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AN ACT
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relating to local control of firefighter and police officer |
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employment matters in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 5, Local Government Code, is |
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amended by adding Chapter 147 to read as follows: |
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CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER AND POLICE OFFICER |
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EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION |
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OF ONE MILLION OR MORE |
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Sec. 147.001. APPLICABILITY. This chapter applies only to |
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a municipality with a population of one million or more, but does |
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not apply to a municipality that has adopted Chapter 143 or 174. |
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Sec. 147.002. DEFINITIONS. In this chapter: |
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(1) "Firefighter" means a firefighter employed by the |
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municipality who is covered by the municipality's fire pension plan |
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and is classified by the municipality as exempt. The term does not |
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include a firefighter with a rank that is above that of battalion |
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chief or section chief. |
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(2) "Firefighter employee group" means an |
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organization: |
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(A) in which firefighters of the municipality |
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have participated and paid dues via automatic payroll deduction for |
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at least one year; and |
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(B) that exists for the purpose, in whole or in |
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part, of dealing with the municipality concerning grievances, labor |
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disputes, wages, rates of pay, hours of employment, or conditions |
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of employment affecting firefighters. |
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(3) "Police officer" means a sworn police officer |
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employed by the municipality who is covered by the municipality's |
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police pension plan and is classified by the municipality as |
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exempt. The term does not include a police officer with a rank |
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above that of captain, a civilian, or a municipal marshal. |
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(4) "Police officer employee group" means an |
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organization: |
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(A) in which at least three percent of the police |
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officers of the municipality have participated and paid dues via |
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automatic payroll deduction for at least one year; and |
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(B) that exists for the purpose, in whole or in |
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part, of dealing with the municipality concerning grievances, labor |
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disputes, wages, rates of pay, hours of employment, or conditions |
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of employment affecting police officers. |
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Sec. 147.003. MEET AND CONFER TEAM; NEGOTIATIONS. (a) A |
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meet and confer team is created under this section and consists of |
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the following members: |
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(1) members representing the firefighter employee |
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groups in the municipality, provided each group may appoint only |
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one firefighter of the municipality to serve as a member of the |
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team; and |
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(2) members representing the police officer employee |
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groups in the municipality, provided each group may appoint only |
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one police officer of the municipality to serve as a member of the |
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team. |
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(b) The meet and confer team represents all firefighters and |
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police officers in the municipality and shall negotiate with the |
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municipality in an effort to reach an agreement on concerns shared |
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by the firefighters and police officers regarding terms of |
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employment, including concerns relating to wages, benefits, and |
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other working conditions but excluding concerns relating to |
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pensions. Only the meet and confer team created under this section |
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may represent the firefighters or police officers of the |
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municipality in the capacity described by this subsection, except |
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that the team may be accompanied by legal counsel. |
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(c) Concerns relating to affirmative action, employment |
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discrimination, hiring, and promotions may be discussed by |
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individual firefighter and police officer associations independent |
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of the meet and confer team. |
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(d) Expenses associated with the meet and confer team must |
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be divided pro rata among each firefighter employee group and |
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police officer employee group based on the number of sworn fire or |
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police department members represented by each group. |
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(e) A municipality may designate one or more persons to meet |
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and confer on the municipality's behalf. |
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Sec. 147.0031. PETITION FOR RECOGNITION: ELECTION OR ACTION |
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BY GOVERNING BODY. (a) Not later than the 30th day after the date |
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the governing body of a municipality receives from the meet and |
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confer team a petition signed by a majority of all police officers |
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and a majority of all firefighters, excluding the head of the police |
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department, the head of the fire department, and other excluded |
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employees as described by Section 147.0035(b), that requests |
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recognition of the meet and confer team as the sole and exclusive |
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bargaining agent for all the police officers and firefighters |
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employed by the municipality, excluding the head of the police |
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department, the head of the fire department, and other excluded |
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employees as described by Section 147.0035(b), the governing body |
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shall: |
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(1) grant recognition of the meet and confer team as |
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requested in the petition and determine by majority vote that the |
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municipality may meet and confer under this chapter without |
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conducting an election by the voters in the municipality under |
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Section 147.0033; |
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(2) defer granting recognition of the meet and confer |
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team and order an election by the voters in the municipality under |
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Section 147.0033 regarding whether the municipality may meet and |
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confer under this chapter; or |
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(3) order a certification election under Section |
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147.0032 to determine whether the employee groups in the meet and |
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confer team represent a majority of the covered police officers and |
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a majority of the covered firefighters. |
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(b) If the governing body of a municipality orders a |
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certification election under Subsection (a)(3) and the employee |
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groups that are part of the meet and confer team are certified to |
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represent a majority of the covered police officers and a majority |
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of the covered firefighters, the governing body shall, not later |
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than the 30th day after the date that results of that election are |
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certified: |
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(1) grant recognition of the meet and confer team as |
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requested in the petition for recognition and determine by majority |
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vote that the municipality may meet and confer under this chapter |
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without conducting an election by the voters in the municipality |
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under Section 147.0033; or |
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(2) defer granting recognition of the meet and confer |
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team and order an election by the voters in the municipality under |
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Section 147.0033 regarding whether a public employer may meet and |
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confer under this chapter. |
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Sec. 147.0032. CERTIFICATION ELECTION. (a) Except as |
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provided by Subsection (b), a certification election ordered under |
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Section 147.0031(a)(3) to determine whether the employee groups in |
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the meet and confer team represent a majority of the covered police |
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officers and a majority of the covered firefighters shall be |
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conducted according to procedures agreeable to the parties. |
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(b) If the parties are unable to agree on procedures for the |
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certification election, either party may request the American |
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Arbitration Association to conduct the election and to certify the |
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results of the election. |
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(c) Certification of the results of an election under this |
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section resolves the question concerning representation. |
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(d) Each employee group in the meet and confer team is |
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liable for the expenses of the certification election for the |
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employees the group represents. |
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Sec. 147.0033. ELECTION TO AUTHORIZE OPERATING UNDER THIS |
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CHAPTER. (a) The governing body of a municipality that receives a |
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petition for recognition under Section 147.0031 may order an |
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election to determine whether a public employer may meet and confer |
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under this chapter. |
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(b) An election ordered under this section must be held as |
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part of the next regularly scheduled general election for municipal |
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officials that is held after the date the governing body of the |
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municipality orders the election and that allows sufficient time to |
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prepare the ballot in compliance with other requirements of law. |
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(c) The ballot for an election ordered under this section |
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shall be printed to permit voting for or against the proposition: |
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"Authorizing __________ (name of the municipality) to operate under |
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the state law allowing a municipality to meet and confer and make |
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agreements with the meet and confer team representing municipal |
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police officers and firefighters as provided by state law, |
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preserving the prohibition against strikes and organized work |
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stoppages, and providing penalties for strikes and organized work |
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stoppages." |
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(d) An election called under this section must be held and |
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the returns prepared and canvassed in conformity with the Election |
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Code. |
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(e) If an election authorized under this section is held, |
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the municipality may operate under the other provisions of this |
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chapter only if a majority of the votes cast at the election favor |
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the proposition. |
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(f) If an election authorized under this section is held, a |
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meet and confer team may not submit a petition for recognition to |
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the governing body of the municipality under Section 147.0031 |
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before the second anniversary of the date of the election. |
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Sec. 147.0034. WITHDRAWAL OF RECOGNITION. (a) The police |
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officers and firefighters may withdraw the recognition of the meet |
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and confer team granted under this chapter by filing with the |
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governing body of the municipality a petition signed by a majority |
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of all covered police officers and a majority of all covered |
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firefighters. |
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(b) The governing body of the municipality may: |
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(1) withdraw recognition as provided by the petition; |
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or |
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(2) order a certification election in accordance with |
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Section 147.0032 regarding whether to do so. |
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Sec. 147.0035. RECOGNITION OF MEET AND CONFER TEAM. (a) A |
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public employer in a municipality that chooses to meet and confer |
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under this chapter shall recognize the meet and confer team that is |
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recognized under Section 147.0031 or 147.0033 as the sole and |
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exclusive bargaining agent for the police officers and |
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firefighters, excluding the head of the police department, head of |
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the fire department, and the employees exempt under Subsection (b), |
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in accordance with this chapter and the petition. |
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(b) For the purposes of Subsection (a), exempt employees are |
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employees appointed by the head of the police department or fire |
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department in the classification immediately below that of |
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department head or that are exempt by the mutual agreement of the |
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meet and confer team and the municipality. |
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(c) The municipality shall recognize the meet and confer |
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team until recognition of the meet and confer team is withdrawn in |
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accordance with Section 147.0034 by a majority of the police |
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officers and a majority of the firefighters who are eligible to sign |
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a petition for recognition. |
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Sec. 147.004. GENERAL PROVISIONS RELATING TO AGREEMENTS, |
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RECOGNITION, AND STRIKES. (a) A municipality may not be denied |
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local control over the wages, salaries, rates of pay, hours of work, |
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and other terms of employment, or other state-mandated personnel |
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issues, if the municipality and the meet and confer team recognized |
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under Section 147.0031 or 147.0033 as the sole and exclusive |
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bargaining agent for the covered police officers and firefighters |
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come to a mutual agreement on any of the terms of employment. If an |
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agreement is not reached, the state laws, local ordinances, and |
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civil service rules remain unaffected. All agreements shall be |
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written. Nothing in this chapter requires either party to meet and |
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confer on any issue or reach an agreement. |
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(b) A municipality may meet and confer only if the meet and |
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confer team does not advocate the illegal right to strike by public |
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employees. |
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(c) Firefighters and police officers of a municipality may |
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not engage in strikes against this state or a political subdivision |
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of this state. A firefighter or police officer who participates in |
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a strike forfeits all civil service rights, reemployment rights, |
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and any other rights, benefits, or privileges the firefighter or |
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police officer enjoys as a result of employment or prior |
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employment. |
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(d) In this section, "strike" means failing to report for |
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duty in concerted action with others, wilfully being absent from an |
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assigned position, stopping work, abstaining from the full, |
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faithful, and proper performance of the duties of employment, or |
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interfering with the operation of a municipality. However, this |
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section does not prohibit a firefighter or police officer from |
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conferring with members of the municipal governing body about |
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conditions, compensation, rights, privileges, or obligations of |
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employment. |
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Sec. 147.005. PAYROLL DUES DEDUCTIONS. The municipality |
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may not prevent automatic payroll deductions for dues paid to a |
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firefighter employee group or police officer employee group. |
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Sec. 147.006. RECORDS AND MEETINGS. (a) An agreement made |
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under this chapter is public information for purposes of Chapter |
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552, Government Code. The agreement and any document prepared and |
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used by the municipality in connection with the agreement, except |
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for materials created during a municipality's caucuses and notes |
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that are otherwise privileged by law, are available to the public in |
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accordance with Chapter 552, Government Code, only after the |
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agreement is ratified by both parties. |
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(b) This section does not affect the application of |
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Subchapter C, Chapter 552, Government Code, to a document prepared |
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and used by the municipality in connection with the agreement. |
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Sec. 147.007. ENFORCEABILITY OF AGREEMENT. (a) A written |
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agreement made under this chapter between a municipality and the |
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meet and confer team is enforceable and binding on the |
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municipality, the meet and confer team, firefighter employee |
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groups, police officer employee groups, and the firefighters and |
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police officers covered by the agreement if: |
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(1) the municipality's governing body ratified the |
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agreement by a majority vote; and |
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(2) the agreement is ratified under Section 147.008. |
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(b) A state district court of the judicial district in which |
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a majority of the population of the municipality is located has full |
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authority and jurisdiction on the application of either party |
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aggrieved by an action or omission of the other party when the |
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action or omission is related to a right, duty, or obligation |
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provided by any written agreement ratified as required by this |
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chapter. The court may issue proper restraining orders, temporary |
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and permanent injunctions, and any other writ, order, or process, |
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including contempt orders, that are appropriate to enforcing any |
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written agreement ratified as required by this chapter. |
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Sec. 147.008. ELECTION TO RATIFY AGREEMENT. (a) The meet |
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and confer team shall call an election to ratify any agreement |
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reached with the municipality if the agreement has been approved by |
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five-sevenths of the members of the meet and confer team. |
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(b) All firefighters and police officers of the |
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municipality are eligible to vote in the election. |
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(c) An agreement may be ratified under this section only if |
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at least 65 percent of the votes cast in the election favor the |
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ratification. |
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(d) A firefighter or police officer who is not a member of a |
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firefighter employee group or a police officer employee group may |
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be assessed a fee for any cost associated with casting the |
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firefighter's or police officer's vote. |
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(e) The meet and confer team shall establish procedures for |
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the election by unanimous consensus. |
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Sec. 147.009. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO |
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OPERATE UNDER THIS CHAPTER. (a) The governing body of a |
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municipality that granted recognition of a meet and confer team |
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under Section 147.0031 without conducting an election under Section |
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147.0033 may withdraw recognition of the meet and confer team by |
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providing to the meet and confer team not less than 90 days' written |
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notice that: |
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(1) the governing body is withdrawing recognition of |
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the meet and confer team; and |
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(2) any agreement between the governing body and the |
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meet and confer team will not be renewed. |
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(b) The governing body of a municipality that granted |
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recognition of a meet and confer team after conducting an election |
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under Section 147.0033 may order an election to determine whether a |
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public employer may continue to meet and confer under this chapter. |
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The governing body may not order an election under this subsection |
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until the second anniversary of the date of the election under |
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Section 147.0033. |
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(c) An election ordered under Subsection (b) must be held as |
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part of the next regularly scheduled general election for municipal |
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officers that occurs after the date the governing body of the |
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municipality orders the election and that allows sufficient time to |
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prepare the ballot in compliance with other requirements of law. |
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(d) The ballot for an election ordered under Subsection (b) |
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shall be printed to allow voting for or against the proposition: |
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"Authorizing __________ (name of the municipality) to continue to |
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operate under the state law allowing a municipality to meet and |
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confer and make agreements with the meet and confer team |
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representing municipal police officers and firefighters as |
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provided by state law, preserving the prohibition against strikes |
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and organized work stoppages, and providing penalties for strikes |
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and organized work stoppages." |
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(e) An election ordered under Subsection (b) must be held |
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and the returns prepared and canvassed in conformity with the |
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Election Code. |
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(f) If an election ordered under Subsection (b) is held, the |
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municipality may continue to operate under this chapter only if a |
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majority of the votes cast at the election favor the proposition. |
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(g) If an election ordered under Subsection (b) is held, a |
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meet and confer team may not submit a petition for recognition to |
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the governing body of the municipality under Section 147.0031 |
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before the second anniversary of the date of the election. |
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Sec. 147.010. ELECTION TO REPEAL AGREEMENT. (a) Not later |
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than the 60th day after the date a meet and confer agreement is |
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ratified by the governing body of the municipality and the |
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firefighters and police officers under Section 147.008, a petition |
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calling for the repeal of the agreement signed by a number of |
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registered voters residing in the municipality equal to at least 10 |
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percent of the votes cast at the most recent general election held |
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in the municipality may be presented to the person charged with |
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ordering an election under Section 3.004, Election Code. |
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(b) If a petition is presented under Subsection (a), the |
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governing body of the municipality shall: |
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(1) repeal the meet and confer agreement; or |
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(2) certify that the governing body is not repealing |
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the agreement and call an election to determine whether to repeal |
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the agreement. |
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(c) An election called under Subsection (b)(2) may be held |
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as part of the next regularly scheduled general election for the |
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municipality. The ballot shall be printed to provide for voting for |
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or against the proposition: "Repeal the meet and confer agreement |
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ratified on __________ (date agreement was ratified) by the |
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__________ (name of the governing body of the municipality) and the |
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police officers and firefighters employed by the City of __________ |
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(name of municipality) concerning wages, salaries, rates of pay, |
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hours of work, and other terms of employment." |
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(d) If a majority of the votes cast at the election favor the |
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repeal of the agreement, the agreement is void. |
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Sec. 147.011. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a) |
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This chapter may not be construed to repeal any existing benefit |
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provided by statute or ordinance concerning police officers' or |
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firefighters' compensation, pensions, retirement plans, hours of |
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work, conditions of employment, or other emoluments except as |
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expressly provided in a ratified meet and confer agreement. This |
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chapter is in addition to the benefits provided by existing |
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statutes and ordinances. |
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(b) This chapter may not be construed to interfere with the |
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free speech right, guaranteed by the First Amendment to the United |
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States Constitution, of an individual firefighter or a police |
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officer to endorse or dissent from any agreement. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 866 was passed by the House on May 11, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 866 on May 25, 2007, by the following vote: Yeas 140, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 866 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 21, Nays |
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9. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |