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.