HBA-JEK C.S.H.B. 2384 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2384 By: Carter Urban Affairs 4/9/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE In the past, residents of Fort Worth have voted against recognizing a police or firefighter association as the exclusive bargaining agent of the city's police officers and firefighters. Recent growth in the city has placed Fort Worth over the 460,000 person limit at which a municipality is required to recognize a police officers or firefighters association as the sole and exclusive bargaining agent of its police officers and firefighters if a petition calling for that recognition is submitted. C.S.H.B. 2384 provides that certain municipalities that have not recognized a firefighters or police officers association before September 1, 2001, must receive voter approval before recognizing an association and operating under the provisions regarding firefighter and police officer employment matters. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2384 amends the Local Government Code to provide that the governing body of a municipality with a population of less than 560,000 and of 460,000 or more that has not recognized a firefighters or police officers association as the sole and exclusive bargaining agent before September 1, 2001, must receive voter approval before operating under the provisions related to firefighter and police officer employment matters. The bill sets forth provisions regarding a petition for election, the timing of the election, and the ballot for such an election. The bill only applies to a municipality that operates under a city manager form of government and has not adopted the Fire and Police Employee Relations Act. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2384 differs from the original bill by applying only to a municipality with a population of less than 560,000. While the original bill provided that a petition must be signed by a number of qualified voters of the municipality equal to at least 5 percent of the votes cast in the municipality for the most recent gubernatorial election, the substitute provides that the petition must be signed by at least 10 percent of qualified voters who voted in the most recent municipal election for mayor. The substitute also provides that an election regarding the question of whether to adopt the provisions related to firefighter and police officer employment matters must be held on the first authorized uniform election date that occurs after the petition is filed that allows sufficient time to comply with other requirements of law.