79(R) HB 2589 - House Committee Report version


                                                                                
79R12089 E


By:  Davis of Dallas, Hartnett, et al.                            H.B. No. 2589

Substitute the following for H.B. No. 2589:                                   

By:  Talton                                                   C.S.H.B. No. 2589



A BILL TO BE ENTITLED

AN ACT

relating to local control of fire fighter and police officer 
employment matters in certain municipalities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle A, Title 5, Local Government Code, is 
amended by adding Chapter 146 to read as follows:

CHAPTER 146.  LOCAL CONTROL OF FIRE FIGHTER AND POLICE OFFICER 
EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE 
MILLION OR MORE
	Sec. 146.001.  APPLICABILITY.  This chapter applies only to 
a municipality with a population of one million or more, but does 
not apply to a municipality that has adopted Chapter 143 or 174.
	Sec. 146.002.  DEFINITIONS.  In this chapter:                           
		(1)  "Fire fighter" means a fire fighter employed by 
the municipality who is covered by the municipality's fire pension 
and is classified as exempt by the municipality, other than a fire 
fighter with a rank that is above that of battalion chief or section 
chief.
		(2)  "Fire fighter employee group" means an 
organization:            
			(A)  in which, on or before September 1, 2005, 
fire fighters of the municipality participated and paid dues via 
automatic payroll deduction; and
			(B)  that exists for the purpose, in whole or in 
part, of dealing with the municipality concerning grievances, labor 
disputes, wages, rates of pay, hours of employment, or conditions 
of employment affecting fire fighters.
		(3)  "Police officer" means a sworn police officer 
employed by the municipality who is covered by the municipality's 
police pension plan and is classified as exempt by the 
municipality, other than a police officer with a rank above that of 
captain.  The term does not include a civilian or a municipal 
marshal.
		(4)  "Police officer employee group" means an 
organization:          
			(A)  in which, on or before September 1, 2005, 
police officers of the municipality participated and paid dues via 
automatic payroll deductions; and
			(B)  that exists for the purpose, in whole or in 
part, of dealing with the municipality concerning grievances, labor 
disputes, wages, rates of pay, hours of employment, or conditions 
of employment affecting police officers.
		(5)  "Public employer" means any municipality as 
defined in Section 146.001.
	Sec. 146.003.  MEET AND CONFER TEAM; NEGOTIATIONS.  (a)  A 
meet and confer team is created under this section and consists of 
the following members:
		(1)  members representing the fire fighter employee 
groups in the municipality, provided each group may appoint only 
one fire fighter of the municipality to serve as a member of the 
team; and
		(2)  members representing the police officer employee 
groups in the municipality, provided each group may appoint only 
one police officer of the municipality to serve as a member of the 
team.
	(b)  The meet and confer team represents all fire fighters 
and police officers in the municipality and shall negotiate with 
the public employer in an effort to reach an agreement on concerns 
shared by the fire fighters and police officers regarding terms of 
employment, other than concerns relating to affirmative action, 
employment discrimination, hiring, and promotions.  Only the meet 
and confer team created under this section may represent the fire 
fighters or police officers of the municipality in the capacity 
described by this subsection, except that the team may be 
accompanied by legal counsel.
	(c)  The issues of affirmative action, hiring, promotions, 
and discrimination shall be negotiated by individual fire fighter 
and police officer associations, independent of the meet and confer 
team.
	(d)  Expenses associated with the meet and confer team must 
be divided pro rata among each fire fighter employee group and 
police officer employee group based on the number of sworn fire or 
police department members represented by each group.
	(e)  A public employer may designate one or more persons to 
meet and confer on the public employer's behalf.
	Sec. 146.004.  GENERAL PROVISIONS RELATING TO AGREEMENTS, 
RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied 
local control over the wages, salaries, rates of pay, hours of work, 
and other terms of employment, or other state-mandated personnel 
issues, if the public employer and the meet and confer team come to 
a mutual agreement on any of the terms of employment.  If an 
agreement is not reached, the state laws, local ordinances, and 
civil service rules remain unaffected.  All agreements shall be 
written.  Nothing in this chapter requires either party to meet and 
confer on any issue or reach an agreement.
	(b)  A public employer may meet and confer only if the meet 
and confer team does not advocate the illegal right to strike by 
public employees.
	(c)  Fire fighters and police officers of a municipality may 
not engage in strikes against this state or a political subdivision 
of this state.  A fire fighter or police officer who participates in 
a strike forfeits all civil service rights, reemployment rights, 
and any other rights, benefits, or privileges the fire fighter or 
police officer enjoys as a result of employment or prior 
employment.
	(d)  In this section, "strike" means failing to report for 
duty in concerted action with others, wilfully being absent from an 
assigned position, stopping work, abstaining from the full, 
faithful, and proper performance of the duties of employment, or 
interfering with the operation of a municipality.  Nothing in this 
subsection prevents a fire fighter or police officer of a 
municipality from conferring with members of the city council about 
conditions, compensation, rights, privileges, or obligations of 
employment.
	Sec. 146.005.  PAYROLL DUES DEDUCTIONS.  The public employer 
may not prevent automatic payroll deductions for dues paid to a fire 
fighter employee group or police officer employee group.
	Sec. 146.006.  RECORDS AND MEETINGS.  (a)  An agreement made 
under this chapter is a public record for purposes of Chapter 552, 
Government Code.  The agreement and any document prepared and used 
by the municipality in connection with the agreement, except for 
materials created during a municipality's caucuses and notes that 
are otherwise privileged by law, are available to the public in 
accordance with Chapter 552, Government Code, only after the 
agreement is ratified by both parties.
	(b)  A meeting between the meet and confer team and any 
persons designated to meet and confer on the municipality's behalf 
is not subject to Chapter 551, Government Code.
	(c)  This section does not affect the application of 
Subchapter C, Chapter 552, Government Code, to a document prepared 
and used by the municipality in connection with the agreement.
	Sec. 146.007.  ENFORCEABILITY OF AGREEMENT.  (a)  A written 
agreement made under this chapter between a public employer and the 
meet and confer team is enforceable and binding on the public 
employer, the meet and confer team, fire fighter employee groups, 
police officer employee groups, and the fire fighters and police 
officers covered by the agreement if:
		(1)  the municipality's governing body ratified the 
agreement by a majority vote; and
		(2)  the agreement is ratified under Section 146.008.                  
	(b)  A state district court of the judicial district in which 
a majority of the population of the municipality 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 as required by this 
chapter.  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 any 
written agreement ratified as required by this chapter.
	Sec. 146.008.  ELECTION TO RATIFY AGREEMENT.  (a)  The meet 
and confer team shall call an election to ratify any agreement 
reached with the public employer if the agreement has been approved 
by five-sevenths of the members of the meet and confer team.
	(b)  All fire fighters and police officers of the 
municipality are eligible to vote in the election.
	(c)  An agreement may be ratified under this section only if 
at least 65 percent of the votes cast in the election favor the 
ratification.
	(d)  A fire fighter or police officer who is not a member of a 
fire fighter employee group or a police officer employee group may 
be assessed a fee for any cost associated with casting the fire 
fighter's or police officer's vote.
	(e)  The meet and confer team shall establish procedures of 
the election by unanimous consensus.
	SECTION 2.  This Act takes effect September 1, 2005.