76R13318 AJA-F
By Hodge H.B. No. 3542
Substitute the following for H.B. No. 3542:
By Burnam C.S.H.B. No. 3542
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conditions of employment for fire fighters in
1-3 certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 141, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. FIRE FIGHTER EMPLOYMENT AGREEMENTS IN
1-8 CERTAIN MUNICIPALITIES
1-9 Sec. 141.101. APPLICABILITY. This subchapter applies only
1-10 to a municipality that:
1-11 (1) has a population of one million or more; and
1-12 (2) has not voted to adopt Chapter 143 or 174.
1-13 Sec. 141.102. DEFINITIONS. In this subchapter:
1-14 (1) "Association" means an organization in which fire
1-15 fighters participate and that exists for the purpose, in whole or
1-16 in part, of dealing with one or more employers, whether public or
1-17 private, concerning grievances, labor disputes, wages, rates of
1-18 pay, hours of employment, or conditions of work affecting public
1-19 employees.
1-20 (2) "Public employer" means a municipality, or an
1-21 agency, board, commission, or other governmental entity controlled
1-22 by a municipality, that is required to establish the wages,
1-23 salaries, rates of pay, hours, working conditions, and other terms
1-24 and conditions of employment of public employees. The term
2-1 includes, under appropriate circumstances, a mayor, manager,
2-2 administrator of a municipality, municipal governing body, director
2-3 of personnel, personnel board, or one or more other officials,
2-4 regardless of the name by which they are designated.
2-5 Sec. 141.103. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
2-6 STRIKES. (a) The wages, assistance, benefits, working conditions,
2-7 and other terms of municipal employment for a municipality's fire
2-8 fighters may be determined by an agreement between a public
2-9 employer and the bargaining agent for fire fighters in the
2-10 municipality. An agreement must be in writing to be enforceable.
2-11 (b) A municipality and the bargaining agent are not required
2-12 by this subchapter to meet and confer on any issue and are not
2-13 required to reach an agreement.
2-14 (c) A public employer may meet and confer only if an
2-15 association recognized under this subchapter as the sole and
2-16 exclusive bargaining agent does not advocate the illegal right to
2-17 strike by public employees.
2-18 (d) Fire fighters of a municipality may not engage in
2-19 strikes or organized work stoppages against this state or a
2-20 political subdivision of this state. A fire fighter who
2-21 participates in a strike or organized work stoppage forfeits all
2-22 civil service rights, reemployment rights, and any other rights,
2-23 benefits, or privileges the fire fighter enjoys as a result of
2-24 employment or prior employment.
2-25 Sec. 141.104. RECOGNITION OF ASSOCIATION AS BARGAINING
2-26 AGENT. (a) An association submitting a petition signed by a
2-27 majority of the fire fighters employed by the municipality,
3-1 excluding the head of the department and assistant department heads
3-2 in the rank or classification immediately below that of the
3-3 department head, shall be recognized by the public employer as the
3-4 sole and exclusive bargaining agent for all of the fire fighters
3-5 entitled to sign the petition until recognition of the association
3-6 is withdrawn by a majority of those fire fighters.
3-7 (b) Whether an association represents a majority of the fire
3-8 fighters entitled to sign the petition under Subsection (a) shall
3-9 be resolved by a fair election conducted according to procedures
3-10 agreeable to the parties. If the parties are unable to agree on
3-11 procedures, either party may request the American Arbitration
3-12 Association to conduct the election and to certify the results.
3-13 Certification of the results of an election resolves the question
3-14 concerning representation. The association is liable for the
3-15 expenses of the election, except that if two or more associations
3-16 seeking recognition as the bargaining agent submit petitions signed
3-17 by a majority of the fire fighters entitled to sign the petition
3-18 under Subsection (a), the associations shall share equally the
3-19 costs of the election.
3-20 Sec. 141.105. OPEN RECORDS REQUIRED. All documents relating
3-21 to an agreement between an association and a public employer are
3-22 available to the public in accordance with any applicable state
3-23 statutes.
3-24 Sec. 141.106. RATIFICATION AND ENFORCEABILITY OF AGREEMENT.
3-25 (a) A written agreement made under this subchapter between a
3-26 public employer and an association recognized as the sole and
3-27 exclusive bargaining agent is enforceable and binding on the public
4-1 employer, the association recognized as the sole and exclusive
4-2 bargaining agent, and all fire fighters entitled to sign a petition
4-3 under Section 141.104(a) if:
4-4 (1) the municipality's governing body ratified the
4-5 agreement; and
4-6 (2) the association ratified the agreement by
4-7 conducting a secret ballot election at which only fire fighters of
4-8 the municipality in the association were eligible to vote, and a
4-9 majority of the votes cast at the election favored ratifying the
4-10 agreement.
4-11 (b) A state district court of the judicial district in which
4-12 a majority of the population of the municipality is located has
4-13 full authority and jurisdiction on the application of either party
4-14 aggrieved by an action or omission of the other party when the
4-15 action or omission is related to a right, duty, or obligation
4-16 provided by any written agreement ratified under Subsection (a).
4-17 The court may issue proper restraining orders, temporary and
4-18 permanent injunctions, and any other writ, order, or process,
4-19 including contempt orders, that are appropriate to enforcing the
4-20 written agreement ratified under Subsection (a).
4-21 Sec. 141.107. TERM OF AGREEMENT; EXTENSIONS. (a) An
4-22 initial agreement under this subchapter may not exceed a term of
4-23 two years.
4-24 (b) A public employer and an association recognized as the
4-25 sole and exclusive bargaining agent may agree to extend an existing
4-26 agreement for a term not to exceed one year.
4-27 Sec. 141.108. CONFLICTING PROVISIONS. (a) A written
5-1 agreement under this subchapter preempts all contrary local
5-2 ordinances, executive orders, civil service provisions, or rules
5-3 adopted by a municipality or a political subdivision or agent of a
5-4 municipality, such as a personnel board or a civil service
5-5 commission.
5-6 (b) An agreement under this subchapter may not diminish or
5-7 qualify any right, benefit, or privilege of an employee under a
5-8 local ordinance or other local law unless approved by a majority of
5-9 the votes cast at the secret ballot election held by the
5-10 association to ratify the agreement under Section 141.106.
5-11 (c) An agreement may not interfere with the right of a fire
5-12 fighter to pursue allegations of discrimination based on race,
5-13 creed, color, national origin, religion, age, sex, or disability
5-14 with the Commission on Human Rights or the United States Equal
5-15 Employment Opportunity Commission or to pursue affirmative action
5-16 litigation.
5-17 (d) A matter that is not covered by an agreement ratified
5-18 under Section 141.106 remains covered by any applicable local civil
5-19 service provision, local ordinance, or other state or local law.
5-20 Sec. 141.109. REPEAL. (a) If, not later than 45 days after
5-21 the date the agreement is ratified by the municipality and the
5-22 association recognized as the sole and exclusive bargaining agent,
5-23 the voters submit a petition to the municipal secretary signed by a
5-24 number of voters equal to ten percent of the votes cast at the most
5-25 recent mayoral election in the municipality, the governing body of
5-26 the municipality must:
5-27 (1) vote to repeal the agreement; or
6-1 (2) call an election of the registered qualified
6-2 voters in the municipality to vote on whether to repeal the
6-3 agreement.
6-4 (b) An election under this section must be held during the
6-5 next regularly scheduled municipal general election or at a special
6-6 election called by the governing body of the municipality. The
6-7 agreement is repealed if a majority of votes in the election are in
6-8 favor of repeal.
6-9 (c) The ballot at an election under this section shall be
6-10 printed to provide for voting for or against the proposition:
6-11 "Repeal of the adoption of the agreement ratified by the
6-12 municipality and the fire fighters of the municipality concerning
6-13 wages, salaries, rates of pay, hours of work, and other terms of
6-14 employment."
6-15 SECTION 2. Chapter 142, Local Government Code, is amended by
6-16 adding Section 142.0011 to read as follows:
6-17 Sec. 142.0011. APPLICABILITY. A provision of this chapter
6-18 does not apply to fire fighters in a municipality if the
6-19 municipality adopts an agreement under Subchapter C, Chapter 141,
6-20 regarding the wages, salaries, rates of pay, hours, working
6-21 conditions, and other terms and conditions of employment of fire
6-22 fighters and the agreement addresses the matter addressed by the
6-23 provision.
6-24 SECTION 3. This Act takes effect September 1, 1999.
6-25 SECTION 4. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.