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A BILL TO BE ENTITLED
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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, on or before September 1, 2007, |
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firefighters of the municipality participated and paid dues via |
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automatic payroll deduction; 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, on or before September 1, 2007, at |
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least three percent of the police officers of the municipality |
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participated and paid dues via automatic payroll deduction; 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, other than concerns relating to affirmative action, |
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employment discrimination, hiring, and promotions. Only the meet |
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and confer team created under this section may represent the |
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firefighters or police officers of the municipality in the capacity |
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described by this subsection, except that the team may be |
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accompanied by legal counsel. |
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(c) Concerns relating to affirmative action, employment |
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discrimination, hiring, and promotions shall be negotiated 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. 147.004. 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 come to a |
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mutual agreement on any of the terms of employment. If an agreement |
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is not reached, the state laws, local ordinances, and civil service |
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rules remain unaffected. All agreements shall be written. Nothing |
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in this chapter requires either party to meet and confer on any |
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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) A meeting between the meet and confer team and any |
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persons designated to meet and confer on the municipality's behalf |
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is not subject to Chapter 551, Government Code. |
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(c) 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 of |
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the election by unanimous consensus. |
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SECTION 2. This Act takes effect September 1, 2007. |