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