By Tillery H.B. No. 320
77R2499 KSD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conditions of employment for fire fighters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle C, Title 5, Local Government Code, is
1-5 amended by adding Chapter 176 to read as follows:
1-6 CHAPTER 176. LOCAL CONTROL OF FIRE FIGHTER
1-7 EMPLOYMENT MATTERS
1-8 Sec. 176.001. APPLICABILITY. This chapter does not apply to
1-9 a political subdivision:
1-10 (1) that has adopted Chapter 174; or
1-11 (2) to which Subchapter H or I of Chapter 143 applies.
1-12 Sec. 176.002. DEFINITIONS. In this chapter:
1-13 (1) "Fire fighters association" means an organization
1-14 in which fire fighters participate and that exists for the purpose,
1-15 in whole or in part, of dealing with one or more employers, whether
1-16 public or private, concerning grievances, labor disputes, wages,
1-17 rates of pay, hours of employment, or conditions of work affecting
1-18 public employees.
1-19 (2) "Public employer" means any political subdivision,
1-20 including a municipality, or an agency, board, or commission, or
1-21 other governmental entity controlled by a political subdivision,
1-22 that is required to establish the wages, salaries, rates of pay,
1-23 hours, working conditions, and other terms and conditions of
1-24 employment of fire fighters and diversity programs of fire
2-1 departments. The term includes, under appropriate circumstances, a
2-2 mayor, manager, administrator of a municipality, municipal
2-3 governing body, commissioners court, director of personnel,
2-4 personnel board, or one or more other officials, regardless of the
2-5 name by which they are designated.
2-6 Sec. 176.003. GENERAL PROVISIONS RELATING TO AGREEMENTS,
2-7 RECOGNITION, AND STRIKES. (a) A political subdivision may not be
2-8 denied local control over the wages, salaries, rates of pay, hours
2-9 of work, diversity programs, and other terms of employment, or
2-10 other personnel issues, to the extent the public employer and the
2-11 fire fighters association recognized as the sole and exclusive meet
2-12 and confer agent for the fire fighters employed by the political
2-13 subdivision come to a mutual agreement on any of the terms of
2-14 employment. If an agreement is not reached, the local ordinances
2-15 and civil service rules remain unaffected. All agreements shall be
2-16 written. Nothing in this chapter requires either party to meet and
2-17 confer on any issue or reach an agreement.
2-18 (b) A public employer may meet and confer only if the fire
2-19 fighters association recognized under this chapter as the sole and
2-20 exclusive meet and confer agent does not advocate the illegal right
2-21 to strike by public employees.
2-22 (c) Fire fighters of a political subdivision may not engage
2-23 in strikes or organized work stoppages against this state or a
2-24 political subdivision of this state. A fire fighter who
2-25 participates in a strike forfeits all civil service rights,
2-26 reemployment rights, and any other rights, benefits, or privileges
2-27 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. (a)
3-5 In a political subdivision that chooses to meet and confer under
3-6 this chapter, a fire fighters association submitting a petition
3-7 signed by a majority of the fire fighters employed by the political
3-8 subdivision, excluding the head of the fire department and
3-9 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
3-27 petition, the associations shall share equally the costs of the
4-1 election.
4-2 Sec. 176.005. OPEN MEETINGS REQUIRED. All deliberations
4-3 relating to an agreement between a fire fighters association and a
4-4 public employer shall be open to the public and held in compliance
4-5 with any applicable state statutes.
4-6 Sec. 176.006. RATIFICATION AND ENFORCEABILITY OF AGREEMENT.
4-7 (a) A written agreement made under this chapter between a public
4-8 employer and a fire fighters association recognized as the sole and
4-9 exclusive meet and confer agent is enforceable and binding on the
4-10 public employer, the fire fighters association recognized as the
4-11 sole and exclusive meet and confer agent, and fire fighters covered
4-12 by the agreement if:
4-13 (1) the political subdivision's governing body
4-14 ratified the agreement by a majority vote; and
4-15 (2) the fire fighters association ratified the
4-16 agreement by conducting a secret ballot election at which only fire
4-17 fighters of the political subdivision in the association were
4-18 eligible to vote, and a majority of the votes cast at the election
4-19 favored ratifying the agreement.
4-20 (b) A state district court of the judicial district in which
4-21 a majority of the population of the political subdivision is
4-22 located has full authority and jurisdiction on the application of
4-23 either party aggrieved by an action or omission of the other party
4-24 when the action or omission is related to a right, duty, or
4-25 obligation provided by any written agreement ratified under
4-26 Subsection (a). The court may issue proper restraining orders,
4-27 temporary and permanent injunctions, and any other writ, order, or
5-1 process, including contempt orders, that are appropriate to
5-2 enforcing the written agreement ratified under Subsection (a).
5-3 Sec. 176.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
5-4 (a) A written agreement under this chapter between a public
5-5 employer and the fire fighters association recognized as the sole
5-6 and exclusive meet and confer agent supersedes, during the term of
5-7 the agreement, a previous statute concerning wages, salaries, rates
5-8 of pay, hours of work, and other terms of employment and
5-9 affirmative action programs to the extent of any conflict with the
5-10 previous statute.
5-11 (b) A written agreement under this chapter preempts all
5-12 contrary local ordinances, executive orders, civil service
5-13 provisions, or rules adopted by a political subdivision or a
5-14 division or agent of a political subdivision, such as a personnel
5-15 board or a civil service commission.
5-16 (c) An agreement under this chapter may not diminish or
5-17 qualify any right, benefit, or privilege of an employee under a
5-18 civil service statute or other state law unless approved by a
5-19 majority of the votes received in the secret ballot election on the
5-20 agreement by the members of the fire fighters association
5-21 recognized as the sole and exclusive meet and confer agent.
5-22 (d) A matter that is not covered by an agreement ratified
5-23 under Section 176.006 remains covered by any applicable agreement
5-24 or any applicable statute, civil service provision, or other state
5-25 or local law.
5-26 SECTION 2. This Act takes effect September 1, 2001.