BILL ANALYSIS
By: Gallegos
BACKGROUND AND PURPOSE
This legislation amends the Local Government Code section permitting meet and confer for fire fighters employed in certain municipalities who are certified as fire protection personnel by the Commission on Fire Protection. As filed, the bill clarifies that the legislation, a city ordinance or a city charter provision may not restrict communication between fire fighters or a fire fighter’s association and the governing body of a municipality. The bill also provides a verification of signatures on a petition filed for the purpose of modifying the recognition of the association as the authorized representative of the covered employees.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
SECTION-BY-SECTION ANALYSIS
SECTION 1. Sub-chapter C, Local Government Code, is amended by amending Section 142.106 (b) (1) to permit modification of the recognition of the association granted under this subchapter if the signatures on a petition signed by a majority of all covered firefighters are verified by the American Arbitration Association or the Federal Mediation and Conciliation Service, or if a certification election is held in accordance with Section 142.104 regarding whether to do so. Subsection (c) is added to Section 142.106 to provide that firefighter’s association is liable for the expenses relating to the verification the.
SECTION 2. Subchapter C, Chapter 142, Local Government Code, is amended by adding Section 142.1111 to provide that a local ordinance, charter provision, meet and confer agreement, executive order, legislation, or rule adopted by a municipality may not interfere with the free speech right, guaranteed by the First Amendment to the United States Constitution, of an individual firefighter or an officer of a firefighters association to communicate with the governing body of the municipality on an issue not governed by a meet and confer agreement under this subchapter. Section 2 also provides that this subchapter does not diminish the free speech rights applicable to communications between a firefighter or an officer of a firefighters association and the governing body of a municipality.
SECTION 3. Provides that this Act takes effect immediately if it receives a two-thirds vote of all the members of each house and takes effect September 1, 2007, if it does not receive such votes.
EFFECTIVE DATE
This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.