By: Gallegos S.B. No. 1212
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the local control of fire fighter employment matters in
certain municipalities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sub-chapter C, Local Government Code, is amended
by adding Section 142.100 to read as follows:
       Sec. 142.100.  Nothing within this statute, or a municipal
ordinance, or a provision of a municipal charter shall preempt,
impair or otherwise restrict communications between individual
fire fighters or the officer's of a fire fighter's association and
the elected members of the municipality's governing body.
       SECTION 2.  Sub-chapter C, Local Government Code, is amended
by amending the Section 142.119 to read as follows:
       Sec. 142.119.  This subchapter may not be construed as
repealing any existing benefit provided by statute or ordinance
concerning firefighters' compensation, pensions, retirement plans,
hours of work, conditions of employment including the right to open
and honest communications between the officers of a firefighter's
association and the governing body of a municipality, or other
emoluments, except as expressly provided in a ratified meet and
confer agreement.  This subchapter is in addition to the benefits
provided by existing statutes and ordinances.
       SECTION 3.  Sub-chapter C, Local Government Code, is amended
by amending Section 142.106(b)(1) to read as follows:
       Sec. 142.106.  (a)  The firefighters may modify or change
the recognition of the association granted under this subchapter by
filing with the governing body of the municipality a petition
signed by a majority of all covered firefighters.
       (b)  The governing body of the municipality may:
             (1)  recognize the change or modification as provided
by the petition if the petition signatures are verified by the
American Arbitration Association or the Federal Mediation and
Conciliation Service; or
             (2)  order a certification election in accordance with
Section 142.104 regarding whether to do so.
       SECTION 4.  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.