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.