1-1     By:  Gallegos                                          S.B. No. 336

 1-2           (In the Senate - Filed January 28, 1997; February 3, 1997,

 1-3     read first time and referred to Committee on Intergovernmental

 1-4     Relations; March 25, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 8, Nays 2; March 25, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                             By:  Gallegos

 1-7     Amend S.B. No. 336 in SECTION 1 of the bill (page 1, line 53, by

 1-8     adding to Section 176.003 after the word "174" and before the "."

 1-9     the following: "or of a municipality covered by Subchapter H,

1-10     Chapter 143"

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to the right of fire fighters to meet and confer.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Subtitle C, Title 5, Local Government Code, is

1-16     amended by adding Chapter 176 to read as follows:

1-17                    CHAPTER 176.  FIRE FIGHTERS RELATIONS

1-18           Sec. 176.001.  SHORT TITLE.  This chapter may be cited as the

1-19     Fire Fighters Relations Act.

1-20           Sec. 176.002.  POLICY.  It is declared to be the policy of

1-21     the State of Texas that fire fighters, like employees in the

1-22     private sector, should have the right to organize for the purpose

1-23     of dealing with and to confer collectively with their public

1-24     employer concerning wages, hours, working conditions, and all other

1-25     terms and conditions of employment.  It is further declared to be

1-26     the policy of the State of Texas that a public employer shall

1-27     recognize a fire fighters association for the purpose of

1-28     representation consistent with the provisions of this chapter,

1-29     provided that such fire fighters association does not claim or

1-30     advocate the illegal right to strike.

1-31           Sec. 176.003.  LOCAL CONTROL.  A public employer may not

1-32     under the provisions of this chapter be denied local control over

1-33     the wages, salaries, rates of pay, hours of work, other terms and

1-34     conditions of employment, or diversity programs or other personnel

1-35     issues for which the state mandates the adoption of a policy by the

1-36     public employer.  To ensure resolution of these matters at the

1-37     local level, the public employer and the recognized fire fighters

1-38     association may meet, confer, and bargain collectively in good

1-39     faith for the purpose of reaching a mutual written agreement.  Such

1-40     obligation, however, does not compel either party to agree to a

1-41     proposal or require the making of a concession.  To ensure local

1-42     and harmonious relations in pursuit of agreements under the terms

1-43     of this chapter, the fire fighters of a municipality may not engage

1-44     in strikes or organized work stoppages against this state or a

1-45     municipality of this state.  A fire fighter who participates in a

1-46     strike forfeits all civil service rights, reemployment rights, and

1-47     any other rights, benefits, or privileges the fire fighter enjoys

1-48     as a result of employment or prior employment, except that the

1-49     right of an individual to cease work may not be abridged if the

1-50     individual is not acting in concert with others in an organized

1-51     work stoppage.  This chapter is not applicable to fire fighters of

1-52     fire departments of political subdivisions of this state which have

1-53     adopted the provisions of Chapter 174.

1-54           Sec. 176.004.  DEFINITIONS.  In this chapter:

1-55                 (1)  "Fire fighters association" means an organization

1-56     in which fire fighters participate and which exists for the

1-57     purpose, in whole or part, of dealing with one or more employers,

1-58     whether public or private, concerning grievances, labor disputes,

1-59     wages, rates of pay, hours of employment, or conditions of work

1-60     affecting fire fighters.

1-61                 (2)  "Public employer" means any municipality or

1-62     agency, board, commission, or political subdivision that is

1-63     required to establish the wages, salaries, rates of pay, hours,

1-64     working conditions, other terms and conditions of employment, and

 2-1     diversity programs of fire fighters.  The term may include, under

 2-2     appropriate circumstances, a mayor, manager, or administrator of a

 2-3     municipality, a municipal governing body, a director of personnel,

 2-4     a personnel board, or one or more other public officials or

 2-5     entities, regardless of the name by which they are designated.

 2-6                 (3)  "Written agreement" means a written agreement

 2-7     between a public employer and a fire fighters association.

 2-8           Sec. 176.005.  RECOGNITION OF FIRE FIGHTERS ASSOCIATION.

 2-9     (a)  A fire fighters association selected by a petition signed by a

2-10     majority of the fire fighters in a department, division, or bureau,

2-11     regardless of the name by which it is designated, in a municipality

2-12     that chooses to confer, meet, and bargain, shall be recognized by

2-13     the public employer as the sole and exclusive bargaining agent for

2-14     all of the covered fire fighters, excluding the department head and

2-15     assistant department heads of the department, unless and until

2-16     recognition of the fire fighters association is withdrawn by a

2-17     majority of those fire fighters.

2-18           (b)  In the event of a question about whether a fire fighters

2-19     association is the majority representative of the covered fire

2-20     fighters, the question shall be resolved by a fair election

2-21     conducted according to procedures agreeable to the parties.  If the

2-22     parties are unable to agree on such procedures, either party may

2-23     request the Federal Mediation and Conciliation Service to conduct

2-24     the election and to certify the results.  Certification of the

2-25     results of an election resolves the question concerning

2-26     representation.  The fire fighters association is liable for the

2-27     expenses of the election, except that if two or more associations

2-28     seeking recognition as the bargaining agent submit petitions signed

2-29     by a majority of the covered fire fighters, the associations shall

2-30     share equally the costs of the election.

2-31           Sec. 176.006.  OPEN MEETINGS REQUIRED.  All deliberations

2-32     relating to an agreement between a fire fighters association and a

2-33     public employer shall be open to the public and comply with other

2-34     state law.

2-35           Sec. 176.007.  ENFORCEABILITY OF AGREEMENT.  (a)  A written

2-36     agreement made under this chapter is enforceable and binding on the

2-37     public employer, the fire fighters association, and the public

2-38     employees covered by the written agreement if:

2-39                 (1)  the municipality's governing body ratifies the

2-40     written agreement by a majority vote; and

2-41                 (2)  the fire fighters association ratifies the written

2-42     agreement, by secret ballot, by a majority of the members voting.

2-43           (b)  The state district court of the judicial district in

2-44     which the municipality is located has full authority and

2-45     jurisdiction on the application of either party aggrieved by an

2-46     action or omission related to the rights, duties, or obligations

2-47     provided by a written agreement ratified as described by Subsection

2-48     (a).  The court may issue proper restraining orders, temporary and

2-49     permanent injunctions, and any other writ, order, or process,

2-50     including contempt orders, that are appropriate to enforcing this

2-51     chapter.

2-52           Sec. 176.008.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.

2-53     (a)  A written agreement under this chapter supersedes any previous

2-54     law concerning wages, salaries, rates of pay, hours of work, other

2-55     terms and conditions of employment, and diversity programs to the

2-56     extent of any conflict with the previous law.

2-57           (b)  A written agreement under this chapter preempts all

2-58     contrary local ordinances, executive orders, legislation, or rules

2-59     adopted by the state or a political subdivision or agent of the

2-60     state, such as a personnel board, a civil service commission, or a

2-61     home-rule municipality provided that provisions of the written

2-62     agreement shall take precedence over state or local civil service

2-63     provisions only if the written agreement specifically so provides.

2-64     With the exception of action taken by the legislature, civil

2-65     service provisions shall not be repealed or modified by any other

2-66     manner or method other than mutual written agreement, although

2-67     arbitrators and courts, where appropriate, may interpret and

2-68     enforce civil service provisions.

2-69           (c)  Although employee benefits that are provided through

 3-1     state law or local ordinance may be modified by mutual written

 3-2     agreement for periods not to exceed the term of any such written

 3-3     agreement, nothing contained in this chapter shall be construed as

 3-4     repealing any existing benefit provided by law or ordinance

 3-5     concerning employees' salaries, pensions, retirement plans, hours

 3-6     of work, conditions of work, or other emoluments.  This chapter

 3-7     shall be cumulative and in addition to the benefits provided by

 3-8     such laws and ordinances.

 3-9           SECTION 2.  This Act takes effect September 1, 1997.

3-10           SECTION 3.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.

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