The text as introduced · 1,755 words
By: Rosenthal
H.B. No. 3977
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 person who is defined as
fire protection personnel under Section 419.021, Government Code,
and who is employed by a political subdivision.
(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 modify or change the recognition of the
association granted under this chapter 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
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, executive orders, and rules
adopted by a state agency.
SECTION 2. This Act takes effect September 1, 2025.
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