By: Davis of Dallas, et al. H.B. No. 2589
(Senate Sponsor - Deuell)
(In the Senate - Received from the House May 10, 2005;
May 12, 2005, read first time and referred to Committee on
Intergovernmental Relations; May 19, 2005, reported favorably by
the following vote: Yeas 5, Nays 0; May 19, 2005, sent to
printer.)
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.
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