By Carter                                             H.B. No. 2384
         77R4495 YDB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain fire fighter 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 that has not recognized an association as the sole and
1-10     exclusive bargaining agent as provided by Section 143.304 before
1-11     September 1, 2001, must receive voter approval under this section
1-12     before operating under the other provisions of this subchapter.
1-13           (b)  The governing body shall call an election if:
1-14                 (1)  a majority of the members of the governing body
1-15     vote to hold the election; or
1-16                 (2)  the voters submit a petition requesting the
1-17     election as required by this section.
1-18           (c)  A petition for election must:
1-19                 (1)  be in the form prescribed by the governing body;
1-20                 (2)  be signed by a number of qualified voters of the
1-21     municipality equal to at least five percent of the votes cast in
1-22     the municipality for governor at the last preceding general
1-23     election at which the office of governor was filled; and
1-24                 (3)  comply with Chapter 277, Election Code.
 2-1           (d)  Not later than the 40th working day after the date a
 2-2     petition is presented to the governing body, the municipal
 2-3     secretary shall certify to the governing body the number and
 2-4     percentage of registered voters signing the petition.
 2-5           (e)  The ballot for an election called under this section
 2-6     shall be printed to permit voting for or against the proposition:
 2-7     "Authorizing (name of the governing body of the municipality) to
 2-8     recognize an employee association as a sole and exclusive
 2-9     bargaining agent for the municipal fire fighters or police officers
2-10     and authorizing the (name of the governing body of the
2-11     municipality) to make agreements with the employee association as
2-12     provided by state law."
2-13           (f)  An election authorized by this section shall be held and
2-14     the returns shall be prepared and canvassed in conformity with the
2-15     Election Code.
2-16           (g)  The municipality may operate under the other provisions
2-17     of this subchapter only if a majority of the votes cast at the
2-18     election favor the proposition.
2-19           SECTION 2.  This Act takes effect immediately if it receives
2-20     a vote of two-thirds of all the members elected to each house, as
2-21     provided by Section 39, Article III, Texas Constitution.  If this
2-22     Act does not receive the vote necessary for immediate effect, this
2-23     Act takes effect September 1, 2001.