 3-2     employee of the political subdivision [municipality] to decline to
 3-3     work or to stop  or slow down work, causes another to fail or
 3-4     refuse to deliver goods or services to the political subdivision
 3-5     [municipality], pickets for any of those unlawful acts, or
 3-6     conspires to perform any of those acts:
 3-7                 (1)  the fire fighter's or police officer's
 3-8     compensation in any form may not increase in any manner until after
 3-9     the first anniversary of the date the individual resumes normal
3-10     working duties; and
3-11                 (2)  the fire fighter or police officer shall be on
3-12     probation for two years regarding civil service status, tenure of
3-13     employment, or contract of employment to which the individual was
3-14     previously entitled.
3-15           SECTION 6.  Section 174.251, Local Government Code, is
3-16     amended to read as follows:
3-17           Sec. 174.251.  JUDICIAL ENFORCEMENT GENERALLY.  A district
3-18     court for the judicial district in which a political subdivision
3-19     [municipality] is located, on the application of a party aggrieved
3-20     by an act or omission of the other party that relates to the rights
3-21     or duties under this chapter, may issue a restraining order,
3-22     temporary or permanent injunction, contempt order, or other writ,
3-23     order, or process appropriate to enforce this chapter.
3-24           SECTION 7.  Section 174.253(a), Local Government Code, is
3-25     amended to read as follows:
3-26           (a)  An award of an arbitration board may be reviewed by a
3-27     district court for the judicial district in which the political
 4-1     subdivision [municipality] is located only on the grounds that:
 4-2                 (1)  the arbitration board was without jurisdiction;
 4-3                 (2)  the arbitration board exceeded its jurisdiction;
 4-4                 (3)  the order is not supported by competent, material,
 4-5     and substantial evidence on the whole record; or
 4-6                 (4)  the order was obtained by fraud, collusion, or
 4-7     similar unlawful means.
 4-8           SECTION 8.  This Act is intended to clarify the law contained
 4-9     in Chapter 174, Local Government Code, in effect before the
4-10     effective date of this Act that applied, and continues to apply, to
4-11     all political subdivisions including counties.
4-12           SECTION 9.  The importance of this legislation and the
4-13     crowded condition of the calendars in both houses create an
4-14     emergency and an imperative public necessity that the
4-15     constitutional rule requiring bills to be read on three several
4-16     days in each house be suspended, and this rule is hereby suspended,
4-17     and that this Act take effect and be in force from and after its
4-18     passage, and it is so enacted.