By: Gallegos S.B. No. 553
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the conditions of employment for certain fire fighters.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subtitle C, Title 5, Local Government Code, is
1-4 amended by adding Chapter 176 to read as follows:
1-5 CHAPTER 176. LOCAL CONTROL OF FIRE FIGHTER
1-6 EMPLOYMENT MATTERS
1-7 Sec. 176.001. APPLICABILITY. This chapter does not apply to
1-8 a political subdivision:
1-9 (1) that has adopted Chapter 174; or
1-10 (2) to which Subchapter H or I of Chapter 143 applies.
1-11 Sec. 176.002. DEFINITIONS. In this chapter:
1-12 (1) "Fire fighters association" means an organization
1-13 in which fire fighters participate and that exists for the purpose,
1-14 in whole or in part, of dealing with one or more employers, whether
1-15 public or private, concerning grievances, labor disputes, wages,
1-16 rates of pay, hours of employment, or conditions of work affecting
1-17 public employees.
1-18 (2) "Public employer" means any political subdivision,
1-19 including a municipality, or an agency, board, or commission, or
1-20 other governmental entity controlled by a political subdivision,
1-21 that is required to establish the wages, salaries, rates of pay,
1-22 hours, working conditions, and other terms and conditions of
1-23 employment of fire fighters and diversity programs of fire
1-24 departments. The term includes, under appropriate circumstances, a
2-1 mayor, manager, administrator of a municipality, municipal
2-2 governing body, commissioners court, director of personnel,
2-3 personnel board, or one or more other officials, regardless of the
2-4 name by which they are designated.
2-5 Sec. 176.003. GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-6 RECOGNITION, AND STRIKES. (a) A political subdivision may not be
2-7 denied local control over the wages, salaries, rates of pay, hours
2-8 of work, diversity programs, and other terms of employment, or
2-9 other personnel issues, to the extent the public employer and the
2-10 fire fighters association recognized as the sole and exclusive meet
2-11 and confer agent for the fire fighters employed by the political
2-12 subdivision come to a mutual agreement on any of the terms of
2-13 employment. If an agreement is not reached, the local ordinances
2-14 and civil service rules remain unaffected. All agreements shall be
2-15 written. Nothing in this chapter requires either party to meet and
2-16 confer on any issue or reach an agreement.
2-17 (b) A public employer may meet and confer only if the fire
2-18 fighters association recognized under this chapter as the sole and
2-19 exclusive meet and confer agent does not advocate the illegal right
2-20 to strike by public employees.
2-21 (c) Fire fighters of a political subdivision may not engage
2-22 in strikes or organized work stoppages against this state or a
2-23 political subdivision of this state. A fire fighter who
2-24 participates in a strike forfeits all civil service rights,
2-25 reemployment rights, and any other rights, benefits, or privileges
2-26 the fire fighter enjoys as a result of employment or prior
3-1 employment, except that the right of an individual to cease work
3-2 may not be abridged if the individual is not acting in concert with
3-3 others in an organized work stoppage.
3-4 Sec. 176.004. RECOGNITION OF FIRE FIGHTERS ASSOCIATION.
3-5 (a) In a political subdivision that chooses to meet and confer
3-6 under this chapter, a fire fighters association submitting a
3-7 petition signed by a majority of the fire fighters employed by the
3-8 political subdivision, excluding the head of the fire department
3-9 and assistant department heads in the rank or classification
3-10 immediately below that of the department head, shall be recognized
3-11 by the public employer as the sole and exclusive meet and confer
3-12 agent for all of the fire fighters employed by the political
3-13 subdivision, excluding the department head and assistant department
3-14 heads, until recognition of the association is withdrawn by a
3-15 majority of those fire fighters.
3-16 (b) Whether a fire fighters association represents a
3-17 majority of the covered fire fighters shall be resolved by a fair
3-18 election conducted according to procedures agreeable to the
3-19 parties. If the parties are unable to agree on procedures, either
3-20 party may request the Federal Mediation and Conciliation Service to
3-21 conduct the election and to certify the results. Certification of
3-22 the results of an election resolves the question concerning
3-23 representation. The fire fighters association is liable for the
3-24 expenses of the election, except that if two or more associations
3-25 seeking recognition as the meet and confer agent submit petitions
3-26 signed by a majority of the fire fighters eligible to sign the
4-1 petition, the associations shall share equally the costs of the
4-2 election.
4-3 Sec. 176.005. OPEN MEETINGS REQUIRED. All deliberations
4-4 relating to an agreement between a fire fighters association and a
4-5 public employer shall be open to the public and held in compliance
4-6 with any applicable state statutes.
4-7 Sec. 176.006. RATIFICATION AND ENFORCEABILITY OF AGREEMENT.
4-8 (a) A written agreement made under this chapter between a public
4-9 employer and a fire fighters association recognized as the sole and
4-10 exclusive meet and confer agent is enforceable and binding on the
4-11 public employer, the fire fighters association recognized as the
4-12 sole and exclusive meet and confer agent, and fire fighters covered
4-13 by the agreement if:
4-14 (1) the political subdivision's governing body
4-15 ratified the agreement by a majority vote; and
4-16 (2) the fire fighters association ratified the
4-17 agreement by conducting a secret ballot election at which only fire
4-18 fighters of the political subdivision in the association were
4-19 eligible to vote, and a majority of the votes cast at the election
4-20 favored ratifying the agreement.
4-21 (b) A state district court of the judicial district in which
4-22 a majority of the population of the political subdivision is
4-23 located has full authority and jurisdiction on the application of
4-24 either party aggrieved by an action or omission of the other party
4-25 when the action or omission is related to a right, duty, or
4-26 obligation provided by any written agreement ratified under
5-1 Subsection (a). The court may issue proper restraining orders,
5-2 temporary and permanent injunctions, and any other writ, order, or
5-3 process, including contempt orders, that are appropriate to
5-4 enforcing the written agreement ratified under Subsection (a).
5-5 Sec. 176.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-6 (a) A written agreement under this chapter between a public
5-7 employer and the fire fighters association recognized as the sole
5-8 and exclusive meet and confer agent supersedes, during the term of
5-9 the agreement, a previous statute concerning wages, salaries, rates
5-10 of pay, hours of work, and other terms of employment and
5-11 affirmative action programs to the extent of any conflict with the
5-12 previous statute.
5-13 (b) A written agreement under this chapter preempts all
5-14 contrary local ordinances, executive orders, civil service
5-15 provisions, or rules adopted by a political subdivision or a
5-16 division or agent of a political subdivision, such as a personnel
5-17 board or a civil service commission.
5-18 (c) An agreement under this chapter may not diminish or
5-19 qualify any right, benefit, or privilege of an employee under a
5-20 civil service statute or other state law unless approved by a
5-21 majority of the votes received in the secret ballot election on the
5-22 agreement by the members of the fire fighters association
5-23 recognized as the sole and exclusive meet and confer agent.
5-24 (d) A matter that is not covered by an agreement ratified
5-25 under Section 176.006 remains covered by any applicable agreement
5-26 or any applicable statute, civil service provision, or other state
6-1 or local law.
6-2 Sec. 176.008. TERM OF AGREEMENT; EXTENSIONS. (a) An
6-3 initial agreement under this chapter may not exceed a term of two
6-4 years.
6-5 (b) A public employer and a fire fighters association
6-6 recognized as the sole and exclusive meet and confer agent may
6-7 agree to extend an existing agreement for a term not to exceed one
6-8 year.
6-9 SECTION 2. This Act takes effect September 1, 1999.
6-10 SECTION 3. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.