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78R5574 YDB-F
By: Bailey H.B. No. 1642
A BILL TO BE ENTITLED
AN ACT
relating to the conditions of employment for certain fire fighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 176 to read as follows:
CHAPTER 176. LOCAL CONTROL OF FIRE FIGHTER EMPLOYMENT MATTERS
Sec. 176.001. APPLICABILITY. This chapter does not apply
to:
(1) a political subdivision that has adopted Chapter
174;
(2) a municipality to which Subchapter H or I of
Chapter 143 applies; or
(3) a municipality with a population greater than one
million.
Sec. 176.002. DEFINITIONS. In this chapter:
(1) "Fire fighters association" means an organization
in which fire fighters participate and that exists for the purpose,
in whole or in part, of dealing with one or more employers, whether
public or private, concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or conditions of work affecting
public employees.
(2) "Public employer" means any political
subdivision, including a municipality, or an agency, board,
commission, or other governmental entity controlled by a political
subdivision, that is required to establish the wages, salaries,
rates of pay, hours, working conditions, and other terms and
conditions of employment of fire fighters and diversity programs of
fire departments. The term includes, under appropriate
circumstances, a mayor, manager, administrator of a municipality,
municipal governing body, commissioners court, director of
personnel, personnel board, or one or more other officials,
regardless of the name by which they are designated.
Sec. 176.003. GENERAL PROVISIONS RELATING TO AGREEMENTS AND
RECOGNITION. (a) To the extent the public employer and the fire
fighters association recognized as the sole and exclusive meet and
confer agent for the fire fighters employed by the political
subdivision come to a mutual agreement on any of the terms of
employment or personnel issues, a political subdivision may not be
denied local control over:
(1) the wages, salaries, rates of pay, hours of work,
diversity programs, and other terms of employment; or
(2) other personnel issues.
(b) If an agreement is not reached, the local ordinances and
civil service rules remain unaffected.
(c) All agreements must be written.
(d) Nothing in this chapter requires either party to meet
and confer on any issue or reach an agreement.
Sec. 176.004. STRIKES PROHIBITED. (a) A public employer
may meet and confer only if the fire fighters association
recognized under this chapter as the sole and exclusive meet and
confer agent does not advocate the illegal right to strike by public
employees.
(b) Fire fighters of a political subdivision may not engage
in strikes or organized work stoppages against this state or a
political subdivision of this state.
(c) A fire fighter who participates in a strike forfeits all
civil service rights, reemployment rights, and any other rights,
benefits, or privileges the fire fighter enjoys as a result of
employment or prior employment, except that the right of an
individual to cease work may not be abridged if the individual is
not acting in concert with others in an organized work stoppage.
Sec. 176.005. RECOGNITION OF FIRE FIGHTERS ASSOCIATION.
(a) In a political subdivision that chooses to meet and confer
under this chapter, a fire fighters association submitting a
petition signed by a majority of the fire fighters employed by the
political subdivision, excluding the head of the fire department
and assistant department heads in the rank or classification
immediately below that of the department head, shall be recognized
by the public employer as the sole and exclusive meet and confer
agent for all of the fire fighters employed by the political
subdivision, excluding the department head and assistant
department heads, until recognition of the association is withdrawn
by a majority of those fire fighters.
(b) Whether a fire fighters association represents a
majority of the covered fire fighters shall be resolved by a fair
election conducted according to procedures agreeable to the
parties. If the parties are unable to agree on procedures, either
party may request the Federal Mediation and Conciliation Service to
conduct the election and to certify the results.
(c) Certification of the results of an election resolves the
question concerning representation.
(d) The fire fighters association is liable for the expenses
of the election, except that if two or more associations seeking
recognition as the meet and confer agent submit petitions signed by
a majority of the fire fighters eligible to sign the petition, the
associations shall share equally the costs of the election.
Sec. 176.006. OPEN MEETINGS REQUIRED. All deliberations
relating to an agreement between a fire fighters association and a
public employer shall be open to the public and held in compliance
with any applicable state statutes.
Sec. 176.007. RATIFICATION OF AGREEMENT. A written
agreement made under this chapter between a public employer and a
fire fighters association recognized as the sole and exclusive meet
and confer agent is enforceable and binding on the public employer,
the fire fighters association recognized as the sole and exclusive
meet and confer agent, and fire fighters covered by the agreement
if:
(1) the political subdivision's governing body
ratified the agreement by a majority vote; and
(2) the fire fighters association ratified the
agreement by conducting a secret ballot election at which only fire
fighters of the political subdivision in the association were
eligible to vote, and a majority of the votes cast at the election
favored ratifying the agreement.
Sec. 176.008. ENFORCEABILITY OF AGREEMENT. (a) A state
district court of a judicial district in which a majority of the
population of the political subdivision is located has full
authority and jurisdiction on the application of either party
aggrieved by an action or omission of the other party when the
action or omission is related to a right, duty, or obligation
provided by any written agreement ratified under Section 176.007.
(b) The court may issue proper restraining orders,
temporary and permanent injunctions, and any other writ, order, or
process, including contempt orders, that are appropriate to
enforcing the written agreement ratified under Section 176.007.
Sec. 176.009. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
(a) To the extent of any conflict with a previous statute, a
written agreement under this chapter between a public employer and
the fire fighters association recognized as the sole and exclusive
meet and confer agent supersedes, during the term of the agreement,
the previous statute concerning:
(1) wages, salaries, rates of pay, and hours of work;
and
(2) other terms of employment, including affirmative
action programs.
(b) A written agreement under this chapter preempts all
contrary local ordinances, executive orders, civil service
provisions, or rules adopted by a political subdivision or a
division or agent of a political subdivision, such as a personnel
board or a civil service commission.
(c) An agreement under this chapter may not diminish or
qualify any right, benefit, or privilege of an employee under a
civil service statute or other state law unless approved by a
majority of the votes received in the secret ballot election on the
agreement by the members of the fire fighters association
recognized as the sole and exclusive meet and confer agent.
(d) A matter that is not covered by an agreement ratified
under Section 176.007 remains covered by any applicable agreement
or any applicable statute, civil service provision, or other state
or local law.
SECTION 2. This Act takes effect September 1, 2003.