reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.105. Election to Authorize Operating Under This Subchapter

Sec. 142.105.  ELECTION TO AUTHORIZE OPERATING UNDER THIS SUBCHAPTER.  (a)  The governing body of a municipality that receives a petition for recognition under Section 142.103 may order an election to determine whether a public employer may meet and confer under this subchapter.
(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 allow 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 association representing municipal 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 subchapter only if a majority of the votes cast at the election favor the proposition.
(f)  If an election authorized under this section is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 142.103 before the second anniversary of the date of the election.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.106. Change or Modification of Recognition

Sec. 142.106.  CHANGE OR MODIFICATION OF RECOGNITION.  (a)  The firefighters may modify or change the recognition of the association granted under this subchapter by filing with the governing body of the municipality a petition signed by a majority of all covered firefighters.
(b)  The governing body of the municipality may:
(1)  recognize the change or modification as provided by the petition; or
(2)  order a certification election in accordance with Section 142.104 regarding whether to do so.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.107. Strikes Prohibited

Sec. 142.107.  STRIKES PROHIBITED.  (a)  A firefighter employed by a municipality may not engage in a strike or organized work stoppage against this state or the municipality.
(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 person's employment or prior employment with the municipality.
(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.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.108. Recognition of Firefighters Association

Sec. 142.108.  RECOGNITION OF FIREFIGHTERS ASSOCIATION.  (a)  A public employer in a municipality that chooses to meet and confer under this subchapter shall recognize an association that is recognized under Section 142.103 or 142.104 as the sole and exclusive bargaining agent for the covered firefighters described in the petition for recognition, excluding the head of the fire department and excluding the employees exempt under Subsection (b), in accordance with this subchapter and the petition.
(b)  For the purposes of Subsection (a), exempt employees are the employees appointed by the head of the fire department of the municipality under Section 143.014 or that are exempt by the mutual agreement of the recognized firefighters association and the public employer.
(c)  The public employer shall recognize the firefighters association until recognition of the association is withdrawn, in accordance with Section 142.106, by a majority of the firefighters eligible to sign a petition for recognition.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.109. General Provisions Relating to Agreements

Sec. 142.109.  GENERAL PROVISIONS RELATING TO AGREEMENTS.  (a)  A municipality acting under this subchapter may not be denied local control over the wages, salaries, rates of pay, hours of work, 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 subchapter agree as provided by this subchapter, if the agreement is ratified and not withdrawn in accordance with this subchapter.  Applicable statutes and applicable local orders, ordinances, and civil service rules apply to an issue not governed by the meet and confer agreement.
(b)  A meet and confer agreement under this subchapter must be written.
(c)  This subchapter does not require a public employer or a recognized firefighters association to meet and confer on any issue or reach an agreement.
(d)  A public employer and the recognized firefighters association may meet and confer only if the association does not advocate an illegal strike by public employees.
(e)  While a meet and confer agreement under this subchapter between the public employer and the recognized firefighters association is in effect, the public employer may not accept a petition, with regard to the firefighters of the municipality requesting an election to adopt:
(1)  municipal civil service under Chapter 143; or
(2)  collective bargaining under Chapter 174.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.110. Selection of Bargaining Agent; Bargaining Unit

Sec. 142.110.  SELECTION OF BARGAINING AGENT; BARGAINING UNIT.  (a)  The 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 meet and confer on issues related to the wages, hours of employment, and other terms and conditions of employment of firefighters by the municipality.
(b)  A firefighters association may designate one or more persons to negotiate or bargain on the association's behalf.
(c)  A municipality's bargaining unit is composed of all the firefighters of the municipality who are not the head of the fire department or exempt under Section 142.108(b).
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.111. Protected Rights of Firefighter

Sec. 142.111.  PROTECTED RIGHTS OF FIREFIGHTER.  (a)  For any disciplinary appeal, a member of the municipality's bargaining unit may be represented by the firefighters association or by any person the member selects.
(b)  A meet and confer agreement ratified under this subchapter may not interfere with the right of a member of a bargaining unit to pursue 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 to pursue affirmative action litigation.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.112. Open Records

Sec. 142.112.  OPEN RECORDS.  (a)  A proposed meet and confer agreement and a document prepared and used by the municipality, including a 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 municipality.
(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.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.113. Open Deliberations

Sec. 142.113.  OPEN DELIBERATIONS.  (a)  A deliberation relating to meeting and conferring between a public employer and a firefighters association, a deliberation relating to an agreement or proposed agreement under this subchapter by a quorum of a firefighters association authorized to meet and confer, or a deliberation by a quorum of the sole and exclusive bargaining agent of the public employer authorized to meet and confer 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 meet and confer negotiations.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.114. Ratification and Enforceability of Agreement

Sec. 142.114.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.  (a)  An agreement under this subchapter is enforceable and binding on the public employer, the recognized firefighters association, and the firefighters covered by the meet and confer agreement only if:
(1)  the governing body of the municipality ratified the agreement by a majority vote; and
(2)  the recognized firefighters association ratified the agreement by conducting a secret ballot election at which only the firefighters of the municipality in the association were eligible to vote, and a majority of the votes cast at the election favored ratifying the agreement.
(b)  A meet and confer 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 state district court of a judicial district in which the municipality is located has jurisdiction to hear and resolve a dispute under the ratified meet and confer 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, that are appropriate to enforcing the agreement.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.115. Action or Election to Repeal Authorization to Operate Under This Subchapter

Sec. 142.115.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS SUBCHAPTER.  (a)  The governing body of a municipality that granted recognition of a firefighters association under Section 142.103 without conducting an election under Section 142.105 may withdraw recognition of the association by providing to the association not less than 90 days' written notice that:
(1)  the governing body is withdrawing recognition of the association; and
(2)  any agreement between the governing body and the association will not be renewed.
(b)  The governing body of a municipality that granted recognition of a firefighters association after conducting an election under Section 142.105 may order an election to determine whether a public employer may continue to meet and confer under this subchapter.  The governing body may not order an election under this subsection until the second anniversary of the date of the election under Section 142.105.
(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 municipality) to continue to operate under the state law allowing a municipality to meet and confer and make agreements with the association representing municipal 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 subchapter only if a majority of the votes cast at the election favor the proposition.
(g)  If an election ordered under Subsection (b) is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 142.103 before the second anniversary of the date of the election.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.116. Election to Repeal Agreement

Sec. 142.116.  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 recognized firefighters association, 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 it 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 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 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.117. Agreement Supersedes Conflicting Provisions

Sec. 142.117.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  A written meet and confer agreement ratified under this subchapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the head of the fire department or municipality or by a division or agent of the municipality, such as a personnel board or a civil service commission.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.118. Preemption of Other Law

Sec. 142.118.  PREEMPTION OF OTHER LAW.  (a)  This subchapter preempts all contrary local ordinances, executive orders, legislation, or rules adopted by a municipality.
(b)  Section 617.002, Government Code, does not apply to an agreement made or an action taken under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.119. Effect on Existing Benefits

Sec. 142.119.  EFFECT ON EXISTING BENEFITS.  This subchapter may not be construed as repealing any existing benefit provided by statute or ordinance concerning 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 subchapter is in addition to the benefits provided by existing statutes and ordinances.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.151. Applicability

Sec. 142.151.  APPLICABILITY.  This subchapter applies only to a municipality:
(1)  with a population of 460,000 or more that operates under a city manager form of government; and
(2)  that employs emergency medical services personnel in a municipal department other than the fire department.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.152. Definitions

Sec. 142.152.  DEFINITIONS.  In this subchapter:
(1)  "Association" means an organization in which emergency medical services personnel participate and that exists for the purpose, wholly or partly, of dealing with one or more public or private employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment affecting public employees.
(2)  "Emergency medical services personnel" has the meaning assigned by Section 773.003, Health and Safety Code.  The term applies only to an individual certified under Chapter 773, Health and Safety Code.
(3)  "Public employer" means a municipality or an agency, board, commission, or political subdivision controlled by a municipality that is required to establish the wages, salaries, rates of pay, hours of employment, working conditions, and other terms and conditions of employment of public employees.  The term, under appropriate circumstances, may include a mayor, manager, municipal administrator, municipal governing body, director of personnel, personnel board, or one or more other officials, regardless of the name by which an official is designated.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.153. General Provisions Relating to Agreements

Sec. 142.153.  GENERAL PROVISIONS RELATING TO AGREEMENTS.  (a)  A municipality may not be denied local control over wages, salaries, rates of pay, hours of employment, other terms and conditions of employment, or other personnel issues on which the public employer and an association that is recognized as the sole and exclusive bargaining agent under Section 142.155 for all emergency medical services personnel in the municipality agree.  The applicable statutes, local ordinances, and civil service rules govern a term or condition of employment on which the public employer and the association do not agree.
(b)  An agreement under this subchapter must be written.
(c)  This subchapter does not require the public employer and an association to meet and confer or reach an agreement on any issue.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.154. Strikes Prohibited

Sec. 142.154.  STRIKES PROHIBITED.  (a)  A public employer and an association recognized as the sole and exclusive bargaining agent under Section 142.155 may meet and confer only if the association does not advocate the illegal right to strike by public employees.
(b)  Emergency medical services personnel of a municipality may not engage in a strike or organized work stoppage against this state or a political subdivision of this state.
(c)  Emergency medical services personnel who participate in a strike forfeit all civil service rights, reemployment rights, and other rights, benefits, or privileges enjoyed as a result of employment or previous employment with the municipality.
(d)  This section does not affect the right of a person to cease employment if the person is not acting in concert with other emergency medical services personnel.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.155. Recognition of Emergency Medical Services Personnel Association

Sec. 142.155.  RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL ASSOCIATION.  (a)  The governing body of a municipality may recognize an association that submits a petition signed by a majority of the emergency medical services personnel in the municipality, excluding the head of the emergency medical services department and any person who is exempt under Subsection (b), as the sole and exclusive bargaining agent for all of the covered emergency medical services personnel until recognition of the association is withdrawn by a majority of the covered emergency medical services personnel.
(b)  For purposes of Subsection (a), exempt employees are assistant department heads in the rank or classification immediately below that of the department head and any other employees who are designated as exempt or whose job titles are designated as exempt by the mutual agreement of the recognized association and the public employer.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 15.003, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.156. Election

Sec. 142.156.  ELECTION.  (a)  Whether an association represents a majority of the covered emergency medical services personnel shall be resolved by a fair election, conducted according to procedures agreed on by the parties, at which only a person eligible to sign a petition under Section 142.155 may vote.
(b)  If the parties are unable to agree on election procedures under Subsection (a), a party may request the American Arbitration Association to conduct the election and to certify the results.  Certification of the results of an election under this subsection resolves the question concerning representation.
(c)  The association shall pay the costs of an election under this section, except that if two or more associations seeking recognition as the bargaining agent submit petitions signed by a majority of the covered emergency medical services personnel, the associations shall share equally the costs of the election.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.1565. Election to Authorize Operating Under This Subchapter

Sec. 142.1565.  ELECTION TO AUTHORIZE OPERATING UNDER THIS SUBCHAPTER.  (a)  If the governing body of a municipality does not recognize an association that submits a petition under Section 142.155 and that has been determined by the governing body or under Section 142.156 to represent a majority of the covered emergency medical services personnel, the governing body shall order an election to determine whether a public employer may meet and confer under this subchapter.
(b)  An election ordered under this section 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.
(c)  The ballot for an election ordered under this section shall be printed to allow 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 association representing municipal emergency medical services personnel 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 ordered under this section must be held and the returns prepared and canvassed in conformity with the Election Code.
(e)  If an election under this section is held, the municipality may operate under the other provisions of this subchapter only if a majority of the votes cast at the election favor the proposition.
(f)  If an election under this section is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 142.155 before the second anniversary of the date of the election.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.157. Selection of Bargaining Agents

Sec. 142.157.  SELECTION OF BARGAINING AGENTS.  The public employer's manager or chief executive, as appropriate, and the head of the emergency medical services department shall designate a group of persons to represent the public employer as its sole and exclusive bargaining agent.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.158. Open Records Required

Sec. 142.158.  OPEN RECORDS REQUIRED.  (a)  A proposed agreement and any document prepared and used by the municipality in connection with a proposed agreement are available to the public under the public information law, Chapter 552, Government Code, only after the agreement is ratified by the municipality's governing body.
(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. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.159. Ratification and Enforceability of Agreement

Sec. 142.159.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.  (a)   An agreement made under this subchapter between a public employer and an association is binding on the public employer, the association, and the emergency medical services personnel covered by the agreement if:
(1)  the municipality's governing body ratifies the agreement by a majority vote; and
(2)  the association recognized under Section 142.155 ratifies the agreement by a majority vote of its members voting in an election by secret ballot at which only members of the association who are eligible to sign a petition under Section 142.155 may vote.
(b)  An 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 interpretation of the agreement.
(c)  The state district court of the judicial district in which the municipality is located has jurisdiction to hear and resolve a dispute under the ratified agreement on the application of a party to the agreement aggrieved by an act or omission of the other party.  The court may issue proper restraining orders, temporary and permanent injunctions, or any other writ, order, or process, including a contempt order, that is appropriate to enforce the agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.160. Agreement Supersedes Conflicting Provisions

Sec. 142.160.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  (a)  An agreement under this subchapter supersedes a previous statute concerning wages, salaries, rates of pay, hours of employment, or other terms and conditions of employment to the extent of any conflict with the statute.
(b)  An agreement under this subchapter preempts any contrary executive order, local ordinance, or rule adopted by this state or a political subdivision or agent of this state, including a personnel board, a civil service commission, or a municipality.
(c)  An agreement under this subchapter may not diminish or qualify any right, benefit, or privilege of an employee under this chapter or other law unless approved by a majority vote by secret ballot of the members of the association recognized under Section 142.155 at which only members of the association who are eligible to sign a petition under Section 142.155 may vote.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.1605. Action or Election to Repeal Authorization to Operate Under This Subchapter

Sec. 142.1605.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS SUBCHAPTER.  (a)  The governing body of a municipality that granted recognition of an association under Section 142.155 without conducting an election under Section 142.1565 may withdraw recognition of the association by providing to the association not less than 90 days' written notice that:
(1)  the governing body is withdrawing recognition of the association; and
(2)  any agreement between the governing body and the association will not be renewed.
(b)  The governing body of a municipality that granted recognition of an association after conducting an election under Section 142.1565 may order an election to determine whether a public employer may continue to meet and confer under this subchapter.  The governing body may not order an election under this subsection until the second anniversary of the date of the election under Section 142.1565.
(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 association representing municipal emergency medical services personnel 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 subchapter only if a majority of the votes cast at the election favor the proposition.
(g)  If an election ordered under Subsection (b) is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 142.155 before the second anniversary of the date of the election.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.161. Repeal of Agreement by Electorate

Sec. 142.161.  REPEAL OF AGREEMENT BY ELECTORATE.  (a)  Not later than the 45th day after the date an agreement is ratified by both the municipality and the association, a petition signed by at least 10 percent of the qualified voters of the municipality may be presented to the municipal secretary calling for an election to repeal the agreement.
(b)  On receipt by the municipal secretary of a petition described by Subsection (a), the governing body of the municipality shall reconsider the agreement and either repeal the agreement or call an election of the qualified voters of the municipality to determine if the voters favor repealing the agreement.  The election shall be called for the next election held in the municipality that allows sufficient time to comply with applicable provisions of law or at a special election called by the governing body for that purpose.
(c)  If at the election a majority of the votes cast favor repeal of the adoption of the agreement, the agreement is void.
(d)  The ballot for an election under this section shall be printed to permit voting for or against the proposition:  "Repeal of the adoption of the agreement ratified by the municipality and the emergency medical services personnel association concerning wages, salaries, rates of pay, hours of employment, and other terms and conditions of employment."
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.162. Protected Rights of Individual Employees

Sec. 142.162.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.  (a)  For the purpose of any disciplinary appeal, a member of the association may choose to be represented by any person of the member's choice or by the association.
(b)  An agreement may not interfere with the right of a member of the association to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the civil rights division of the Texas Workforce Commission or the federal Equal Employment Opportunity Commission or to pursue affirmative action litigation.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter D. Local Control of Emergency Medical Services Personnel Employment Matters in Certain Municipalities › Section 142.163. Binding Interest Arbitration

Sec. 142.163.  BINDING INTEREST ARBITRATION.  (a)  A municipality may be required to submit to binding interest arbitration only if approved by a majority of those voting in a public referendum conducted in accordance with the municipality's charter.
(b)  Subsection (a) does not affect any disciplinary arbitration or arbitration provision in a ratified agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 187 (S.B. 1104), Sec. 1, eff. May 23, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.001. Purpose

Sec. 143.001.  PURPOSE.  (a)  The purpose of this chapter is to secure efficient fire and police departments composed of capable personnel who are free from political influence and who have permanent employment tenure as public servants.
(b)  The members of the Fire Fighters' and Police Officers' Civil Service Commission shall administer this chapter in accordance with this purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.002. Municipalities Covered by Chapter

Sec. 143.002.  MUNICIPALITIES COVERED BY CHAPTER.  (a)  This chapter applies only to a municipality:
(1)  that:
(A)  has a population of 10,000 or more;
(B)  has a paid fire department or police department; and
(C)  has voted to adopt this chapter or the law codified by this chapter; or
(2)  whose election to adopt this chapter and whose acts subsequent to that election were validated by the law enacted by House Bill 822, Acts of the 73rd Legislature, Regular Session, 1993.
(b)  Population under Subsection (a)(1) is determined by the most recent:
(1)  federal decennial census; or
(2)  annual population estimate provided by the state demographer under Chapter 468, Government Code, if that estimate is more recent than the most recent federal decennial census.
(c)  If this chapter applies to a municipality as provided by Subsection (a), the application of this chapter to the municipality is not affected if the municipality's population changes and the municipality no longer meets the population requirement of Subsection (a)(1).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 576, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 212 (H.B. 1913), Sec. 1, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch. 1163 (H.B. 3409), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.003. Definitions

Sec. 143.003.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Fire Fighters' and Police Officers' Civil Service Commission.
(2)  "Department head" means the chief or head of a fire or police department or that person's equivalent, regardless of the name or title used.
(3)  "Director" means the director of fire fighters' and police officers' civil service.
(4)  "Fire fighter" means a member of a fire department who was appointed in substantial compliance with this chapter or who is entitled to civil service status under Section 143.005 or 143.084.  The term:
(A)  applies only to an employee of a fire department whose position requires substantial knowledge of fire fighting and who has met the requirements for certification by the Texas Commission on Fire Protection under Chapter 419, Government Code, including an employee who performs:
(i)  fire suppression;
(ii)  fire prevention;
(iii)  fire training;
(iv)  fire safety education;
(v)  fire maintenance;
(vi)  fire communications;
(vii)  fire medical emergency technology;
(viii)  fire photography;
(ix)  fire administration; or
(x)  fire arson investigation; and
(B)  does not apply to a secretary, clerk, budget analyst, custodial engineer, or other administrative employee.
(5)  "Police officer" means a member of a police department or other peace officer who was appointed in substantial compliance with this chapter or who is entitled to civil service status under Section 143.005, 143.084, or 143.103.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 498, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 738 (H.B. 2640), Sec. 1, eff. September 1, 2005.