HBA- MPA S.B. 553 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 553 By: Gallegos Urban Affairs 4/20/1999 Engrossed BACKGROUND AND PURPOSE Current law does not provide fire fighters with a formalized process to facilitate change or improvements in working conditions. However, the associations that represent fire fighters in Texas have used a method with set procedures, which has been formally accepted by both city management and fire fighters. S.B. 553 grants fire fighters the right to meet and confer with a public employer over issues such as wages, hours, working conditions, and all other terms and conditions of employment. This bill prohibits strikes and work stoppages. S.B.553 also provides that a fire fighter who participates in a strike forfeits all civil service rights, reemployment rights and any rights, benefits, or privileges the fire fighter enjoys as a result of employment or prior employment, except that the right of an individual to cease work may not be abridged if the individual is not acting in concert with others in an organized work stoppage. This bill also limits an initial agreement to a term of two years and an existing agreement by one year. 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 Subtitle C, Title 5, Local Government Code, by adding Chapter 176, as follows: CHAPTER 176. LOCAL CONTROL OF FIRE FIGHTER EMPLOYMENT MATTERS Sec. 176.001. APPLICABILITY. Provides that this chapter does not apply to a political subdivision that has adopted Chapter 174 (Fire And Police Employee Relations), or to which Subchapter H (Local Control Of Fire Fighter Employment Matters In Municipalities With Population Of 1.5 Million Or More) or Subchapter I (Fire Fighter And Police Officer Employment Matters In Certain Municipalities) of Chapter 143 (Municipal Civil Service) applies. Sec. 176.002. DEFINITIONS. Defines "fire fighters association" and "public employer." Sec. 176.003. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES. (a) Prohibits a political subdivision from being denied local control over the specified terms of employment and personnel issues, to the extent the public employer and the fire fighters association (association) as recognized by this chapter come to a mutual agreement on any of the terms of employment. Provides that if an agreement is not reached, the local ordinances and civil service rules remain unaffected. Requires that all agreements be written. Provides that this chapter does not require either party to meet and confer on any issue or reach an agreement. (b) Authorizes a public employer to meet and confer only if the association recognized under this chapter does not advocate the illegal right to strike by public employees. (c) Prohibits the fire fighters of a political subdivision from engaging in strikes or organized work stoppages against this state or a political subdivision of this state. Provides that a fire fighter who participates in a strike forfeits all civil service rights, reemployment rights and other rights, benefits, or privileges awarded during employment or prior employment, except that the right of an individual to cease work may not be abridged if the individual is not acting in concert with others in an organized work stoppage. Sec. 176.004. RECOGNITION OF FIRE FIGHTERS ASSOCIATION. (a) Requires a public employer to grant to a fire fighters association submitting a petition signed by a majority of the fire fighters employed by the political subdivision, excluding the head of the fire department and assistant department heads in the rank or classification immediately below that of the department head, recognition as the sole and exclusive meet and confer agent until recognition of the association is withdrawn by a majority of those fire fighters. (b) Requires a fair election conducted according to procedures agreeable to the parties to resolve whether an association represents a majority of the covered fire fighters. Authorizes either party, if the parties are unable to agree on procedures to request the Federal Mediation and Conciliation Service to conduct the election and to certify the results. Provides that the results of an election resolve the question concerning representation. Provides that the association is liable for the expenses of the election, except that if two or more associations seek recognition under this chapter, the associations are required to equally share the costs of the election. Sec. 176.005. OPEN MEETINGS REQUIRED. Requires all deliberations relating to an agreement between an association and a public employer to be open to the public and held in compliance with applicable state statutes. Sec. 176.006. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a) Provides that a written agreement made under this chapter between a public employer and an association recognized under this chapter is enforceable and binding on the public employer, the recognized association, and the fire fighters covered by the agreement if the agreement is ratified by the political subdivision's governing board and the association as provided by this section. (b) Provides that a state district court of the judicial district in which a majority of the population of the political subdivision 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 a written agreement ratified under Subsection (a). Authorizes the court to issue proper writ, order, or process to enforce the written agreement ratified under Subsection (a). Sec. 176.007. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) Provides that a written agreement under this chapter supersedes, during the term of the agreement, a previous statute concerning the terms of employment and affirmative action programs to the extent of any conflict with the previous statute. (b) Provides that a written agreement under this chapter preempts all contrary local ordinances, executive orders, civil service provisions, or rules adopted by a political subdivision or a division or agent of a political subdivision. (c) Prohibits an agreement under this chapter from diminishing or qualifying a right, benefit, or privilege of an employee under a civil service statute or other state law unless approved by a majority of the votes received in the secret ballot election on the agreement by the members of the association recognized under this chapter. (d) Provides that a matter not covered by an agreement ratified under Section176.006 remains covered by any applicable agreement or applicable statute, civil service provision, or other state or local law. Sec. 176.008. TERM OF AGREEMENT; EXTENSIONS. (a) Prohibits an initial agreement under this chapter from exceeding a term of two years. (b) Authorizes a public employer and a fire fighters association recognized as the exclusive meet and confer agent to agree to extend an existing agreement for a term not to exceed one year. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.