LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 18, 2009

TO:	Honorable Yvonne Davis, Chair, House Committee on Urban Affairs
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB4123 by Alonzo (Relating to The Fire Fighter Labor Relations Act.), As Introduced

No fiscal implication to the State is anticipated.

The bill would add Chapter 179 to Subtitle C, Title 5, Local Government Code, to create The Fire Fighter Labor Relations Act (Act). The purpose of the Act would be to provide for the execution of the policies of the federal Labor Management Relations Act, 1947 (29 U.S.C. Section 141 et seq.). The provisions of the Act, except as provided within the Act, would preempt all contrary statutes, legislation, ordinances, executive orders, or rules adopted by the state, a political subdivision, or an agent of the state or political subdivision.

In a political subdivision that previously has adopted Chapter 142 or 174 for its fire fighters, except as otherwise specified in Chapter 179, Chapter 179 would govern to the extent of any conflict. A state or local civil service provision would prevail over a collective bargaining agreement under Chapter 179 unless the collective bargaining contract speficially provides otherwise. The Act would not limit the authority of a municipal fire chief under Chapter 143, except as modified by the parties through collective bargaining.

The Act would set out the requirements and procedures related to collective bargaining and reaching an agreement, including the use of mediation or arbitration to assist in reaching an agreement.

Local Government Impact

Costs to political subdivisions would depend on the terms of the agreement reached. There would also be costs associated with the process of reaching an agreement.

Source Agencies:

LBB Staff:

JOB, DB