77R11788 KSD-D
By Tillery H.B. No. 320
Substitute the following for H.B. No. 320:
By Callegari C.S.H.B. No. 320
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conditions of employment for certain firefighters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 143, Local Government Code, is amended by
1-5 adding Subchapter K to read as follows:
1-6 SUBCHAPTER K. LOCAL CONTROL OF FIREFIGHTER
1-7 EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES
1-8 Sec. 143.401. APPLICABILITY. This subchapter does not apply
1-9 to a municipality:
1-10 (1) that has adopted Chapter 174; or
1-11 (2) to which Subchapter G, H, I, or J applies.
1-12 Sec. 143.402. DEFINITIONS. In this subchapter:
1-13 (1) "Firefighters association" means an organization
1-14 in which firefighters participate and that exists for the purpose,
1-15 wholly or partly, of dealing with one or more employers, whether
1-16 public or private, concerning grievances, labor disputes, wages,
1-17 salaries, rates of pay, hours of employment, or working conditions
1-18 affecting firefighters.
1-19 (2) "Public employer" means any municipality or an
1-20 agency, board, or commission, or other governmental entity
1-21 controlled by a municipality, that is required to establish the
1-22 wages, salaries, rates of pay, hours of employment, working
1-23 conditions, and other terms of employment of firefighters and
1-24 diversity programs of fire departments. The term includes, under
2-1 appropriate circumstances, a mayor, manager, administrator,
2-2 governing body, director of personnel, personnel board, or one or
2-3 more other officials of a municipality, regardless of the name by
2-4 which the person is designated.
2-5 Sec. 143.403. GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-6 RECOGNITION, AND STRIKES. (a) A municipality may not be denied
2-7 local control over the wages, salaries, rates of pay, hours of
2-8 employment, working conditions, diversity programs, and other terms
2-9 of employment, or other personnel issues, to the extent the public
2-10 employer and the firefighters association recognized as the sole
2-11 and exclusive meet-and-confer agent for the firefighters employed
2-12 by the municipality come to a mutual agreement on any of the terms
2-13 of employment. If an agreement is not reached, the local
2-14 ordinances and civil service rules remain unaffected. All
2-15 agreements shall be written. Nothing in this subchapter requires
2-16 either party to meet and confer on any issue or reach an agreement.
2-17 (b) A public employer may meet and confer only if the
2-18 firefighters association recognized under this subchapter as the
2-19 sole and exclusive meet-and-confer agent does not advocate the
2-20 illegal right to strike by firefighters.
2-21 (c) Firefighters of the municipality may not engage in
2-22 strikes or organized work stoppages against this state or a
2-23 municipality of this state. A firefighter who participates in a
2-24 strike forfeits all civil service rights, reemployment rights, and
2-25 any other rights, benefits, or privileges the firefighter enjoys as
2-26 a result of employment or prior employment, except that the right
2-27 of an individual to cease work may not be abridged if the
3-1 individual is not acting in concert with others in an organized
3-2 work stoppage.
3-3 Sec. 143.404. RECOGNITION OF FIREFIGHTERS ASSOCIATION. (a)
3-4 In a municipality that chooses to meet and confer under this
3-5 subchapter, a firefighters association submitting a petition signed
3-6 by a majority of the firefighters employed by the municipality,
3-7 excluding the head of the fire department and assistant department
3-8 heads 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 meet-and-confer agent for all of the
3-11 firefighters employed by the municipality, excluding the department
3-12 head and assistant department heads, until recognition of the
3-13 association is withdrawn by a majority of those firefighters.
3-14 (b) Whether a firefighters association represents a majority
3-15 of the covered firefighters shall be resolved by a fair election
3-16 conducted according to procedures agreeable to the parties. If the
3-17 parties are unable to agree on procedures, either party may request
3-18 the Federal Mediation and Conciliation Service to conduct the
3-19 election and to certify the results. Certification of the results
3-20 of an election resolves the question concerning representation.
3-21 The firefighters association is liable for the expenses of the
3-22 election, except that if two or more associations seeking
3-23 recognition as the meet-and-confer agent submit petitions signed by
3-24 a majority of the firefighters eligible to sign the petition, the
3-25 associations shall share equally the costs of the election.
3-26 Sec. 143.405. OPEN MEETINGS REQUIRED. All deliberations
3-27 relating to an agreement between a firefighters association and a
4-1 public employer shall be open to the public and held in compliance
4-2 with any applicable state statutes.
4-3 Sec. 143.406. RATIFICATION AND ENFORCEABILITY OF AGREEMENT.
4-4 (a) A written agreement made under this subchapter between a
4-5 public employer and a firefighters association recognized as the
4-6 sole and exclusive meet-and-confer agent is enforceable and binding
4-7 on the public employer, the firefighters association recognized as
4-8 the sole and exclusive meet-and-confer agent, and firefighters
4-9 covered by the agreement if:
4-10 (1) the municipality's governing body ratified the
4-11 agreement by a majority vote; and
4-12 (2) the firefighters association ratified the
4-13 agreement by conducting a secret ballot election at which only
4-14 firefighters of the municipality in the association were eligible
4-15 to vote, and a majority of the votes cast at the election favored
4-16 ratifying the agreement.
4-17 (b) A state district court of the judicial district in which
4-18 the municipality is located has full authority and jurisdiction on
4-19 the application of either party aggrieved by an action or omission
4-20 of the other party when the action or omission is related to a
4-21 right, duty, or obligation provided by any written agreement
4-22 ratified under Subsection (a). The court may issue proper
4-23 restraining orders, temporary and permanent injunctions, and any
4-24 other writ, order, or process, including contempt orders, that are
4-25 appropriate to enforcing the written agreement ratified under
4-26 Subsection (a).
4-27 Sec. 143.407. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-1 (a) A written agreement under this subchapter between a public
5-2 employer and the firefighters association recognized as the sole
5-3 and exclusive meet-and-confer agent supersedes, during the term of
5-4 the agreement, a previous statute concerning wages, salaries, rates
5-5 of pay, hours of employment, working conditions, and other terms of
5-6 employment and affirmative action programs to the extent of any
5-7 conflict with the previous statute.
5-8 (b) A written agreement under this subchapter preempts all
5-9 contrary local ordinances, executive orders, or rules adopted by
5-10 the municipality or a division or agent of the municipality, such
5-11 as a personnel board or a civil service commission.
5-12 (c) An agreement under this subchapter may not diminish or
5-13 qualify any right, benefit, or privilege of an employee under this
5-14 chapter or other state law unless approved by a majority of the
5-15 votes received in the secret ballot election on the agreement by
5-16 the members of the firefighters association recognized as the sole
5-17 and exclusive meet-and-confer agent.
5-18 (d) A matter that is not covered by an agreement ratified
5-19 under Section 143.406 remains covered by any applicable agreement
5-20 or any applicable statute or other state or local law.
5-21 Sec. 143.408. ELECTION TO REPEAL AGREEMENT. (a) Not later
5-22 than the 60th day after the date an agreement is ratified by the
5-23 public employer and a firefighters association under Section
5-24 143.406, a petition signed by a number of registered voters equal
5-25 to 10 percent of the votes cast at the most recent mayoral general
5-26 election in the municipality that employs the firefighters
5-27 represented by the firefighters association may be presented to the
6-1 municipal secretary or clerk calling an election for the repeal of
6-2 the agreement.
6-3 (b) If a petition is presented to the municipal secretary or
6-4 clerk under Subsection (a), the public employer shall:
6-5 (1) repeal the agreement; or
6-6 (2) certify that it is not repealing the agreement to
6-7 the governing body of the municipality described by Subsection (a),
6-8 which shall then call an election in the municipality to determine
6-9 whether to repeal the agreement.
6-10 (c) An election called under Subsection (b)(2) may be held
6-11 as part of the next regularly scheduled municipal general election
6-12 or at a special election called by the governing body of the
6-13 municipality for that purpose. The ballot shall be printed to
6-14 provide for voting for or against the proposition: "Repeal the
6-15 agreement ratified on _____ (date agreement was ratified) by the
6-16 __________ (name of public employer) and the firefighters employed
6-17 by the __________ (name of public employer) concerning wages,
6-18 salaries, rates of pay, hours of employment, working conditions,
6-19 and other terms of employment."
6-20 (d) If a majority of the votes cast at the election favor
6-21 the repeal of the agreement, the agreement is void.
6-22 SECTION 2. This Act takes effect September 1, 2001.