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Amend SB 1104 (House Committee Printing), in SECTION 1 of the
bill, as follows:
(1) In added Section 142.155, Local Government Code,
immediately following the section heading (page 3, line 14), strike
"A public employer" and substitute "The governing body of a
municipality".
(2) Immediately following added Subsection (c), Section
142.156, Local Government Code (page 4, between lines 11 and 12),
insert the following:
Sec. 142.1565. ELECTION TO AUTHORIZE OPERATING UNDER THIS
SUBCHAPTER. (a) If the governing body of a municipality does not
recognize an association that submits a petition under Section
142.155 and that has been determined by the governing body or under
Section 142.156 to represent a majority of the covered emergency
medical services personnel, the governing body shall order an
election to determine whether a public employer may meet and confer
under this subchapter.
(b) An election ordered under this section must be held as
part of the next regularly scheduled general election for municipal
officers that occurs after the date the governing body of the
municipality orders the election and that allows sufficient time to
prepare the ballot in compliance with other requirements of law.
(c) The ballot for an election ordered under this section
shall be printed to allow voting for or against the proposition:
"Authorizing __________ (name of the municipality) to operate under
the state law allowing a municipality to meet and confer and make
agreements with the association representing municipal emergency
medical services personnel as provided by state law, preserving the
prohibition against strikes and organized work stoppages, and
providing penalties for strikes and organized work stoppages."
(d) An election ordered under this section must be held and
the returns prepared and canvassed in conformity with the Election
Code.
(e) If an election under this section is held, the
municipality may operate under the other provisions of this
subchapter only if a majority of the votes cast at the election
favor the proposition.
(f) If an election under this section is held, an
association may not submit a petition for recognition to the
governing body of the municipality under Section 142.155 before the
second anniversary of the date of the election.
(3) Immediately following added Subsection (c), Section
142.160, Local Government Code (page 6, between lines 11 and 12),
insert the following:
Sec. 142.1605. ACTION OR ELECTION TO REPEAL AUTHORIZATION
TO OPERATE UNDER THIS SUBCHAPTER. (a) The governing body of a
municipality that granted recognition of an association under
Section 142.155 without conducting an election under Section
142.1565 may withdraw recognition of the association by providing
to the association not less than 90 days' written notice that:
(1) the governing body is withdrawing recognition of
the association; and
(2) any agreement between the governing body and the
association will not be renewed.
(b) The governing body of a municipality that granted
recognition of an association after conducting an election under
Section 142.1565 may order an election to determine whether a
public employer may continue to meet and confer under this
subchapter. The governing body may not order an election under this
subsection until the second anniversary of the date of the election
under Section 142.1565.
(c) An election ordered under Subsection (b) must be held as
part of the next regularly scheduled general election for municipal
officers that occurs after the date the governing body of the
municipality orders the election and that allows sufficient time to
prepare the ballot in compliance with other requirements of law.
(d) The ballot for an election ordered under Subsection (b)
shall be printed to allow voting for or against the proposition:
"Authorizing __________ (name of the municipality) to continue to
operate under the state law allowing a municipality to meet and
confer and make agreements with the association representing
municipal emergency medical services personnel as provided by state
law, preserving the prohibition against strikes and organized work
stoppages, and providing penalties for strikes and organized work
stoppages."
(e) An election ordered under Subsection (b) must be held
and the returns prepared and canvassed in conformity with the
Election Code.
(f) If an election ordered under Subsection (b) is held, the
municipality may continue to operate under this subchapter only if
a majority of the votes cast at the election favor the proposition.
(g) If an election ordered under Subsection (b) is held, an
association may not submit a petition for recognition to the
governing body of the municipality under Section 142.155 before the
second anniversary of the date of the election.