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  H.B. No. 866
 
 
 
 
AN ACT
  relating to local control of firefighter and police officer
  employment matters in certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 5, Local Government Code, is
  amended by adding Chapter 147 to read as follows:
  CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER AND POLICE OFFICER
  EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION
  OF ONE MILLION OR MORE
         Sec. 147.001.  APPLICABILITY.  This chapter applies only to
  a municipality with a population of one million or more, but does
  not apply to a municipality that has adopted Chapter 143 or 174.
         Sec. 147.002.  DEFINITIONS.  In this chapter:
               (1)  "Firefighter" means a firefighter employed by the
  municipality who is covered by the municipality's fire pension plan
  and is classified by the municipality as exempt.  The term does not
  include a firefighter with a rank that is above that of battalion
  chief or section chief.
               (2)  "Firefighter employee group" means an
  organization:
                     (A)  in which firefighters of the municipality
  have participated and paid dues via automatic payroll deduction for
  at least one year; and
                     (B)  that exists for the purpose, in whole or in
  part, of dealing with the municipality concerning grievances, labor
  disputes, wages, rates of pay, hours of employment, or conditions
  of employment affecting firefighters.
               (3)  "Police officer" means a sworn police officer
  employed by the municipality who is covered by the municipality's
  police pension plan and is classified by the municipality as
  exempt.  The term does not include a police officer with a rank
  above that of captain, a civilian, or a municipal marshal.
               (4)  "Police officer employee group" means an
  organization:
                     (A)  in which at least three percent of the police
  officers of the municipality have participated and paid dues via
  automatic payroll deduction for at least one year; and
                     (B)  that exists for the purpose, in whole or in
  part, of dealing with the municipality concerning grievances, labor
  disputes, wages, rates of pay, hours of employment, or conditions
  of employment affecting police officers.
         Sec. 147.003.  MEET AND CONFER TEAM; NEGOTIATIONS.  (a)  A
  meet and confer team is created under this section and consists of
  the following members:
               (1)  members representing the firefighter employee
  groups in the municipality, provided each group may appoint only
  one firefighter of the municipality to serve as a member of the
  team; and
               (2)  members representing the police officer employee
  groups in the municipality, provided each group may appoint only
  one police officer of the municipality to serve as a member of the
  team.
         (b)  The meet and confer team represents all firefighters and
  police officers in the municipality and shall negotiate with the
  municipality in an effort to reach an agreement on concerns shared
  by the firefighters and police officers regarding terms of
  employment, including concerns relating to wages, benefits, and
  other working conditions but excluding concerns relating to
  pensions. Only the meet and confer team created under this section
  may represent the firefighters or police officers of the
  municipality in the capacity described by this subsection, except
  that the team may be accompanied by legal counsel.
         (c)  Concerns relating to affirmative action, employment
  discrimination, hiring, and promotions may be discussed by
  individual firefighter and police officer associations independent
  of the meet and confer team.
         (d)  Expenses associated with the meet and confer team must
  be divided pro rata among each firefighter employee group and
  police officer employee group based on the number of sworn fire or
  police department members represented by each group.
         (e)  A municipality may designate one or more persons to meet
  and confer on the municipality's behalf.
         Sec. 147.0031.  PETITION FOR RECOGNITION: ELECTION OR ACTION
  BY GOVERNING BODY. (a)  Not later than the 30th day after the date
  the governing body of a municipality receives from the meet and
  confer team a petition signed by a majority of all police officers
  and a majority of all firefighters, excluding the head of the police
  department, the head of the fire department, and other excluded
  employees as described by Section 147.0035(b), that requests
  recognition of the meet and confer team as the sole and exclusive
  bargaining agent for all the police officers and firefighters
  employed by the municipality, excluding the head of the police
  department, the head of the fire department, and other excluded
  employees as described by Section 147.0035(b), the governing body
  shall:
               (1)  grant recognition of the meet and confer team as
  requested in the petition and determine by majority vote that the
  municipality may meet and confer under this chapter without
  conducting an election by the voters in the municipality under
  Section 147.0033;
               (2)  defer granting recognition of the meet and confer
  team and order an election by the voters in the municipality under
  Section 147.0033 regarding whether the municipality may meet and
  confer under this chapter; or
               (3)  order a certification election under Section
  147.0032 to determine whether the employee groups in the meet and
  confer team represent a majority of the covered police officers and
  a majority of the covered firefighters.
         (b)  If the governing body of a municipality orders a
  certification election under Subsection (a)(3) and the employee
  groups that are part of the meet and confer team are certified to
  represent a majority of the covered police officers and a majority
  of the covered firefighters, the governing body shall, not later
  than the 30th day after the date that results of that election are
  certified:
               (1)  grant recognition of the meet and confer team as
  requested in the petition for recognition and determine by majority
  vote that the municipality may meet and confer under this chapter
  without conducting an election by the voters in the municipality
  under Section 147.0033; or
               (2)  defer granting recognition of the meet and confer
  team and order an election by the voters in the municipality under
  Section 147.0033 regarding whether a public employer may meet and
  confer under this chapter.
         Sec. 147.0032.  CERTIFICATION ELECTION. (a)  Except as
  provided by Subsection (b), a certification election ordered under
  Section 147.0031(a)(3) to determine whether the employee groups in
  the meet and confer team represent a majority of the covered police
  officers and a majority of the covered firefighters shall be
  conducted according to procedures agreeable to the parties.
         (b)  If the parties are unable to agree on procedures for the
  certification election, either party may request the American
  Arbitration Association to conduct the election and to certify the
  results of the election.
         (c)  Certification of the results of an election under this
  section resolves the question concerning representation.
         (d)  Each employee group in the meet and confer team is
  liable for the expenses of the certification election for the
  employees the group represents.
         Sec. 147.0033.  ELECTION TO AUTHORIZE OPERATING UNDER THIS
  CHAPTER. (a)  The governing body of a municipality that receives a
  petition for recognition under Section 147.0031 may order an
  election to determine whether a public employer may meet and confer
  under this chapter.
         (b)  An election ordered under this section must be held as
  part of the next regularly scheduled general election for municipal
  officials that is held after the date the governing body of the
  municipality orders the election and that allows sufficient time to
  prepare the ballot in compliance with other requirements of law.
         (c)  The ballot for an election ordered under this section
  shall be printed to permit voting for or against the proposition:
  "Authorizing __________ (name of the municipality) to operate under
  the state law allowing a municipality to meet and confer and make
  agreements with the meet and confer team representing municipal
  police officers and firefighters as provided by state law,
  preserving the prohibition against strikes and organized work
  stoppages, and providing penalties for strikes and organized work
  stoppages."
         (d)  An election called under this section must be held and
  the returns prepared and canvassed in conformity with the Election
  Code.
         (e)  If an election authorized under this section is held,
  the municipality may operate under the other provisions of this
  chapter only if a majority of the votes cast at the election favor
  the proposition.
         (f)  If an election authorized under this section is held, a
  meet and confer team may not submit a petition for recognition to
  the governing body of the municipality under Section 147.0031
  before the second anniversary of the date of the election.
         Sec. 147.0034.  WITHDRAWAL OF RECOGNITION. (a)  The police
  officers and firefighters may withdraw the recognition of the meet
  and confer team granted under this chapter by filing with the
  governing body of the municipality a petition signed by a majority
  of all covered police officers and a majority of all covered
  firefighters.
         (b)  The governing body of the municipality may:
               (1)  withdraw recognition as provided by the petition;
  or
               (2)  order a certification election in accordance with
  Section 147.0032 regarding whether to do so.
         Sec. 147.0035.  RECOGNITION OF MEET AND CONFER TEAM. (a)  A
  public employer in a municipality that chooses to meet and confer
  under this chapter shall recognize the meet and confer team that is
  recognized under Section 147.0031 or 147.0033 as the sole and
  exclusive bargaining agent for the police officers and
  firefighters, excluding the head of the police department, head of
  the fire department, and the employees exempt under Subsection (b),
  in accordance with this chapter and the petition.
         (b)  For the purposes of Subsection (a), exempt employees are
  employees appointed by the head of the police department or fire
  department in the classification immediately below that of
  department head or that are exempt by the mutual agreement of the
  meet and confer team and the municipality.
         (c)  The municipality shall recognize the meet and confer
  team until recognition of the meet and confer team is withdrawn in
  accordance with Section 147.0034 by a majority of the police
  officers and a majority of the firefighters who are eligible to sign
  a petition for recognition.
         Sec. 147.004.  GENERAL PROVISIONS RELATING TO AGREEMENTS,
  RECOGNITION, AND STRIKES.  (a) A municipality may not be denied
  local control over the wages, salaries, rates of pay, hours of work,
  and other terms of employment, or other state-mandated personnel
  issues, if the municipality and the meet and confer team recognized
  under Section 147.0031 or 147.0033 as the sole and exclusive
  bargaining agent for the covered police officers and firefighters
  come to a mutual agreement on any of the terms of employment.  If an
  agreement is not reached, the state laws, local ordinances, and
  civil service rules remain unaffected. All agreements shall be
  written. Nothing in this chapter requires either party to meet and
  confer on any issue or reach an agreement.
         (b)  A municipality may meet and confer only if the meet and
  confer team does not advocate the illegal right to strike by public
  employees.
         (c)  Firefighters and police officers of a municipality may
  not engage in strikes against this state or a political subdivision
  of this state. A firefighter or police officer who participates in
  a strike forfeits all civil service rights, reemployment rights,
  and any other rights, benefits, or privileges the firefighter or
  police officer enjoys as a result of employment or prior
  employment.
         (d)  In this section, "strike" means failing to report for
  duty in concerted action with others, wilfully being absent from an
  assigned position, stopping work, abstaining from the full,
  faithful, and proper performance of the duties of employment, or
  interfering with the operation of a municipality.  However, this
  section does not prohibit a firefighter or police officer from
  conferring with members of the municipal governing body about
  conditions, compensation, rights, privileges, or obligations of
  employment.
         Sec. 147.005.  PAYROLL DUES DEDUCTIONS.  The municipality
  may not prevent automatic payroll deductions for dues paid to a
  firefighter employee group or police officer employee group.
         Sec. 147.006.  RECORDS AND MEETINGS.  (a)  An agreement made
  under this chapter is public information for purposes of Chapter
  552, Government Code. The agreement and any document prepared and
  used by the municipality in connection with the agreement, except
  for materials created during a municipality's caucuses and notes
  that are otherwise privileged by law, are available to the public in
  accordance with Chapter 552, Government Code, only after the
  agreement is ratified by both parties.
         (b)  This section does not affect the application of
  Subchapter C, Chapter 552, Government Code, to a document prepared
  and used by the municipality in connection with the agreement.
         Sec. 147.007.  ENFORCEABILITY OF AGREEMENT.  (a)  A written
  agreement made under this chapter between a municipality and the
  meet and confer team is enforceable and binding on the
  municipality, the meet and confer team, firefighter employee
  groups, police officer employee groups, and the firefighters and
  police officers covered by the agreement if:
               (1)  the municipality's governing body ratified the
  agreement by a majority vote; and
               (2)  the agreement is ratified under Section 147.008.
         (b)  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 as required by this
  chapter.  The court may issue proper restraining orders, temporary
  and permanent injunctions, and any other writ, order, or process,
  including contempt orders, that are appropriate to enforcing any
  written agreement ratified as required by this chapter.
         Sec. 147.008.  ELECTION TO RATIFY AGREEMENT.  (a)  The meet
  and confer team shall call an election to ratify any agreement
  reached with the municipality if the agreement has been approved by
  five-sevenths of the members of the meet and confer team.
         (b)  All firefighters and police officers of the
  municipality are eligible to vote in the election.
         (c)  An agreement may be ratified under this section only if
  at least 65 percent of the votes cast in the election favor the
  ratification.
         (d)  A firefighter or police officer who is not a member of a
  firefighter employee group or a police officer employee group may
  be assessed a fee for any cost associated with casting the
  firefighter's or police officer's vote.
         (e)  The meet and confer team shall establish procedures for
  the election by unanimous consensus.
         Sec. 147.009.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO
  OPERATE UNDER THIS CHAPTER. (a)  The governing body of a
  municipality that granted recognition of a meet and confer team
  under Section 147.0031 without conducting an election under Section
  147.0033 may withdraw recognition of the meet and confer team by
  providing to the meet and confer team not less than 90 days' written
  notice that:
               (1)  the governing body is withdrawing recognition of
  the meet and confer team; and
               (2)  any agreement between the governing body and the
  meet and confer team will not be renewed.
         (b)  The governing body of a municipality that granted
  recognition of a meet and confer team after conducting an election
  under Section 147.0033 may order an election to determine whether a
  public employer may continue to meet and confer under this chapter.
  The governing body may not order an election under this subsection
  until the second anniversary of the date of the election under
  Section 147.0033.
         (c)  An election ordered under Subsection (b) must be held as
  part of the next regularly scheduled general election for municipal
  officers that occurs after the date the governing body of the
  municipality orders the election and that allows sufficient time to
  prepare the ballot in compliance with other requirements of law.
         (d)  The ballot for an election ordered under Subsection (b)
  shall be printed to allow voting for or against the proposition:
  "Authorizing __________ (name of the municipality) to continue to
  operate under the state law allowing a municipality to meet and
  confer and make agreements with the meet and confer team
  representing municipal police officers and firefighters as
  provided by state law, preserving the prohibition against strikes
  and organized work stoppages, and providing penalties for strikes
  and organized work stoppages."
         (e)  An election ordered under Subsection (b) must be held
  and the returns prepared and canvassed in conformity with the
  Election Code.
         (f)  If an election ordered under Subsection (b) is held, the
  municipality may continue to operate under this chapter only if a
  majority of the votes cast at the election favor the proposition.
         (g)  If an election ordered under Subsection (b) is held, a
  meet and confer team may not submit a petition for recognition to
  the governing body of the municipality under Section 147.0031
  before the second anniversary of the date of the election.
         Sec. 147.010.  ELECTION TO REPEAL AGREEMENT. (a)  Not later
  than the 60th day after the date a meet and confer agreement is
  ratified by the governing body of the municipality and the
  firefighters and police officers under Section 147.008, a petition
  calling for the repeal of the agreement signed by a number of
  registered voters residing in the municipality equal to at least 10
  percent of the votes cast at the most recent general election held
  in the municipality may be presented to the person charged with
  ordering an election under Section 3.004, Election Code.
         (b)  If a petition is presented under Subsection (a), the
  governing body of the municipality shall:
               (1)  repeal the meet and confer agreement; or
               (2)  certify that the governing body is not repealing
  the agreement and call an election to determine whether to repeal
  the agreement.
         (c)  An election called under Subsection (b)(2) may be held
  as part of the next regularly scheduled general election for the
  municipality. The ballot shall be printed to provide for voting for
  or against the proposition: "Repeal the meet and confer agreement
  ratified on __________ (date agreement was ratified) by the
  __________ (name of the governing body of the municipality) and the
  police officers and firefighters employed by the City of __________
  (name of municipality) concerning wages, salaries, rates of pay,
  hours of work, and other terms of employment."
         (d)  If a majority of the votes cast at the election favor the
  repeal of the agreement, the agreement is void.
         Sec. 147.011.  EFFECT ON EXISTING BENEFITS AND RIGHTS. (a)  
  This chapter may not be construed to repeal any existing benefit
  provided by statute or ordinance concerning police officers' or
  firefighters' compensation, pensions, retirement plans, hours of
  work, conditions of employment, or other emoluments except as
  expressly provided in a ratified meet and confer agreement. This
  chapter is in addition to the benefits provided by existing
  statutes and ordinances.
         (b)  This chapter may not be construed to interfere with the
  free speech right, guaranteed by the First Amendment to the United
  States Constitution, of an individual firefighter or a police
  officer to endorse or dissent from any agreement.
         SECTION 2.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 866 was passed by the House on May 11,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 866 on May 25, 2007, by the following vote:  Yeas 140, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 866 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 21, Nays
  9.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor