By Carter                                             H.B. No. 2384
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain firefighter and police officer employment
 1-3     matters in certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter I, Chapter 143, Local Government Code,
 1-6     is amended by adding Section 143.3015 to read as follows:
 1-7           Sec. 143.3015.  LIMITATION ON MUNICIPALITIES COVERED BY
 1-8     SUBCHAPTER:  VOTER APPROVAL. (a)  The governing body of a
 1-9     municipality with a population less than 560,000 that has not
1-10     recognized an association as the sole and exclusive bargaining
1-11     agent as provided by Section 143.304 before September 1, 2001, must
1-12     receive voter approval under this section before operating under
1-13     the other provisions of this subchapter.
1-14           (b)  The governing body shall call an election if:
1-15                 (1)  a majority of the members of the governing body
1-16     vote to hold the election; or
1-17                 (2)  the voters submit a petition requesting the
1-18     election as required by this section.
1-19           (c)  A petition for election must:
1-20                 (1)  be signed by a number of qualified voters of the
1-21     municipality equal to at least 10 percent of the number of voters
1-22     who voted in the most recent municipal election for mayor; and
1-23                 (2)  comply with Chapter 277, Election Code.
1-24           (d)  Not later than the 40th working day after the date a
 2-1     petition is presented to the governing body, the municipal
 2-2     secretary shall certify to the governing body the number and
 2-3     percentage of registered voters signing the petition.
 2-4           (e)  Upon receiving a petition in compliance with this
 2-5     subchapter, the governing body shall order an election submitting
 2-6     to the voters the question of whether this subchapter should be
 2-7     adopted.  The election must be held on the first authorized uniform
 2-8     election date prescribed by Chapter 41, Election Code, that occurs
 2-9     after the petition is filed and that allows sufficient time to
2-10     comply with other requirements of law.
2-11           (f)  The ballot for an election called under this section
2-12     shall be printed to permit voting for or against the proposition:
2-13     "Authorizing (name of the governing body of the municipality) to
2-14     recognize an employee association as a sole and exclusive
2-15     bargaining agent for the municipal fire fighters or police officers
2-16     and authorizing the (name of the governing body of the
2-17     municipality) to make agreements with the employee association as
2-18     provided by state law."
2-19           (g)  An election authorized by this section shall be held and
2-20     the returns shall be prepared and canvassed in conformity with the
2-21     Election Code.
2-22           (h)  The municipality may operate under the other provisions
2-23     of this subchapter only if a majority of the votes cast at the
2-24     election favor the proposition.
2-25           SECTION 2.  This Act takes effect immediately if it receives
2-26     a vote of two-thirds of all the members elected to each house, as
2-27     provided by Section 39, Article III, Texas Constitution.  If this
 3-1     Act does not receive the vote necessary for immediate effect, this
 3-2     Act takes effect September 1, 2001.