# THEATTORNEYGENERAL OF-TEXAS AUSTIN. TZMAS 76711 

### JOaN L EIXL A-- o-A& August 23, 1974

The Honorable Jim Clark, Chairman House Committee on Labor House ofRepresentatives P. 0. Box 2910 Austin, Texas 78767 Dear Representative Clark: Opinion No. H- 379 Re: Qualifications of signers ofapetition under the Fire and Police Employee Relations Act, Article 5154c-1, Sec. 5(b), V. T.C.S. You have requested the opinion ofthis office onthe following question: Is aperson who is aqualified voter ofthe city, town or other political subdivision inwhich alocal option petition under Article 5154c-1 is circulated eligible to sign the petition, without regard towhether the per son voted in the last preceding general election in that political subdivision? Article 5154c-1, Sec. 5(b), V.

### T.C.S. (Acts 1973, 63rd Leg., ch. 81. p.151)reads in relevant part:

Upon receiving apetition signed bythe lesser offive percent or 20,000 ofthe gualified voters voting in the last preceding general election in such city, town, or political subdivision, the,gq.verning body of such **city,** town or political subdivision shall hold an election within 60days after said petition has been filed with such governing body. (Emphasis added) The underlined language is ambiguous in that it is subject to two possible interpretations: (1) that aqualified voter must have voted in the last preceding general election in order to be eligible to sign such petition; or (2) that the petition must be signed by a number ofqualified voters equal to the lesser of 20,000 or five percent ofthe number ofvotes cast in the past preceding general election.

p. 1777The Honorable Jim Clark, page 2 (H-379)

Where the language ofa statute is ambiguous, construction becomes necessary. Koy v. Schneider, 221S.W. 880 (Tex. 1920).

The fundamental rule controlling the construction ofa statute is to ascertain the intention ofthe Legislature expressed therein. That intention should be ascertained from the entire act, and not from isolated portions thereof. City ofMason v. West Texas Utilities Co., 237 S.W. 2d273. 278 (Tex. 1951). Thus, in order to determine the correct.interpretation ofSec. 5(b) of Article 5154c-1, the entire statute must be considered and discussed in light ofthe aims and purposes ofthe Legislature with respect to collective bargaining rights for firefighters and policemen in Texas. Section Z(b)(l) ofArticle 5154c-1 states: (1) It is also the policy ofthe State of Texas that firefighters and policemen, like employees in the private sector, should have the right to organize for purposes ofcollective bargaining, for collective bargaining is deemed tobe afair and practical method for determining wages and other conditions ofemployment for the employees who comprise the paid fire and police departments ofthe cities, towns, and other political subdivisions within this state. A denial to such employees ofthe right to organize and bargain collectively would lead to strife and unrest, with consequent injury to the health, safety and welfare ofthe public. The protection ofthe health, safety, and welfare ofthe public, however demands that strikes, lockouts, work stoppages and sl.owdowns offirefi.ghters and policemen be prohibited; therefore, it insthe obligation ofthe state tomake available reasonable alternatives to strikes by employees in these protective services.

p- 1778,

The Honorable Jim Clark, page,3 ~(H-379)

. . . (3) With the right to strike prohibited, it is requisite to the high morale offirefighters and policemen, and to the efficient operation ofthe departments which they serve, that alternative procedures be expeditious, effective, and binding. To that end, the provisions of this Act should be liberally construed. In construing the statute, .the court must look to the object tobe accomplished and place onit a reasonable or liberal construction which will best effect its purpose rather than one which will defeat it. 82C.J,S. 593, Statutes, Sec. 323. An act should be given apractical and reasonable rather than aliteral construction so as to accomplish as nearly as possible the intent ofthe Legislature. Brown &Root-v. Durland, 84S.W. 2d 1073 (Tex. 1935). Itis clear from the language ofArticle 5154c-1 that the Legislature intended to provide reasonable collective bargaining rights for policemen and firefighters on alocal option basis. It is also clear that the Legislature sought to prescribe the method bywhich such local option election could be called by providing for submission ofapetition to the local governing body. To interpret the language in question tomean that aperson signing such peti,tion must have actually voted in the last preceding general election would only serve tofnntmte the clear public policy established by the Legislature. One seeking to comply with the requirements set forth to call an election would be faced with anundue burden ofdetermining not only apotential signee’s present qualification to vote butwhether or not such person actually voted in the last preceding general electi.on. Such a result would lead to harsh consequences not intended by the Legi,slature. Furthermore, were we to construe the statute that persons who did not vote in the last gen,eral election were ineligible to sign apetition, serious constituti.onal questions would be presented. It is therefore our opinion that the lesser of five percent or 20,000 ofthe qualified voters voting in the last preceding general election

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p. 1779. .
The Honorable Jim Clark, page 4 (H-379)

states a formula for determining the requisite number ofqualified voters who must sign apetition calling a local option election under this statute. SUMMARY Section 5(b) ofArticle 5451c-1, V. T. C.S., The Fire and Police Employee Relations Act, requires that apetition for an election be signed by 5%of the number ofqualified voters who voted in the last preceding general election or 20.000. whichever is less, and not that those signing must have themselves voted in that previous election.Very truly yours,

APP’R$j ED:

.,P Attorney General ofTexas

DAVID M. KENDALL, Chairman Opinion Committee

p. 1780