HBA-JEK C.S.H.B. 2384 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2384
By: Carter
Urban Affairs
4/9/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In the past, residents of Fort Worth have voted against recognizing a
police or firefighter association as the exclusive bargaining agent of the
city's police officers and firefighters.  Recent growth in the city has
placed Fort Worth over the 460,000 person limit at which a municipality is
required to recognize a police officers or firefighters association as the
sole and exclusive bargaining agent of its police officers and firefighters
if a petition calling for that recognition is submitted.  C.S.H.B. 2384
provides that certain municipalities that have not recognized a
firefighters or police officers association before September 1, 2001, must
receive voter approval before recognizing an association and operating
under the provisions regarding firefighter and police officer employment
matters. 

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. 

ANALYSIS

C.S.H.B. 2384 amends the Local Government Code to provide that the
governing body of a municipality with a population of less than 560,000 and
of 460,000 or more that has not recognized a firefighters or police
officers association as the sole and exclusive bargaining agent before
September 1, 2001, must receive voter approval before operating under the
provisions related to firefighter and police officer employment matters.
The bill sets forth provisions regarding a petition for election, the
timing of the election, and the ballot for such an election.  The bill only
applies to a municipality that operates under a city manager form of
government and has not adopted the Fire and Police Employee Relations Act. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2384 differs from the original bill by applying only to a
municipality with a population of less than 560,000.  While the original
bill provided that a petition must be signed by a number of qualified
voters of the municipality equal to at least 5 percent of the votes cast in
the municipality for the most recent gubernatorial election, the substitute
provides that the petition must be signed by at least 10 percent of
qualified voters who voted in the most recent municipal election for mayor.
The substitute also provides that an election regarding the question of
whether to adopt the provisions related to firefighter and police officer
employment matters must be held on the first authorized uniform election
date that occurs after the petition is filed that allows sufficient time to
comply with other requirements of law.