SRC-PNG S.B. 553 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 553
76R5897 BDH-FBy: Gallegos
Intergovernmental Relations
3/23/1999
As Filed


DIGEST 

Currently, in Texas, no formalized process to facilitate change or
improvements in working conditions for fire fighters exists, short of
adoption of Chapter 174, Local Government Code.  This bill sets forth
certain conditions of employment and provides for local control of fire
fighter employment matters. 

PURPOSE

As proposed, S.B. 553 sets forth conditions of employment and provides for
the local control of fire fighter employment matters. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 5C, Local Government Code, by adding Chapter 176,
as follows: 

CHAPTER 176.  LOCAL CONTROL OF FIRE FIGHTER EMPLOYMENT MATTERS

Sec.  176.001.  APPLICABILITY.  Provides that this chapter does not apply
to certain political subdivisions. 

Sec.  176.002.  DEFINITIONS.  Defines "fire fighters association" and
"public employer." 

Sec.  176.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND
STRIKES.  Prohibits a political subdivision from being denied local control
over the wages, salaries, rates of pay, hours of work, diversity programs,
and other terms of employment, or other personnel issues, to the extent the
public employer and the fire fighters association recognized as the sole
and exclusive meet and confer agent (agent) for the fire fighters employed
by the political subdivision come to a mutual agreement on any of the terms
of employment.  Provides that if an agreement is not reached, the local
ordinances and civil service rules remain unaffected.  Authorizes a public
employer to meet and confer only if the fire fighters association
recognized as the sole and exclusive agent does not advocate the illegal
right to strike by public employees.  Prohibits the fire fighters of a
political subdivision from engaging in strikes or organized work stoppages
against this state or a political subdivision of this state.  Provides that
a fire fighter who participates in a strike forfeits all civil service
rights, reemployment rights, and any other rights, benefits, or privileges
the firefighter enjoys as a result of employment or prior employment,
except that the right of an individual to cease work may not be abridged if
the individual is not acting in concert with others in an organized work
stoppage.   

Sec.  176.004.  RECOGNITION OF FIRE FIGHTERS ASSOCIATION.  Provides that,
in a political subdivision that chooses to meet and confer under this
chapter, a fire fighters association (association) submitting a petition
signed by a majority of fire fighters employed by the political
subdivision, excluding certain fire department heads, shall be recognized
by the public employer as the sole and exclusive agent for all the fire
fighters employed by the  political subdivision, excluding certain fire
department heads, until recognition of the association is withdrawn by a
majority of those fire fighters.  Provides that, whether a fire fighters
association represents a majority of the covered fire fighters shall be
resolved by a fair election conducted according to procedures agreeable to
the parties.  Authorizes either party to request the Federal Mediation and
Conciliation Service to conduct the election and certify the results, if
the parties are unable to agree on procedures.  Provides that certification
of the election results resolves the question concerning representation.
Provides that the association is liable for the election expenses, except
that if two or more associations seeking recognition as the confer agents
submit petitions signed by a majority of the eligible fire fighters, the
associations are required to share equally the election costs. 

Sec.  176.005.  OPEN MEETINGS REQUIRED.  Requires all deliberations
relating to an agreement between an association and a public employer to be
open to the public and held in compliance with any applicable state
statutes.  

Sec.  176.006.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.  Provides
that a written agreement made under this chapter between a public employer
and a association recognized as the sole and exclusive agent is enforceable
and binding on the public employer, the association recognized as the sole
and exclusive agent, and fire fighters covered by the agreement under
certain circumstances.  Provides that a state district court of the
judicial district in which a majority of the population of the political
subdivision is located has full authority and jurisdiction on the
application of either party aggrieved by an action or omission of the other
party when the action or omission is related to a right, duty, or
obligation provided by any written agreement ratified under Subsection (a).
Authorizes the court to issue proper restraining orders, temporary and
permanent injunctions, and any other writ, order, or process that are
appropriate to enforcing the written agreement ratified under Subsection
(a). 

Sec.  176.007.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  Provides that
a written agreement between a public employer and the association
recognized as the sole and exclusive agent supersedes, during the term of
the agreement, a previous statute concerning certain employment issues and
certain employment and affirmative action programs to the extent of any
conflict with the previous statute.  Provides that a written agreement
preempts all contrary local ordinances, executive orders, civil service
provisions, or rules adopted by a political subdivision or a division or
agent of a political subdivision. Prohibits an agreement from diminishing
or qualifying any right, benefit, or privilege of an employee under a civil
service statute or other state law unless approved by a majority of votes
received in the secret ballot election on the agreement by the members of
the association recognized as the sole and exclusive agent.  Provides that
a matter not covered by an agreement ratified under Section 176.006 remains
covered by any applicable agreement or any applicable statute, civil
service provision, or other state or local law.  

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.