Relating to conditions of employment for firefighters employed by certain political subdivisions.

89(R) HB 3977 - Engrossed version - Bill Text

By: Rosenthal, Bumgarner, Little, Simmons,

H.B. No. 3977

Ward Johnson

A BILL TO BE ENTITLED

AN ACT

relating to conditions of employment for firefighters employed by

certain political subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Local Government Code, is

amended by adding Chapter 174A to read as follows:

CHAPTER 174A. LOCAL CONTROL OF FIREFIGHTER EMPLOYMENT MATTERS IN

CERTAIN POLITICAL SUBDIVISIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec.

174A.001.

APPLICABILITY. This chapter does not apply

to:

(1)

a political subdivision that has adopted

Subchapter A, Chapter 158, by order or Chapter 174 by election; or

(2)

a fire department that provides services

exclusively to a municipality.

Sec. 174A.002. DEFINITIONS. In this chapter:

(1)

"Covered firefighter" means a firefighter who is

employed by a political subdivision and who is not:

(A) the head of the fire department; or

(B)

exempt from an employment agreement by the

mutual agreement of the recognized firefighters association and the

public employer.

(2)

"Employment agreement" means an agreement

developed by a public employer and a firefighters association that

governs the conditions of employment of the public employer's

firefighters, such as grievances, labor disputes, wages, salaries,

rates of pay, hours of work, or other working conditions.

(3)

"Firefighter" means a paid employee of a fire

department who performs one or more of the duties described by

Section 143.003(4)(A).

(4)

"Firefighters association" means an employee

organization in which firefighters employed by a political

subdivision participate that exists for the purpose, wholly or

partly, of dealing with the political subdivision or public

employer concerning grievances, labor disputes, wages, salaries,

rates of pay, hours of work, or other working conditions affecting

firefighters.

(5)

"Public employer" means a political subdivision or

the fire department of the political subdivision that is required

to establish the wages, salaries, rates of pay, hours of work, other

working conditions, and other terms and conditions of employment of

firefighters employed by the political subdivision.

Sec.

174A.003.

EFFECT OF OTHER LAW. (a) This chapter

preempts all contrary:

(1)

ordinances, orders, regulations, and similar

measures adopted by a political subdivision; and

(2) rules adopted by a state agency.

(b)

Section 617.002, Government Code, does not apply to an

agreement made or an action taken under this chapter.

Sec.

174A.004.

EFFECT ON EXISTING BENEFITS. This chapter

may not be construed as repealing any existing benefit provided by

state statute or ordinance, order, regulation, or similar measure

concerning firefighters' compensation, pensions, retirement plans,

hours of work, conditions of employment, or other emoluments,

except as expressly provided by a ratified employment agreement.

This chapter is in addition to the benefits provided by existing

statutes and ordinances, orders, regulations, or similar measures.

SUBCHAPTER B. RECOGNITION OF FIREFIGHTERS ASSOCIATION AND STRIKE

PROHIBITION

Sec.

174A.051.

PETITION FOR RECOGNITION: ACTION BY

GOVERNING BODY. Not later than the 30th day after the date the

governing body of a political subdivision receives from a

firefighters association a petition signed by the majority of all

covered firefighters employed by the political subdivision that

requests recognition of the association as the sole and exclusive

bargaining agent for all covered firefighters employed by the

political subdivision, the governing body shall determine by

majority vote whether to grant both:

(1)

recognition of the association as requested in the

petition; and

(2)

the public employer the authority to develop an

employment agreement under this chapter.

Sec.

174A.052.

CHANGE OR MODIFICATION OF RECOGNITION. (a)

The firefighters may request to modify or change the recognition of

the association previously granted by the governing body under

Section 174A.051 by filing with the governing body of the political

subdivision a petition signed by a majority of all covered

firefighters.

(b)

The governing body of the political subdivision shall

determine by majority vote whether to recognize the change or

modification as provided by the petition.

Sec.

174A.053.

RECOGNITION OF FIREFIGHTERS ASSOCIATION.

(a) A public employer in a political subdivision that chooses to

develop an employment agreement under this chapter shall recognize

an association that is recognized under Section 174A.051 or

174A.052 as the sole and exclusive bargaining agent for the covered

firefighters employed by the political subdivision in accordance

with this chapter and the petition.

(b)

A public employer shall recognize a firefighters

association until recognition of the association is withdrawn, in

accordance with Section 174A.052, by a majority of the covered

firefighters.

Sec.

174A.054.

STRIKES PROHIBITED. (a) A firefighter

employed by a political subdivision may not engage in a strike or

organized work stoppage against the political subdivision.

(b)

A firefighter who participates in a strike forfeits any

civil service rights, reemployment rights, and other rights,

benefits, or privileges the firefighter may have as a result of the

firefighter's employment or prior employment with the political

subdivision.

(c)

This section does not affect the right of a person to

cease work if the person is not acting in concert with others in an

organized work stoppage.

SUBCHAPTER C. EMPLOYMENT AGREEMENT

Sec.

174A.101.

GENERAL PROVISIONS RELATING TO AGREEMENTS.

(a) A political subdivision acting under this chapter may not be

denied local control over the wages, salaries, rates of pay, hours

of work, other working conditions, or other terms and conditions of

employment to the extent the public employer and the firefighters

association recognized as the sole and exclusive bargaining agent

under this chapter agree as provided by this chapter, if the

agreement is ratified and not withdrawn in accordance with this

chapter. Applicable statutes and applicable local ordinances,

orders, or similar measures apply to an issue not governed by the

employment agreement.

(b)

An employment agreement under this chapter must be in

writing.

(c)

This chapter does not require a public employer or a

recognized firefighters association to meet on any issue or reach

an agreement.

(d)

A public employer and a recognized firefighters

association may meet only if the association does not advocate an

illegal strike by public employees.

(e)

While an employment agreement under this chapter

between a public employer and a recognized firefighters association

is in effect, the public employer may not accept a petition with

regard to the firefighters of the political subdivision requesting

an election to adopt collective bargaining under Chapter 174.

Sec.

174A.102.

SELECTION OF BARGAINING AGENT; BARGAINING

UNIT. (a) A public employer's chief executive officer or the chief

executive officer's designee shall select one or more persons to

represent the public employer as its sole and exclusive bargaining

agent to bargain on issues related to the wages, salaries, rates of

pay, hours of work, and other working conditions and other terms and

conditions of employment of firefighters by the political

subdivision.

(b)

A firefighters association may designate one or more

persons to bargain on the association's behalf.

(c)

A political subdivision's bargaining unit is composed

of all the covered firefighters employed by the political

subdivision.

Sec.

174A.103.

PROTECTED RIGHTS OF FIREFIGHTER. (a) For

any disciplinary appeal, a member of the political subdivision's

bargaining unit may be represented by the firefighters association

or by any person the member selects.

(b)

An employment agreement ratified under this chapter may

not interfere with the right of a member of a bargaining unit to

pursue:

(1)

allegations of discrimination based on race,

creed, color, national origin, religion, age, sex, or disability

with the Texas Workforce Commission civil rights division or the

federal Equal Employment Opportunity Commission; or

(2) affirmative action litigation.

Sec.

174A.104.

OPEN RECORDS. (a) A proposed employment

agreement and a document prepared and used by a political

subdivision or public employer in connection with the proposed

agreement are available to the public under Chapter 552, Government

Code, only after the agreement is ready to be ratified by the

governing body of the political subdivision.

(b)

This section does not affect the application of

Subchapter C, Chapter 552, Government Code, to a document prepared

and used in connection with the agreement.

Sec.

174A.105.

OPEN DELIBERATIONS. (a) A deliberation

relating to bargaining between a public employer and a firefighters

association, a deliberation relating to an agreement or proposed

agreement under this chapter by a quorum of a firefighters

association authorized to bargain, or a deliberation by a quorum of

the sole and exclusive bargaining agent of the public employer

authorized to bargain must be open to the public and comply with

state law.

(b)

Subsection (a) may not be construed to prohibit the

representative of the public employer or the representatives of the

firefighters association from conducting private caucuses that are

not open to the public during bargaining.

Sec.

174A.106.

RATIFICATION AND ENFORCEABILITY OF

AGREEMENT. (a) An agreement under this chapter is enforceable and

binding on a public employer, a recognized firefighters

association, and the covered firefighters only if:

(1)

the governing body of the political subdivision

ratifies the agreement by a majority vote; and

(2)

the recognized firefighters association ratifies

the agreement by conducting a secret ballot election at which only

the firefighters employed by the political subdivision in the

association are eligible to vote, and a majority of the votes cast

at the election favor ratifying the agreement.

(b)

An employment agreement ratified as described by

Subsection (a) may establish a procedure by which the parties agree

to resolve disputes related to a right, duty, or obligation

provided by the agreement, including binding arbitration on a

question involving interpretation of the agreement.

(c)

A district court of a judicial district in which a

political subdivision is located has jurisdiction to hear and

resolve a dispute under the ratified employment agreement on the

application of a party to the agreement 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 the agreement. The court

may issue proper restraining orders, temporary and permanent

injunctions, or any other writ, order, or process, including

contempt orders, appropriate to enforcing the agreement.

Sec.

174A.107.

ACTION TO TERMINATE AGREEMENT. The

governing body of a political subdivision and a firefighters

association may terminate an agreement before the agreement's date

of expiration only if both parties agree in writing to terminate the

agreement.

Sec.

174A.108.

AGREEMENT SUPERSEDES CONFLICTING

PROVISIONS. A written employment agreement ratified under this

chapter preempts, during the term of the agreement and to the extent

of any conflict, all contrary:

(1)

local ordinances, orders, civil service

provisions, rules adopted by the head of the fire department or

political subdivision or by a division or agent of the political

subdivision, such as a personnel board or a civil service

commission, and similar measures; and

(2)

state statutes, including Chapter 775, Health and

Safety Code, executive orders, and rules adopted by a state agency.

Sec.

174A.109.

TERMINATION OF CERTAIN PROVISIONS IN

CONTRACT WITH EMERGENCY SERVICES DISTRICT. The governing body of

an emergency services district may terminate an agreement made

under this chapter if the emergency services district has a loss of

total revenue of seven percent or more, compared to the previous

district fiscal year, that is associated with:

(1)

taxable territory being removed or excluded from

the district when the loss in revenue cannot be offset by a property

tax increase in the following district fiscal year; or

(2)

the district losing the authority to levy a sales

tax when the loss in revenue cannot be offset by a property tax

increase in the following district fiscal year.

SECTION 2. This Act takes effect September 1, 2025.