By Hodge H.B. No. 3542 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. 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 FIGHTERS 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, or commission, or other governmental entity 2-1 controlled by a municipality, that is required to establish the 2-2 wages, salaries, rates of pay, hours, working conditions, and other 2-3 terms and conditions of employment of public employees. The term 2-4 includes, under appropriate circumstances, a mayor, manager, 2-5 administrator of a municipality, municipal governing body, director 2-6 of personnel, personnel board, or one or more other officials, 2-7 regardless of the name by which they are designated. 2-8 Sec. 141.103. GENERAL PROVISIONS RELATING TO AGREEMENTS AND 2-9 STRIKES. (a) The wages, assistance, benefits, working 2-10 conditions, and other terms of municipal employment for a 2-11 municipality's fire fighters may be determined by an agreement 2-12 between a public employer and the bargaining agent for fire 2-13 fighters in the municipality. An agreement must be in writing to 2-14 be enforceable. 2-15 (b) A municipality and the bargaining agent are not required 2-16 by this subchapter to meet and confer on any issue and are not 2-17 required to reach an agreement. 2-18 (c) A public employer may meet and confer only if an 2-19 association recognized under this subchapter as the sole and 2-20 exclusive bargaining agent does not advocate the illegal right to 2-21 strike by public employees. 2-22 (d) Fire fighters of a municipality may not engage in 2-23 strikes or organized work stoppages against this state or a 2-24 political subdivision of this state. A fire fighters who 2-25 participates in a strike or organized work stoppage forfeits all 3-1 civil service rights, reemployment rights, and any other rights, 3-2 benefits, or privileges the fire fighter enjoys as a result of 3-3 employment or prior employment. 3-4 Sec. 141.104. RECOGNITION OF ASSOCIATION AS BARGAINING 3-5 AGENT. (a) An association submitting a petition signed by a 3-6 majority of the fire fighters employed by the municipality, 3-7 excluding the head of the department and assistant department heads 3-8 in the rank or classification immediately below that of the 3-9 department head, shall be recognized by the public employer as the 3-10 sole and exclusive bargaining agent for all of the fire fighters 3-11 entitled to sign the petition until recognition of the association 3-12 is withdrawn by a majority of those fire fighters. 3-13 (b) Whether an association represents a majority of the fire 3-14 fighters entitled to sign the petition under Subsection (a) shall 3-15 be resolved by a fair election conducted according to procedures 3-16 agreeable to the parties. If the parties are unable to agree on 3-17 procedures, either party may request the American Arbitration 3-18 Association to conduct the election and to certify the results. 3-19 Certification of the results of an election resolves the question 3-20 concerning representation. The association is liable for the 3-21 expenses of the election, except that if two or more associations 3-22 seeking recognition as the bargaining agent submit petitions signed 3-23 by a majority of the fire fighters entitled to sign the petition 3-24 under Subsection (a), the associations shall share equally the 3-25 costs of the election. 4-1 Sec. 141.105. OPEN RECORDS REQUIRED. All documents relating 4-2 to an agreement between an association and a public employer are 4-3 available to the public in accordance with any applicable state 4-4 statutes. 4-5 Sec. 141.106. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. 4-6 (a) A written agreement made under this subchapter between a 4-7 public employer and an association recognized as the sole and 4-8 exclusive bargaining agent is enforceable and binding on the public 4-9 employer, the association recognized as the sole and exclusive 4-10 bargaining agent, and all fire fighters entitled to sign a petition 4-11 under Section 141.104(a) if: 4-12 (1) the municipality's governing body ratified the 4-13 agreement; and 4-14 (2) the association ratified the agreement by 4-15 conducting a secret ballot election at which only fire fighters of 4-16 the municipality in the association were eligible to vote, and a 4-17 majority of the votes cast at the election favored ratifying the 4-18 agreement. 4-19 (b) A state district court of the judicial district in which 4-20 a majority of the population of the municipality is located has 4-21 full authority and jurisdiction on the application of either party 4-22 aggrieved by an action or omission of the other party when the 4-23 action or omission is related to a right, duty, or obligation 4-24 provided by any written agreement ratified under Subsection (a). 4-25 The court may issue proper restraining orders, temporary and 5-1 permanent injunctions, and any other writ, order, or process, 5-2 including contempt orders, that are appropriate to enforcing the 5-3 written agreement ratified under Subsection (a). 5-4 Sec. 141.107. CONFLICTING PROVISIONS. (a) A written 5-5 agreement under this subchapter preempts all contrary local 5-6 ordinances, executive orders, civil service provisions, or rules 5-7 adopted by a municipality or a political subdivision or agent of a 5-8 municipality, such as a personnel board or a civil service 5-9 commission. 5-10 (b) An agreement under this subchapter may not diminish or 5-11 qualify any right, benefit, or privilege of an employee under a 5-12 local ordinance or other local law unless approved by a majority of 5-13 the votes cast at the secret ballot election held by the 5-14 association to ratify the agreement under Section 141.006. 5-15 (c) An agreement may not interfere with the right of a fire 5-16 fighter to pursue allegations of discrimination based on race, 5-17 creed, color, national origin, religion, age, sex, or disability 5-18 with the Commission on Human Rights or the United States Equal 5-19 Employment Opportunity Commission or to pursue affirmative action 5-20 litigation. 5-21 (d) A matter that is not covered by an agreement ratified 5-22 under Section 141.006 remains covered by any applicable local civil 5-23 service provision, local ordinance, or other local law. This 5-24 chapter is in addition of the benefits provided by existing 5-25 statutes and ordinances. 6-1 Sec. 141.108. REPEAL. (a) If, not later than 45 days after 6-2 the date the agreement is ratified by the municipality and the 6-3 association recognized as the sole and exclusive bargaining agent, 6-4 the voters submit a petition to the municipal secretary signed by a 6-5 number of voters equal to ten percent of the votes cast at the most 6-6 recent mayoral election in the municipality, the governing body of 6-7 the municipality must: 6-8 (1) vote to repeal the agreement; or 6-9 (2) call an election of the registered qualified 6-10 voters in the municipality to vote on whether to repeal the 6-11 agreement. 6-12 (b) An election under this section must be held during the 6-13 next regularly scheduled municipal general election or at a special 6-14 election called by the governing body of the municipality. The 6-15 agreement is repealed if a majority of votes in the election are in 6-16 favor of repeal. 6-17 (c) The ballot at an election under this section shall be 6-18 printed to provide for voting for or against the proposition: 6-19 "Repeal of the adoption of the agreement ratified by the 6-20 municipality and the fire fighters of the municipality concerning 6-21 wages, salaries, rates of pay, hours of work, and other terms of 6-22 employment." 6-23 SECTION 2. This Act takes effect September 1, 1999. 6-24 SECTION 3. The importance of this legislation and the 6-25 crowded condition of the calendars in both houses create an 7-1 emergency and an imperative public necessity that the 7-2 constitutional rule requiring bills to be read on three several 7-3 days in each house be suspended, and this rule is hereby suspended.