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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of the Fire and Police Employee |
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Relations Act in recently incorporated political subdivisions to |
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certain fire fighters covered by preexisting collective bargaining |
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agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 174, Local Government |
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Code, is amended by adding Section 174.0511 to read as follows: |
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Sec. 174.0511. ADOPTION ELECTION UNNECESSARY IN CERTAIN |
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CIRCUMSTANCES. If a private corporation employs fire fighters who |
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are covered by a collective bargaining agreement negotiated under |
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the National Labor Relations Act (29 U.S.C. Section 151 et seq.) to |
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provide fire protection services in an unincorporated area and |
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during the term of the collective bargaining agreement the area |
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incorporates as a political subdivision: |
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(1) the fire fighters who are covered by the |
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preexisting collective bargaining agreement become the political |
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subdivision's fire fighters and employees of the political |
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subdivision; |
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(2) this chapter is considered automatically adopted |
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in relation to the political subdivision's fire fighters and |
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applies to the political subdivision's fire fighters without the |
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necessity of an adoption election under Section 174.051; |
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(3) the preexisting collective bargaining agreement |
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is given effect for the remainder of the agreement's term and |
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applies to the political subdivision and its fire fighters as if the |
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agreement had been negotiated by the political subdivision under |
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this chapter; and |
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(4) this chapter continues to apply to the political |
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subdivision's fire fighters unless the automatic adoption under |
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this section is repealed by a successful repeal election held under |
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Section 174.053. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |