1-1     By:  Gallegos                                          S.B. No. 378
 1-2           (In the Senate - Filed January 24, 2001; January 29, 2001,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 1; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the conditions of employment for fire fighters.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subtitle C, Title 5, Local Government Code, is
1-11     amended by adding Chapter 176 to read as follows:
1-12                 CHAPTER 176.  LOCAL CONTROL OF FIRE FIGHTER
1-13                             EMPLOYMENT MATTERS
1-14           Sec. 176.001.  APPLICABILITY.  This chapter does not apply to
1-15     a political subdivision:
1-16                 (1)  that has adopted Chapter 174; or
1-17                 (2)  to which Subchapter H or I of Chapter 143 applies.
1-18           Sec. 176.002.  DEFINITIONS.  In this chapter:
1-19                 (1)  "Fire fighters association" means an organization
1-20     in which fire fighters participate and that exists for the purpose,
1-21     in whole or in part, of dealing with one or more employers, whether
1-22     public or private, concerning grievances, labor disputes, wages,
1-23     rates of pay, hours of employment, or conditions of work affecting
1-24     public employees.
1-25                 (2)  "Public employer" means any political subdivision,
1-26     including a municipality, or an agency, board, commission, or other
1-27     governmental entity controlled by a political subdivision, that is
1-28     required to establish the wages, salaries, rates of pay, hours,
1-29     working conditions, and other terms and conditions of employment of
1-30     fire fighters and diversity programs of fire departments.  The term
1-31     includes, under appropriate circumstances, a mayor, manager,
1-32     administrator of a municipality, municipal governing body,
1-33     commissioners court, director of personnel, personnel board, or one
1-34     or more other officials, regardless of the name by which they are
1-35     designated.
1-36           Sec. 176.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
1-37     RECOGNITION, AND STRIKES.  (a)  A political subdivision may not be
1-38     denied local control over the wages, salaries, rates of pay, hours
1-39     of work, diversity programs, and other terms of employment or other
1-40     personnel issues to the extent the public employer and the fire
1-41     fighters association recognized as the sole and exclusive meet and
1-42     confer agent for the fire fighters employed by the political
1-43     subdivision come to a mutual agreement on any of the terms of
1-44     employment.  If an agreement is not reached, the local ordinances
1-45     and civil service rules remain unaffected.  All agreements shall be
1-46     written.  Nothing in this chapter requires either party to meet and
1-47     confer on any issue or reach an agreement.
1-48           (b)  A public employer may meet and confer only if the fire
1-49     fighters association recognized under this chapter as the sole and
1-50     exclusive meet and confer agent does not advocate the illegal right
1-51     to strike by public employees.
1-52           (c)  Fire fighters of a political subdivision may not engage
1-53     in strikes or organized work stoppages against this state or a
1-54     political subdivision of this state.  A fire fighter who
1-55     participates in a strike forfeits all civil service rights,
1-56     reemployment rights, and any other rights, benefits, or privileges
1-57     the fire fighter enjoys as a result of employment or prior
1-58     employment, except that the right of an individual to cease work
1-59     may not be abridged if the individual is not acting in concert with
1-60     others in an organized work stoppage.
1-61           Sec. 176.004.  RECOGNITION OF FIRE FIGHTERS ASSOCIATION.
1-62     (a)  In a political subdivision that chooses to meet and confer
1-63     under this chapter, a fire fighters association submitting a
1-64     petition signed by a majority of the fire fighters employed by the
 2-1     political subdivision, excluding the head of the fire department
 2-2     and assistant department heads in the rank or classification
 2-3     immediately below that of the department head, shall be recognized
 2-4     by the public employer as the sole and exclusive meet and confer
 2-5     agent for all of the fire fighters employed by the political
 2-6     subdivision, excluding the department head and assistant department
 2-7     heads, until recognition of the association is withdrawn by a
 2-8     majority of those fire fighters.
 2-9           (b)  Whether a fire fighters association represents a
2-10     majority of the covered fire fighters shall be resolved by a fair
2-11     election conducted according to procedures agreeable to the
2-12     parties.  If the parties are unable to agree on procedures, either
2-13     party may request the Federal Mediation and Conciliation Service to
2-14     conduct the election and to certify the results.  Certification of
2-15     the results of an election resolves the question concerning
2-16     representation.  The fire fighters association is liable for the
2-17     expenses of the election, except that if two or more associations
2-18     seeking recognition as the meet and confer agent submit petitions
2-19     signed by a majority of the fire fighters eligible to sign the
2-20     petition, the associations shall share equally the costs of the
2-21     election.
2-22           Sec. 176.005.  OPEN MEETINGS REQUIRED.  All deliberations
2-23     relating to an agreement between a fire fighters association and a
2-24     public employer shall be open to the public and held in compliance
2-25     with any applicable state statutes.
2-26           Sec. 176.006.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.
2-27     (a)  A written agreement made under this chapter between a public
2-28     employer and a fire fighters association recognized as the sole and
2-29     exclusive meet and confer agent is enforceable and binding on the
2-30     public employer, the fire fighters association recognized as the
2-31     sole and exclusive meet and confer agent, and fire fighters covered
2-32     by the agreement if:
2-33                 (1)  the political subdivision's governing body
2-34     ratified the agreement by a majority vote; and
2-35                 (2)  the fire fighters association ratified the
2-36     agreement by conducting a secret ballot election at which only fire
2-37     fighters of the political subdivision in the association were
2-38     eligible to vote and a majority of the votes cast at the election
2-39     favored ratifying the agreement.
2-40           (b)  A state district court of the judicial district in which
2-41     a majority of the population of the political subdivision is
2-42     located has full authority and jurisdiction on the application of
2-43     either party aggrieved by an action or omission of the other party
2-44     when the action or omission is related to a right, duty, or
2-45     obligation provided by any written agreement ratified under
2-46     Subsection (a).  The court may issue proper restraining orders,
2-47     temporary and permanent injunctions, and any other writ, order, or
2-48     process, including contempt orders, that are appropriate to
2-49     enforcing the written agreement ratified under Subsection (a).
2-50           Sec. 176.007.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
2-51     (a)  A written agreement under this chapter between a public
2-52     employer and the fire fighters association recognized as the sole
2-53     and exclusive meet and confer agent supersedes, during the term of
2-54     the agreement, a previous statute concerning wages, salaries, rates
2-55     of pay, hours of work, and other terms of employment and
2-56     affirmative action programs to the extent of any conflict with the
2-57     previous statute.
2-58           (b)  A written agreement under this chapter preempts all
2-59     contrary local ordinances, executive orders, civil service
2-60     provisions, or rules adopted by a political subdivision or a
2-61     division or agent of a political subdivision, such as a personnel
2-62     board or a civil service commission.
2-63           (c)  An agreement under this chapter may not diminish or
2-64     qualify any right, benefit, or privilege of an employee under a
2-65     civil service statute or other state law unless approved by a
2-66     majority of the votes received in the secret ballot election on the
2-67     agreement by the members of the fire fighters association
2-68     recognized as the sole and exclusive meet and confer agent.
2-69           (d)  A matter that is not covered by an agreement ratified
 3-1     under Section 176.006 remains covered by any applicable agreement
 3-2     or any applicable statute, civil service provision, or other state
 3-3     or local law.
 3-4           SECTION 2.  This Act takes effect September 1, 2001.
 3-5                                  * * * * *