AN ACT

 1-1     relating to local control of fire fighter employment matters in

 1-2     certain municipalities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 143.206, Local Government Code, is

 1-5     amended to read as follows:

 1-6           Sec. 143.206.  ENFORCEABILITY OF AGREEMENT.  (a)  A written

 1-7     agreement made under this subchapter between a public employer and

 1-8     a fire fighters association recognized as the sole and exclusive

 1-9     bargaining agent is enforceable and binding upon the public

1-10     employer, the fire fighters association recognized as the sole and

1-11     exclusive bargaining agent, and fire fighters covered by the

1-12     agreement if:

1-13                 (1)  the municipality's governing body ratified the

1-14     agreement by a majority vote; and

1-15                 (2)  the fire fighters association ratified the

1-16     agreement by a majority of the votes received in a referendum

1-17     [vote] of its members by secret ballot.

1-18           (b)  The state district court of the judicial district in

1-19     which the municipality is located has full authority and

1-20     jurisdiction on the application of either party aggrieved by an

1-21     action or omission of the other party when the action or omission

1-22     is related to a right, duty, or obligation provided by any written

1-23     agreement ratified by both the public employer and the fire

 2-1     fighters association.  The court may issue proper restraining

 2-2     orders, temporary and permanent injunctions, and any other writ,

 2-3     order, or process, including contempt orders, that are appropriate

 2-4     to enforcing any written agreement ratified by both the public

 2-5     employer and the fire fighters association.

 2-6           SECTION 2.  Subsection (c), Section 143.207, Local Government

 2-7     Code, is amended to read as follows:

 2-8           (c)  An agreement under this subchapter may not diminish or

 2-9     qualify any right, benefit, or privilege of an employee under this

2-10     chapter or other law unless approved by a majority of the votes

2-11     received in a [vote by] secret ballot referendum of the members of

2-12     the fire fighters association recognized as the sole and exclusive

2-13     bargaining agent.

2-14           SECTION 3.  This Act takes effect immediately and applies to

2-15     a referendum in which no vote has been received before the day

2-16     after the effective date of this Act.  A referendum in which a vote

2-17     was received before the day after the effective date of this Act is

2-18     governed by the law in effect at the time the vote was received,

2-19     and the former law is continued in effect for that purpose.

2-20           SECTION 4.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended,

2-25     and that this Act take effect and be in force from and after its

 3-1     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 396 passed the Senate on

         April 3, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 396 passed the House on

         May 13, 1997, by the following vote:  Yeas 143, Nays 0, two present

         not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor