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 for firefighters, police officers, or both. The election
2-8 must be held on the first authorized uniform election date
2-9 prescribed by Chapter 41, Election Code, that occurs after the
2-10 petition is filed and that allows sufficient time to comply with
2-11 other requirements of law.
2-12 (f) The ballot for an election called under this section
2-13 shall be printed to permit voting for or against the proposition:
2-14 "Authorizing (name of the governing body of the municipality) to
2-15 recognize an employee association as a sole and exclusive
2-16 bargaining agent for the municipal (insert firefighters, police
2-17 officers, or both, as applicable,) and authorizing the (name of the
2-18 governing body of the municipality) to make agreements with the
2-19 employee association as provided by state law."
2-20 (g) An election authorized by this section shall be held and
2-21 the returns shall be prepared and canvassed in conformity with the
2-22 Election Code.
2-23 (h) The municipality may operate under the other provisions
2-24 of this subchapter only if a majority of the votes cast at the
2-25 election favor the proposition.
2-26 SECTION 2. This Act takes effect immediately if it receives
2-27 a vote of two-thirds of all the members elected to each house, as
3-1 provided by Section 39, Article III, Texas Constitution. If this
3-2 Act does not receive the vote necessary for immediate effect, this
3-3 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2384 was passed by the House on April
24, 2001, by the following vote: Yeas 146, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2384 on May 15, 2001, by the following vote: Yeas 136, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2384 was passed by the Senate, with
amendments, on May 9, 2001, by the following vote: Yeas 28, Nays
1, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor