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.
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