GUM H.B. 3542 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3542
By: Hodge
Urban Affairs
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas fire fighters may change or improve their working
conditions by having the governing body of their political subdivision
adopt a method for dealing with the necessary changes or improvements to
their working conditions as provided by Chapter 174 (Fire and Police
Employee Relations), Local Government Code.  The associations that
represent Texas fire fighters have been using a different method with set
procedures that have been informally adopted by both city management and
fire fighters. 

H.B. 3542 sets forth conditions of employment for fire fighters to allow
them to set the manner by which to enter an agreement between the public
employer and the bargaining agent for fire fighters in the municipality,
and prohibits a fire fighter from engaging in a strike or any organized
work stoppage.  This bill applies to municipalities with a population of
one million or more, which have not adopted the methods in Chapters 143
(Municipal Civil Service) or 174, Local Government Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 141, Local Government Code, by adding Subchapter
C, as follows: 

SUBCHAPTER C.  FIRE FIGHTERS EMPLOYMENT
AGREEMENTS IN CERTAIN MUNICIPALITIES

Sec. 141.101.  APPLICABILITY.  Provides that this subchapter applies to a
municipality that has a population of one million or more and has not voted
to adopt Chapter 143 (Municipal Civil Service) or 174 (Fire and Police
Employee Relations). 

Sec. 141.102.  DEFINITIONS. Defines "association" and "public employer."

Sec. 141.103.  GENERAL PROVISIONS RELATING TO AGREEMENTS AND STRIKES. (a)
Provides that the terms of municipal employment for a municipality's fire
fighters may be determined by an agreement between a public employer and
the bargaining agent for fire fighters in the municipality.  Requires the
agreement to be in writing to be enforceable. 

(b)  Provides that a public employer and a bargaining agent are not
required to meet and confer on any issue nor reach an agreement. 

(c)  Authorizes a public employer to meet and confer if an association
recognized under this subchapter as the sole and exclusive bargaining agent
does not advocate the illegal right to strike by public employees. 

(d)  Prohibits a fire fighter of a municipality from engaging in a strike
or organized work stoppage against this state or a political subdivision of
this state.  Provides that a fire fighter who participates in a strike or
organized work stoppage forfeits all civil service  rights, reemployment
rights, and other rights, benefits, or privileges the fire fighter enjoys
as a result of employment or previous employment. 

Sec. 141.104.  RECOGNITION OF ASSOCIATION AS BARGAINING AGENT.  (a)
Requires an association submitting a petition signed by a majority of the
fire fighters employed by the municipality, excluding the head of the
department and assistant department head in the rank or classification
immediately below that of the department head, to be recognized by the
public employer as the sole and exclusive bargaining agent for the fire
fighters entitled to sign the petition until recognition of the association
is withdrawn by a majority of those fire fighters. 

(b)  Requires that an election be held according to procedures agreeable to
the parties to determine whether an association represents a majority of
the fire fighters entitled to sign the petition under Subsection (a).
Authorizes the parties to request the American Arbitration Association to
conduct the election and to certify the results if the parties are unable
to agree on procedures.  Provides that certification of the results of an
election resolves the question concerning representation.  Provides that
the association is liable for the expenses of the election. Requires the
associations, if two or more associations submit petitions for recognition
as the bargaining agent under this Act, to equally share the costs of the
election.  

Sec. 141.105.  OPEN RECORDS REQUIRED.  Provides that all documents relating
to an agreement between an association and a public employer are available
to the public in accordance with applicable state statutes. 

Sec. 141.106.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.  (a) Provides
that a written agreement made between a public employer and an association
and recognized under this subchapter is enforceable and binding on the
public employer, the recognized association, and the fire fighters entitled
to sign a petition under Section 141.104(a), if the agreement is ratified
by the municipality's governing body and the association.  Provides that
the agreement is ratified by the association by conducting a secret ballot
election in which only fire fighters of the municipality in the association
were eligible to vote, and in which a majority of the votes favored
ratifying the agreement. 

(b)  Provides that a state district court of the judicial district in which
a majority of the population of the municipality is located has full
authority and jurisdiction on the application of either party 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 any written agreement
ratified under Subsection (a).  Authorizes the court to issue any writ,
order, or process that is appropriate to enforcing the written agreement
ratified under Subsection (a). 

Sec. 141.107.  CONFLICTING PROVISIONS.  (a)  Provides that a written
agreement under this subchapter preempts contrary local ordinances,
executive orders, civil service provisions, or rules adopted by a
municipality or a political subdivision or agent of a municipality. 

(b)  Prohibits an agreement under this subchapter from diminishing or
qualifying a right, benefit, or privilege of an employee under a local
ordinance or other local law unless approved by a majority vote in a secret
ballot election ratified under Section 141.106. 

(c)  Prohibits an agreement from interfering with the right of a fire
fighter to pursue affirmative action litigation or allegations of
discrimination based on race, creed, color, national origin, religion, age,
sex, or disability with the Commission on Human Rights or the United States
Equal Employment Opportunity Commission. 

(d)  Provides that a matter not covered by an agreement ratified under
Section 141.106 remains covered by any applicable local law.  Provides that
this chapter is in addition to the benefits provided by existing statutes
and ordinances. 

 Sec. 141.108.  REPEAL.  (a)  Requires a municipality to repeal an
agreement under this subchapter or call an election of the registered
qualified voters in the municipality to vote on whether to repeal the
agreement if, not later than 45 days after the ratification of the
agreement the voters submit a petition to the municipal secretary signed by
a number of voters equal to 10 percent of the votes cast at the most recent
mayoral election in the municipality. 

(b)  Requires an election under this section to be held during the next
regularly scheduled municipal general election or at a special election
called by the governing body of the municipality.  Provides that the
agreement is repealed if a majority of votes in the election are in favor
of repeal. 

(c)  Requires the ballot at an election under this section to be printed to
provide for voting for or against the proposition.  Sets forth the language
of the proposition. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.