By: Davis of Dallas (Senate Sponsor - West) H.B. No. 866
         (In the Senate - Received from the House May 14, 2007;
  May 15, 2007, read first time and referred to Committee on
  Intergovernmental Relations; May 18, 2007, reported favorably by
  the following vote:  Yeas 3, Nays 0; May 18, 2007, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to local control of firefighter 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 147 to read as follows:
  CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER AND POLICE OFFICER
  EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION
  OF ONE MILLION OR MORE
         Sec. 147.001.  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. 147.002.  DEFINITIONS.  In this chapter:
               (1)  "Firefighter" means a firefighter employed by the
  municipality who is covered by the municipality's fire pension plan
  and is classified by the municipality as exempt.  The term does not
  include a firefighter with a rank that is above that of battalion
  chief or section chief.
               (2)  "Firefighter employee group" means an
  organization:
                     (A)  in which, on or before September 1, 2007,
  firefighters 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 firefighters.
               (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 by the municipality as
  exempt.  The term does not include a police officer with a rank
  above that of captain, a civilian, or a municipal marshal.
               (4)  "Police officer employee group" means an
  organization:
                     (A)  in which, on or before September 1, 2007, at
  least three percent of the police officers 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 police officers.
         Sec. 147.003.  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 firefighter employee
  groups in the municipality, provided each group may appoint only
  one firefighter 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 firefighters and
  police officers in the municipality and shall negotiate with the
  municipality in an effort to reach an agreement on concerns shared
  by the firefighters and police officers regarding terms of
  employment, including concerns relating to wages, benefits, and
  other working conditions but excluding concerns relating to
  pensions. Only the meet and confer team created under this section
  may represent the firefighters or police officers of the
  municipality in the capacity described by this subsection, except
  that the team may be accompanied by legal counsel.
         (c)  Concerns relating to affirmative action, employment
  discrimination, hiring, and promotions may be discussed by
  individual firefighter 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 firefighter employee group and
  police officer employee group based on the number of sworn fire or
  police department members represented by each group.
         (e)  A municipality may designate one or more persons to meet
  and confer on the municipality's behalf.
         Sec. 147.004.  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 municipality 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 municipality may meet and confer only if the meet and
  confer team does not advocate the illegal right to strike by public
  employees.
         (c)  Firefighters and police officers of a municipality may
  not engage in strikes against this state or a political subdivision
  of this state. A firefighter or police officer who participates in
  a strike forfeits all civil service rights, reemployment rights,
  and any other rights, benefits, or privileges the firefighter 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.  However, this
  section does not prohibit a firefighter or police officer from
  conferring with members of the municipal governing body about
  conditions, compensation, rights, privileges, or obligations of
  employment.
         Sec. 147.005.  PAYROLL DUES DEDUCTIONS.  The municipality
  may not prevent automatic payroll deductions for dues paid to a
  firefighter employee group or police officer employee group.
         Sec. 147.006.  RECORDS AND MEETINGS.  (a)  An agreement made
  under this chapter is public information 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. 147.007.  ENFORCEABILITY OF AGREEMENT.  (a)  A written
  agreement made under this chapter between a municipality and the
  meet and confer team is enforceable and binding on the
  municipality, the meet and confer team, firefighter employee
  groups, police officer employee groups, and the firefighters 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 147.008.
         (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. 147.008.  ELECTION TO RATIFY AGREEMENT.  (a)  The meet
  and confer team shall call an election to ratify any agreement
  reached with the municipality if the agreement has been approved by
  five-sevenths of the members of the meet and confer team.
         (b)  All firefighters 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 firefighter or police officer who is not a member of a
  firefighter employee group or a police officer employee group may
  be assessed a fee for any cost associated with casting the
  firefighter's or police officer's vote.
         (e)  The meet and confer team shall establish procedures for
  the election by unanimous consensus.
         SECTION 2.  This Act takes effect September 1, 2007.
 
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