CHAPTER 147. LOCAL CONTROL OF FIREFIGHTER AND POLICE OFFICER EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES WITH POPULATION OF ONE MILLION OR MORE - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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 nonexempt. 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, on or before September 1, 2007, firefighters of

the municipality have participated and paid dues via automatic

payroll deduction; 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 nonexempt.

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, on or before September 1, 2007, at least three

percent of the police officers of the municipality have

participated and paid dues via automatic payroll deduction; 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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1293, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1415, Sec. 5, eff. September 1, 2009.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

835, Sec. 1, eff. September 1, 2007.