1-1     By:  Gallegos                                          S.B. No. 396

 1-2           (In the Senate - Filed January 30, 1997; February 4, 1997,

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

 1-4     Relations; March 25, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     March 25, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 396                 By:  Gallegos

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to local control of fire fighter employment matters in

1-11     certain municipalities.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 143.206, Local Government Code, is

1-14     amended to read as follows:

1-15           Sec. 143.206.  ENFORCEABILITY OF AGREEMENT.  (a)  A written

1-16     agreement made under this subchapter between a public employer and

1-17     a fire fighters association recognized as the sole and exclusive

1-18     bargaining agent is enforceable and binding upon the public

1-19     employer, the fire fighters association recognized as the sole and

1-20     exclusive bargaining agent, and fire fighters covered by the

1-21     agreement if:

1-22                 (1)  the municipality's governing body ratified the

1-23     agreement by a majority vote; and

1-24                 (2)  the fire fighters association ratified the

1-25     agreement by a majority of the votes received in a referendum

1-26     [vote] of its members by secret ballot.

1-27           (b)  The state district court of the judicial district in

1-28     which the municipality is located has full authority and

1-29     jurisdiction on the application of either party aggrieved by an

1-30     action or omission of the other party when the action or omission

1-31     is related to a right, duty, or obligation provided by any written

1-32     agreement ratified by both the public employer and the fire

1-33     fighters association.  The court may issue proper restraining

1-34     orders, temporary and permanent injunctions, and any other writ,

1-35     order, or process, including contempt orders, that are appropriate

1-36     to enforcing any written agreement ratified by both the public

1-37     employer and the fire fighters association.

1-38           SECTION 2.  Subsection (c), Section 143.207, Local Government

1-39     Code, is amended to read as follows:

1-40           (c)  An agreement under this subchapter may not diminish or

1-41     qualify any right, benefit, or privilege of an employee under this

1-42     chapter or other law unless approved by a majority of the votes

1-43     received in a [vote by] secret ballot referendum of the members of

1-44     the fire fighters association recognized as the sole and exclusive

1-45     bargaining agent.

1-46           SECTION 3.  This Act takes effect immediately and applies to

1-47     a referendum in which no vote has been received before the day

1-48     after the effective date of this Act.  A referendum in which a vote

1-49     was received before the day after the effective date of this Act is

1-50     governed by the law in effect at the time the vote was received,

1-51     and the former law is continued in effect for that purpose.

1-52           SECTION 4.  The importance of this legislation and the

1-53     crowded condition of the calendars in both houses create an

1-54     emergency and an imperative public necessity that the

1-55     constitutional rule requiring bills to be read on three several

1-56     days in each house be suspended, and this rule is hereby suspended,

1-57     and that this Act take effect and be in force from and after its

1-58     passage, and it is so enacted.

1-59                                  * * * * *