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.