GUM C.S.H.B. 3542 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3542 By: Hodge Urban Affairs 4/30/1999 Committee Report (Substituted) 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. C.S.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. C.S.H.B. 3542 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 FIGHTER 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. TERM OF AGREEMENT; EXTENSIONS. Prohibits an initial agreement under this subchapter from exceeding a term of two years. Authorizes the parties of the agreement to agree to extend an existing agreement for a term not to exceed one year. Sec. 141.108. 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 state or local law. Sec. 141.109. 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. Amends Chapter 142, Local Government Code, by adding Section 142.0011, as follows: Sec. 142.0011. APPLICABILITY. Provides that a provision of this chapter (Assistance, Benefits, and Working Conditions of Municipal Officers and Employees) does not apply to fire fighters in a municipality if the municipality adopts an agreement under Subchapter C, Chapter 141. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies SECTION 1 by making a nonsubtantive change to the title of proposed Subchapter C, Chapter 141, Local Government Code. The substitute adds new Section 141.107 (Term of Agreement; Extensions), and renumbers the following sections accordingly. New Section 141.107 prohibits an initial agreement under that subchapter from exceeding a term of two years, and authorizes the parties of the agreement to agree to extend an existing agreement for a term not to exceed one year. The substitute modifies proposed Section 141.108 (Conflicting Provisions) to provide that the agreement in that section is an agreement ratified under Section 141.106 (Ratification and Enforceablility of Agreement), rather than Section 141.006 (Police Officers in Type A General-Law Municipality). The substitute also modifies Section 141.108 to provide that a matter not covered by an agreement ratified under Section 141.106 remains covered by any applicable local civil service provision, local ordinance, or other state or local law, rather than other local law. The substitute deletes text in proposed Section 141.108(d), providing that Chapter 141, Local Government Code, is in addition to the benefits provided by existing law. The substitute adds new SECTION 2 and redesignates SECTIONS 2 and 3 of the original to SECTIONS 3 and 4, respectively. New SECTION 2 amends Chapter 142 (Assistance, Benefits, and Working Conditions of Municipal Officers and Employees), Local Government Code, by adding Section 142.0011 (Applicability) to provide that a provision of this chapter does not apply to fire fighters in a municipality if the municipality adopts an agreement under Subchapter C, Chapter 141.