HBA-JEK, CMT C.S.H.B. 320 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 320
By: Tillery
Urban Affairs
5/2/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

While associations that represent firefighters in Texas use a method with
set procedures which has been accepted by both city management and
firefighters, current law does not provide firefighters in some
municipalities with a formal process to facilitate change or improvements
in working conditions.  C.S.H.B. 320 grants firefighters in certain
municipalities 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 and establish an agreement regarding such issues,
and prohibits strikes and work stoppages by firefighters in such
municipalities. 

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. 320 amends the Local Government Code to provide for local control
over firefighter employment matters. The bill does not apply to
municipalities that have adopted The Fire and Police Employee Relations
Act, have a population of 1.5 million or more, or have a population of
460,000 or more and operate under a city manager form of government.  

C.S.H.B. 320 specifies that a municipality may not be denied local control
over firefighter employment matters, including wages, salaries, rates of
pay, hours of employment, working conditions, diversity programs, and other
terms of employment or personnel issues to the extent that the public
employer and a recognized firefighters association  come to a mutual
agreement on any of the terms of employment.  The bill specifies that the
local ordinances and civil service rules remain unaffected if an agreement
is not reached.   

The bill authorizes the public employer to meet and confer only if the
recognized association does not advocate the illegal right to strike by
public employees.  Firefighters are prohibited from engaging in strikes or
organized work stoppages against this state or a municipality of this
state.  A firefighter who participates in a strike forfeits all civil
service rights, reemployment rights, and any other rights, benefits, or
privileges the firefighter enjoys as a result of employment or prior
employment.   

C.S.H.B. 320 requires a firefighters association that submits a petition to
meet and confer signed by a majority of the firefighters employed by a
municipality to be recognized as the sole and exclusive meet-andconfer
agent for all firefighters employed by the municipality until recognition
of the association is withdrawn by a majority of the firefighters.  The
bill requires the question of whether a recognized association represents a
majority of covered firefighters to be resolved by a fair election and sets
forth conditions for the election.  

The bill requires all deliberations between a firefighters association and
a public employer to be open to the public and held in compliance with any
applicable state statutes.   
 
The bill specifies that a written agreement between a public employer and a
recognized firefighters association is enforceable and binding on the
public employer, the recognized association, and the firefighters covered
by the agreement if the governing body of the municipality ratifies the
agreement by majority vote and the firefighters association ratifies the
agreement by a majority of votes in a secret ballot election.   

A state district court in which the municipality is located has full
authority and jurisdiction to enforce any ratified written agreement
between a public employer and a recognized firefighters association.  An
agreement made between a public employer and a recognized firefighters
association supersedes any previous statute concerning firefighter
employment matters and preempts all contrary local ordinances, executive
orders, or rules adopted by a municipality.  The agreement may not diminish
or qualify any right, benefit, or privilege of an employee under the
provisions for municipal civil service 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 recognized firefighters association. 

The bill requires a municipality upon receipt of a petition signed by a
number of registered voters equal to 10 percent of the votes cast in the
municipality's most recent mayoral general election to repeal the agreement
or to call an election to determine whether to repeal the agreement as part
of the next regularly scheduled municipal general election or at a special
election called by the governing body of the municipality.  The bill sets
forth the required ballot language. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 320 sets forth provisions for a municipality to call an election
for the repeal of an agreement that recognizes an association as the
representative of a majority of the covered firefighters.  The substitute
sets forth provisions regarding the calling of the election and the
required ballot language.  The substitute removes political subdivisions
from the definition of "public employer."