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.