By: Rosenthal, Bumgarner, Little, Simmons, H.B. No. 3977

Ward Johnson

A BILL TO BE ENTITLED

AN ACT

relating to conditions of employment for firefighters employed by certain political subdivisions.

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

SECTION 1. Subtitle C, Title 5, Local Government Code, is amended by adding Chapter 174A to read as follows:

CHAPTER 174A. LOCAL CONTROL OF FIREFIGHTER EMPLOYMENT MATTERS IN

CERTAIN POLITICAL SUBDIVISIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 174A.001. APPLICABILITY. This chapter does not apply to:

(1) a political subdivision that has adopted Subchapter A, Chapter 158, by order or Chapter 174 by election; or

(2) a fire department that provides services exclusively to a municipality.

Sec. 174A.002. DEFINITIONS. In this chapter:

(1) "Covered firefighter" means a firefighter who is employed by a political subdivision and who is not:

(A) the head of the fire department; or

(B) exempt from an employment agreement by the mutual agreement of the recognized firefighters association and the public employer.

(2) "Employment agreement" means an agreement developed by a public employer and a firefighters association that governs the conditions of employment of the public employer's firefighters, such as grievances, labor disputes, wages, salaries, rates of pay, hours of work, or other working conditions.

(3) "Firefighter" means a paid employee of a fire department who performs one or more of the duties described by Section 143.003(4)(A).

(4) "Firefighters association" means an employee organization in which firefighters employed by a political subdivision participate that exists for the purpose, wholly or partly, of dealing with the political subdivision or public employer concerning grievances, labor disputes, wages, salaries, rates of pay, hours of work, or other working conditions affecting firefighters.

(5) "Public employer" means a political subdivision or the fire department of the political subdivision that is required to establish the wages, salaries, rates of pay, hours of work, other working conditions, and other terms and conditions of employment of firefighters employed by the political subdivision.

Sec. 174A.003. EFFECT OF OTHER LAW. (a) This chapter preempts all contrary:

(1) ordinances, orders, regulations, and similar measures adopted by a political subdivision; and

(2) rules adopted by a state agency.

(b) Section 617.002, Government Code, does not apply to an agreement made or an action taken under this chapter.

Sec. 174A.004. EFFECT ON EXISTING BENEFITS. This chapter may not be construed as repealing any existing benefit provided by state statute or ordinance, order, regulation, or similar measure concerning firefighters' compensation, pensions, retirement plans, hours of work, conditions of employment, or other emoluments, except as expressly provided by a ratified employment agreement. This chapter is in addition to the benefits provided by existing statutes and ordinances, orders, regulations, or similar measures.

SUBCHAPTER B. RECOGNITION OF FIREFIGHTERS ASSOCIATION AND STRIKE

PROHIBITION

Sec. 174A.051. PETITION FOR RECOGNITION: ACTION BY GOVERNING BODY. Not later than the 30th day after the date the governing body of a political subdivision receives from a firefighters association a petition signed by the majority of all covered firefighters employed by the political subdivision that requests recognition of the association as the sole and exclusive bargaining agent for all covered firefighters employed by the political subdivision, the governing body shall determine by majority vote whether to grant both:

(1) recognition of the association as requested in the petition; and

(2) the public employer the authority to develop an employment agreement under this chapter.

Sec. 174A.052. CHANGE OR MODIFICATION OF RECOGNITION. (a) The firefighters may request to modify or change the recognition of the association previously granted by the governing body under Section 174A.051 by filing with the governing body of the political subdivision a petition signed by a majority of all covered firefighters.

(b) The governing body of the political subdivision shall determine by majority vote whether to recognize the change or modification as provided by the petition.

Sec. 174A.053. RECOGNITION OF FIREFIGHTERS ASSOCIATION. (a) A public employer in a political subdivision that chooses to develop an employment agreement under this chapter shall recognize an association that is recognized under Section 174A.051 or 174A.052 as the sole and exclusive bargaining agent for the covered firefighters employed by the political subdivision in accordance with this chapter and the petition.

(b) A public employer shall recognize a firefighters association until recognition of the association is withdrawn, in accordance with Section 174A.052, by a majority of the covered firefighters.

Sec. 174A.054. STRIKES PROHIBITED. (a) A firefighter employed by a political subdivision may not engage in a strike or organized work stoppage against the political subdivision.

(b) A firefighter who participates in a strike forfeits any civil service rights, reemployment rights, and other rights, benefits, or privileges the firefighter may have as a result of the firefighter's employment or prior employment with the political subdivision.

(c) This section does not affect the right of a person to cease work if the person is not acting in concert with others in an organized work stoppage.

SUBCHAPTER C. EMPLOYMENT AGREEMENT

Sec. 174A.101. GENERAL PROVISIONS RELATING TO AGREEMENTS. (a) A political subdivision acting under this chapter may not be denied local control over the wages, salaries, rates of pay, hours of work, other working conditions, or other terms and conditions of employment to the extent the public employer and the firefighters association recognized as the sole and exclusive bargaining agent under this chapter agree as provided by this chapter, if the agreement is ratified and not withdrawn in accordance with this chapter. Applicable statutes and applicable local ordinances, orders, or similar measures apply to an issue not governed by the employment agreement.

(b) An employment agreement under this chapter must be in writing.

(c) This chapter does not require a public employer or a recognized firefighters association to meet on any issue or reach an agreement.

(d) A public employer and a recognized firefighters association may meet only if the association does not advocate an illegal strike by public employees.

(e) While an employment agreement under this chapter between a public employer and a recognized firefighters association is in effect, the public employer may not accept a petition with regard to the firefighters of the political subdivision requesting an election to adopt collective bargaining under Chapter 174.

Sec. 174A.102. SELECTION OF BARGAINING AGENT; BARGAINING UNIT. (a) A public employer's chief executive officer or the chief executive officer's designee shall select one or more persons to represent the public employer as its sole and exclusive bargaining agent to bargain on issues related to the wages, salaries, rates of pay, hours of work, and other working conditions and other terms and conditions of employment of firefighters by the political subdivision.

(b) A firefighters association may designate one or more persons to bargain on the association's behalf.

(c) A political subdivision's bargaining unit is composed of all the covered firefighters employed by the political subdivision.

Sec. 174A.103. PROTECTED RIGHTS OF FIREFIGHTER. (a) For any disciplinary appeal, a member of the political subdivision's bargaining unit may be represented by the firefighters association or by any person the member selects.

(b) An employment agreement ratified under this chapter may not interfere with the right of a member of a bargaining unit to pursue:

(1) allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission; or

(2) affirmative action litigation.

Sec. 174A.104. OPEN RECORDS. (a) A proposed employment agreement and a document prepared and used by a political subdivision or public employer in connection with the proposed agreement are available to the public under Chapter 552, Government Code, only after the agreement is ready to be ratified by the governing body of the political subdivision.

(b) This section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used in connection with the agreement.

Sec. 174A.105. OPEN DELIBERATIONS. (a) A deliberation relating to bargaining between a public employer and a firefighters association, a deliberation relating to an agreement or proposed agreement under this chapter by a quorum of a firefighters association authorized to bargain, or a deliberation by a quorum of the sole and exclusive bargaining agent of the public employer authorized to bargain must be open to the public and comply with state law.

(b) Subsection (a) may not be construed to prohibit the representative of the public employer or the representatives of the firefighters association from conducting private caucuses that are not open to the public during bargaining.

Sec. 174A.106. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a) An agreement under this chapter is enforceable and binding on a public employer, a recognized firefighters association, and the covered firefighters only if:

(1) the governing body of the political subdivision ratifies the agreement by a majority vote; and

(2) the recognized firefighters association ratifies the agreement by conducting a secret ballot election at which only the firefighters employed by the political subdivision in the association are eligible to vote, and a majority of the votes cast at the election favor ratifying the agreement.

(b) An employment agreement ratified as described by Subsection (a) may establish a procedure by which the parties agree to resolve disputes related to a right, duty, or obligation provided by the agreement, including binding arbitration on a question involving interpretation of the agreement.

(c) A district court of a judicial district in which a political subdivision is located has jurisdiction to hear and resolve a dispute under the ratified employment agreement on the application of a party to the agreement aggrieved by an action or omission of the other party when the action or omission is related to a right, duty, or obligation provided by the agreement. The court may issue proper restraining orders, temporary and permanent injunctions, or any other writ, order, or process, including contempt orders, appropriate to enforcing the agreement.

Sec. 174A.107. ACTION TO TERMINATE AGREEMENT. The governing body of a political subdivision and a firefighters association may terminate an agreement before the agreement's date of expiration only if both parties agree in writing to terminate the agreement.

Sec. 174A.108. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. A written employment agreement ratified under this chapter preempts, during the term of the agreement and to the extent of any conflict, all contrary:

(1) local ordinances, orders, civil service provisions, rules adopted by the head of the fire department or political subdivision or by a division or agent of the political subdivision, such as a personnel board or a civil service commission, and similar measures; and

(2) state statutes, including Chapter 775, Health and Safety Code, executive orders, and rules adopted by a state agency.

Sec. 174A.109. TERMINATION OF CERTAIN PROVISIONS IN CONTRACT WITH EMERGENCY SERVICES DISTRICT. The governing body of an emergency services district may terminate an agreement made under this chapter if the emergency services district has a loss of total revenue of seven percent or more, compared to the previous district fiscal year, that is associated with:

(1) taxable territory being removed or excluded from the district when the loss in revenue cannot be offset by a property tax increase in the following district fiscal year; or

(2) the district losing the authority to levy a sales tax when the loss in revenue cannot be offset by a property tax increase in the following district fiscal year.

SECTION 2. This Act takes effect September 1, 2025.