1-1 By: Carter (Senate Sponsor - Moncrief) H.B. No. 2384 1-2 (In the Senate - Received from the House April 25, 2001; 1-3 April 26, 2001, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 4, 2001, reported favorably by the 1-5 following vote: Yeas 6, Nays 0; May 4, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to certain firefighter and police officer employment 1-9 matters in certain municipalities. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter I, Chapter 143, Local Government Code, 1-12 is amended by adding Section 143.3015 to read as follows: 1-13 Sec. 143.3015. LIMITATION ON MUNICIPALITIES COVERED BY 1-14 SUBCHAPTER: VOTER APPROVAL. (a) The governing body of a 1-15 municipality with a population less than 560,000 that has not 1-16 recognized an association as the sole and exclusive bargaining 1-17 agent as provided by Section 143.304 before September 1, 2001, must 1-18 receive voter approval under this section before operating under 1-19 the other provisions of this subchapter. 1-20 (b) The governing body shall call an election if: 1-21 (1) a majority of the members of the governing body 1-22 vote to hold the election; or 1-23 (2) the voters submit a petition requesting the 1-24 election as required by this section. 1-25 (c) A petition for election must: 1-26 (1) be signed by a number of qualified voters of the 1-27 municipality equal to at least 10 percent of the number of voters 1-28 who voted in the most recent municipal election for mayor; and 1-29 (2) comply with Chapter 277, Election Code. 1-30 (d) Not later than the 40th working day after the date a 1-31 petition is presented to the governing body, the municipal 1-32 secretary shall certify to the governing body the number and 1-33 percentage of registered voters signing the petition. 1-34 (e) Upon receiving a petition in compliance with this 1-35 subchapter, the governing body shall order an election submitting 1-36 to the voters the question of whether this subchapter should be 1-37 adopted. The election must be held on the first authorized uniform 1-38 election date prescribed by Chapter 41, Election Code, that occurs 1-39 after the petition is filed and that allows sufficient time to 1-40 comply with other requirements of law. 1-41 (f) The ballot for an election called under this section 1-42 shall be printed to permit voting for or against the proposition: 1-43 "Authorizing (name of the governing body of the municipality) to 1-44 recognize an employee association as a sole and exclusive 1-45 bargaining agent for the municipal fire fighters or police officers 1-46 and authorizing the (name of the governing body of the 1-47 municipality) to make agreements with the employee association as 1-48 provided by state law." 1-49 (g) An election authorized by this section shall be held and 1-50 the returns shall be prepared and canvassed in conformity with the 1-51 Election Code. 1-52 (h) The municipality may operate under the other provisions 1-53 of this subchapter only if a majority of the votes cast at the 1-54 election favor the proposition. 1-55 SECTION 2. This Act takes effect immediately if it receives 1-56 a vote of two-thirds of all the members elected to each house, as 1-57 provided by Section 39, Article III, Texas Constitution. If this 1-58 Act does not receive the vote necessary for immediate effect, this 1-59 Act takes effect September 1, 2001. 1-60 * * * * *