By:  Gallegos                                          S.B. No. 336

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the right of fire fighters to meet and confer.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subtitle C, Title 5, Local Government Code, is

 1-4     amended by adding Chapter 176 to read as follows:

 1-5                    CHAPTER 176.  FIRE FIGHTERS RELATIONS

 1-6           Sec. 176.001.  SHORT TITLE.  This chapter may be cited as the

 1-7     Fire Fighters Relations Act.

 1-8           Sec. 176.002.  POLICY.  It is declared to be the policy of

 1-9     the State of Texas that fire fighters, like employees in the

1-10     private sector, should have the right to organize for the purpose

1-11     of dealing with and to confer collectively with their public

1-12     employer concerning wages, hours, working conditions, and all other

1-13     terms and conditions of employment.  It is further declared to be

1-14     the policy of the State of Texas that a public employer shall

1-15     recognize a fire fighters association for the purpose of

1-16     representation consistent with the provisions of this chapter,

1-17     provided that such fire fighters association does not claim or

1-18     advocate the illegal right to strike.

1-19           Sec. 176.003.  LOCAL CONTROL.  A public employer may not

1-20     under the provisions of this chapter be denied local control over

1-21     the wages, salaries, rates of pay, hours of work, other terms and

1-22     conditions of employment, or diversity programs or other personnel

1-23     issues for which the state mandates the adoption of a policy by the

 2-1     public employer.  To ensure resolution of these matters at the

 2-2     local level, the public employer and the recognized fire fighters

 2-3     association may meet, confer, and bargain collectively in good

 2-4     faith for the purpose of reaching a mutual written agreement.  Such

 2-5     obligation, however, does not compel either party to agree to a

 2-6     proposal or require the making of a concession.  To ensure local

 2-7     and harmonious relations in pursuit of agreements under the terms

 2-8     of this chapter, the fire fighters of a municipality may not engage

 2-9     in strikes or organized work stoppages against this state or a

2-10     municipality of this state.  A fire fighter who participates in a

2-11     strike forfeits all civil service rights, reemployment rights, and

2-12     any other rights, benefits, or privileges the fire fighter enjoys

2-13     as a result of employment or prior employment, except that the

2-14     right of an individual to cease work may not be abridged if the

2-15     individual is not acting in concert with others in an organized

2-16     work stoppage.  This chapter is not applicable to fire fighters of

2-17     fire departments of political subdivisions of this state which have

2-18     adopted the provisions of Chapter 174.

2-19           Sec. 176.004.  DEFINITIONS.  In this chapter:

2-20                 (1)  "Fire fighters association" means an organization

2-21     in which fire fighters participate and which exists for the

2-22     purpose, in whole or part, of dealing with one or more employers,

2-23     whether public or private, concerning grievances, labor disputes,

2-24     wages, rates of pay, hours of employment, or conditions of work

2-25     affecting fire fighters.

 3-1                 (2)  "Public employer" means any municipality or

 3-2     agency, board, commission, or political subdivision that is

 3-3     required to establish the wages, salaries, rates of pay, hours,

 3-4     working conditions, other terms and conditions of employment, and

 3-5     diversity programs of fire fighters.  The term may include, under

 3-6     appropriate circumstances, a mayor, manager, or administrator of a

 3-7     municipality, a municipal governing body, a director of personnel,

 3-8     a personnel board, or one or more other public officials or

 3-9     entities, regardless of the name by which they are designated.

3-10                 (3)  "Written agreement" means a written agreement

3-11     between a public employer and a fire fighters association.

3-12           Sec. 176.005.  RECOGNITION OF FIRE FIGHTERS ASSOCIATION.

3-13     (a)  A fire fighters association selected by a petition signed by a

3-14     majority of the fire fighters in a department, division, or bureau,

3-15     regardless of the name by which it is designated, in a municipality

3-16     that chooses to confer, meet, and bargain, shall be recognized by

3-17     the public employer as the sole and exclusive bargaining agent for

3-18     all of the covered fire fighters, excluding the department head and

3-19     assistant department heads of the department, unless and until

3-20     recognition of the fire fighters association is withdrawn by a

3-21     majority of those fire fighters.

3-22           (b)  In the event of a question about whether a fire fighters

3-23     association is the majority representative of the covered fire

3-24     fighters, the question shall be resolved by a fair election

3-25     conducted according to procedures agreeable to the parties.  If the

 4-1     parties are unable to agree on such procedures, either party may

 4-2     request the Federal Mediation and Conciliation Service to conduct

 4-3     the election and to certify the results.  Certification of the

 4-4     results of an election resolves the question concerning

 4-5     representation.  The fire fighters association is liable for the

 4-6     expenses of the election, except that if two or more associations

 4-7     seeking recognition as the bargaining agent submit petitions signed

 4-8     by a majority of the covered fire fighters, the associations shall

 4-9     share equally the costs of the election.

4-10           Sec. 176.006.  OPEN MEETINGS REQUIRED.  All deliberations

4-11     relating to an agreement between a fire fighters association and a

4-12     public employer shall be open to the public and comply with other

4-13     state law.

4-14           Sec. 176.007.  ENFORCEABILITY OF AGREEMENT.  (a)  A written

4-15     agreement made under this chapter is enforceable and binding on the

4-16     public employer, the fire fighters association, and the public

4-17     employees covered by the written agreement if:

4-18                 (1)  the municipality's governing body ratifies the

4-19     written agreement by a majority vote; and

4-20                 (2)  the fire fighters association ratifies the written

4-21     agreement, by secret ballot, by a majority of the members voting.

4-22           (b)  The state district court of the judicial district in

4-23     which the municipality is located has full authority and

4-24     jurisdiction on the application of either party aggrieved by an

4-25     action or omission related to the rights, duties, or obligations

 5-1     provided by a written agreement ratified as described by Subsection

 5-2     (a).  The court may issue proper restraining orders, temporary and

 5-3     permanent injunctions, and any other writ, order, or process,

 5-4     including contempt orders, that are appropriate to enforcing this

 5-5     chapter.

 5-6           SECTION 2.  This Act takes effect September 1, 1997.

 5-7           SECTION 3.  The importance of this legislation and the

 5-8     crowded condition of the calendars in both houses create an

 5-9     emergency and an imperative public necessity that the

5-10     constitutional rule requiring bills to be read on three several

5-11     days in each house be suspended, and this rule is hereby suspended.