By: Gallegos S.B. No. 1212

A BILL TO BE ENTITLED

AN ACT

relating to the local control of firefighter employment matters in certain municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 142.106, Local Government Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) The governing body of the municipality may:

(1) recognize the change or modification as provided by the petition if the signatures contained in the petition are verified by the American Arbitration Association or the Federal Mediation Conciliation Service; or

(2) order a certification election in accordance with Section 142.104 regarding whether to do so.

(c) The firefighters association is liable for the expenses of verifying the signatures contained in the petition.

SECTION 2. Subchapter C, Chapter 142, Local Government Code, is amended by adding Section 142.1111 to read as follows:

Sec. 142.1111. PROTECTED SPEECH RIGHTS. (a) 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.

(b) 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. 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.