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.