Texas 2009 - 81st Regular

Texas Senate Bill SB1894 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R10247 SLB-F
2	2	By: Gallegos S.B. No. 1894
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to The Fire Fighter Labor Relations Act.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 5, Local Government Code, is
10	10	amended by adding Chapter 179 to read as follows:
11	11	CHAPTER 179. THE FIRE FIGHTER LABOR RELATIONS ACT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 179.001. SHORT TITLE. This chapter may be cited as The
14	14	Fire Fighter Labor Relations Act.
15	15	Sec. 179.002. POLICY. (a) The policy of this state is that
16	16	a political subdivision shall provide its fire fighters with wages
17	17	and working conditions that are substantially the same as wages and
18	18	working conditions prevailing in comparable private sector
19	19	employment.
20	20	(b) The policy of this state is that fire fighters, like
21	21	employees in the private sector, should have the right to organize
22	22	for collective bargaining, as collective bargaining is a fair and
23	23	practical method for determining wages and other working
24	24	conditions. Denying fire fighters the right to organize and
25	25	bargain collectively would lead to strife and unrest, consequently
26	26	injuring the health, safety, and welfare of the public.
27	27	(c) The health, safety, and welfare of the public demands
28	28	that strikes, lockouts, and work stoppages and slowdowns of fire
29	29	fighters be prohibited, and therefore it is the state's duty to make
30	30	available reasonable alternatives to strikes by fire fighters.
31	31	(d) Because of the essential and emergency nature of the
32	32	public service performed by fire fighters, a reasonable alternative
33	33	to strikes is a system of arbitration conducted under adequate
34	34	legislative standards.
35	35	(e) With the right to strike prohibited, to maintain the
36	36	high morale of fire fighters and the efficient operation of the
37	37	departments in which they serve, alternative procedures must be
38	38	expeditious, effective, and binding.
39	39	(f) The general purpose of this chapter is to provide for
40	40	the execution of the policies of the federal Labor Management
41	41	Relations Act, 1947 (29 U.S.C. Section 141 et seq.). Mandatory
42	42	subjects of bargaining under this chapter are the same as mandatory
43	43	subjects of bargaining under that act, and the duty to bargain,
44	44	including the duty to engage in midterm bargaining, is co-extensive
45	45	with that of private employers under that act.
46	46	Sec. 179.003. DEFINITIONS. In this chapter:
47	47	(1) "Association" means any type of organization,
48	48	including an agency or employee representation committee or plan,
49	49	in which fire fighters participate and that exists, wholly or
50	50	partly, to deal with one or more public or private employers
51	51	concerning grievances, labor disputes, or conditions of employment
52	52	affecting fire fighters.
53	53	(2) "Bargaining agent" means an association
54	54	recognized by the public employer as provided by Sections 179.101
55	55	and 179.102 as the sole and exclusive bargaining agent for the fire
56	56	fighters of a fire department.
57	57	(3) "Fire fighter" means an employee of a fire
58	58	department whose position requires substantial knowledge of fire
59	59	fighting and who has met the requirements for certification by the
60	60	Texas Commission on Fire Protection under Chapter 419, Government
61	61	Code. The term:
62	62	(A) includes an employee who performs:
63	63	(i) fire suppression;
64	64	(ii) fire prevention;
65	65	(iii) fire training;
66	66	(iv) fire safety education;
67	67	(v) fire maintenance;
68	68	(vi) fire communications;
69	69	(vii) fire medical emergency technology;
70	70	(viii) fire photography;
71	71	(ix) fire administration; or
72	72	(x) fire arson investigation; and
73	73	(B) does not include:
74	74	(i) the chief of the department;
75	75	(ii) a volunteer fire fighter;
76	76	(iii) a secretary;
77	77	(iv) a clerk;
78	78	(v) a budget analyst;
79	79	(vi) a custodial employee; or
80	80	(vii) a clerical employee.
81	81	(4) "Political subdivision" includes a municipality,
82	82	county, municipal utility district, emergency services district,
83	83	airport district, navigation district, water district, or any other
84	84	division of this state established by the legislature or by
85	85	interlocal agreement between two or more political subdivisions.
86	86	(5) "Public employer" includes a political
87	87	subdivision and any official or group of officials of a political
88	88	subdivision whose duty is to establish the compensation, hours, and
89	89	other conditions of employment of fire fighters, and may include
90	90	the mayor, city manager, town manager, town administrator,
91	91	municipal governing body, director of personnel, personnel board,
92	92	commissioners, or another official or combination of those persons.
93	93	(6) "State civil service provision" includes all
94	94	provisions in Title 5 applicable to fire fighters.
95	95	Sec. 179.004. LIBERAL CONSTRUCTION. This chapter shall be
96	96	liberally construed.
97	97	Sec. 179.005. PREEMPTION OF OTHER LAW. (a) Except as
98	98	provided by Section 179.006(a), this chapter preempts all contrary
99	99	statutes, legislation, ordinances, executive orders, or rules
100	100	adopted by the state, a political subdivision, or an agent of the
101	101	state or political subdivision.
102	102	(b) In a political subdivision that previously has adopted
103	103	Chapter 142 or 174 for its fire fighters, except as otherwise
104	104	specifically provided by this chapter, this chapter governs to the
105	105	extent of any conflict.
106	106	Sec. 179.006. EFFECT ON CIVIL SERVICE PROVISIONS. (a) A
107	107	state or local civil service provision prevails over a collective
108	108	bargaining agreement under this chapter unless the collective
109	109	bargaining contract specifically provides otherwise.
110	110	(b) Except as provided by Subsection (a), a state or local
111	111	civil service provision may not be repealed or modified by
112	112	arbitration or judicial action but may be interpreted or enforced
113	113	by an arbitrator or court.
114	114	(c) This chapter does not limit the authority of a municipal
115	115	fire chief under Chapter 143 except as modified by the parties
116	116	through collective bargaining.
117	117	Sec. 179.007. EFFECT ON EXISTING BENEFITS. This chapter
118	118	may not be construed as repealing any existing benefit provided by
119	119	statute or ordinance concerning fire fighters' compensation,
120	120	pensions, retirement plans, hours of work, conditions of
121	121	employment, or other emoluments. This chapter is in addition to the
122	122	benefits provided by existing statutes and ordinances.
123	123	Sec. 179.008. WAIVER OF IMMUNITY. This chapter is binding
124	124	and enforceable against the employing public employer, and
125	125	sovereign or governmental immunity from suit and liability is
126	126	waived only to the extent necessary to enforce this chapter against
127	127	that employer.
128	128	[Sections 179.009-179.020 reserved for expansion]
129	129	SUBCHAPTER B. CONDITIONS OF EMPLOYMENT AND RIGHT TO ORGANIZE
130	130	Sec. 179.021. PREVAILING WAGES AND WORKING CONDITIONS
131	131	REQUIRED. (a) A political subdivision that employs fire fighters
132	132	shall provide those fire fighters with no less than the prevailing
133	133	wages and working conditions. To meet this standard, the wages and
134	134	working conditions must meet or exceed each of the following
135	135	standards:
136	136	(1) be substantially equal to wages and working
137	137	conditions that prevail in comparable private sector employment, as
138	138	determined by other jobs in the labor market area that require the
139	139	same or similar skills, ability, and training and may be performed
140	140	under the same or similar conditions; and
141	141	(2) be substantially equal to wages and working
142	142	conditions in fire departments within the labor market area that
143	143	are located in political subdivisions of the same type and have
144	144	similar population, staffing, and demographics.
145	145	(b) The standard stated in Subsection (a)(2) does not apply
146	146	to a political subdivision that has previously adopted Chapter 174,
147	147	unless the political subdivision held a successful repeal election
148	148	under that chapter.
149	149	Sec. 179.022. CERTAIN PUBLIC EMPLOYERS CONSIDERED TO BE IN
150	150	COMPLIANCE. (a) A public employer that has reached an agreement
151	151	with a bargaining agent on wages and working conditions as provided
152	152	by this chapter is considered to be in compliance with the
153	153	requirements of Section 179.021 as to wages and working conditions
154	154	for the duration of the agreement.
155	155	(b) If an arbitration award is rendered as provided by
156	156	Subchapter D, the involved public employer is considered to be in
157	157	compliance with the requirements of Section 179.021 as to the wages
158	158	and working conditions provided by the award for the duration of the
159	159	collective bargaining period to which the award applies.
160	160	Sec. 179.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY.
161	161	All fire fighters employed by a political subdivision to which this
162	162	chapter applies are entitled to organize and bargain collectively
163	163	with their public employer regarding wages and other working
164	164	conditions.
165	165	[Sections 179.024-179.100 reserved for expansion]
166	166	SUBCHAPTER C. COLLECTIVE BARGAINING
167	167	Sec. 179.101. RECOGNITION OF BARGAINING AGENT FOR FIRE
168	168	FIGHTERS. A public employer shall recognize an association
169	169	selected by a majority of the fire fighters of the fire department
170	170	of a political subdivision as the sole and exclusive bargaining
171	171	agent for the fire fighters of that department unless a majority of
172	172	the fire fighters withdraw the recognition.
173	173	Sec. 179.102. QUESTION REGARDING REPRESENTATION. (a) A
174	174	question of whether an association is the majority representative
175	175	of the employees of a department under Section 179.101 shall be
176	176	resolved by a fair election conducted according to procedures
177	177	agreed on by the parties.
178	178	(b) If the parties are unable to agree on election
179	179	procedures under Subsection (a), either party may request the
180	180	American Arbitration Association to conduct the election and
181	181	certify the results. Certification of the results of an election
182	182	under this section shall resolve the question regarding
183	183	representation. The public employer shall pay the expenses of the
184	184	election, except that if two or more associations seek recognition
185	185	as the bargaining agent, the associations shall pay the costs of the
186	186	election equally.
187	187	Sec. 179.103. DUTY TO BARGAIN COLLECTIVELY IN GOOD FAITH.
188	188	(a) If the fire fighters of a political subdivision are represented
189	189	by a bargaining agent as provided by Section 179.101, the public
190	190	employer and the bargaining agent shall bargain collectively.
191	191	(b) For purposes of this section, the duty to bargain
192	192	collectively means a public employer and a bargaining agent shall:
193	193	(1) meet at reasonable times;
194	194	(2) confer in good faith regarding wages and other
195	195	working conditions or the negotiation of an agreement or a question
196	196	arising under an agreement; and
197	197	(3) execute a written contract incorporating any
198	198	agreement reached.
199	199	(c) This section does not require a public employer or a
200	200	bargaining agent to:
201	201	(1) agree to a proposal; or
202	202	(2) make a concession.
203	203	Sec. 179.104. DESIGNATION OF NEGOTIATION TEAM; FIRST
204	204	BARGAINING SESSION. (a) A public employer or a bargaining agent
205	205	may designate one or more persons to negotiate or bargain on its
206	206	behalf.
207	207	(b) A bargaining agent desiring to negotiate a collective
208	208	bargaining agreement with the public employer must provide to the
209	209	public employer a written request for bargaining. Not later than
210	210	the 30th day after the date the public employer receives the written
211	211	bargaining request, the parties shall designate negotiation teams
212	212	and notify the other members on their respective teams. Not later
213	213	than the 45th day after the date the public employer receives the
214	214	written bargaining request, the parties' designated negotiation
215	215	teams must conduct their first bargaining session.
216	216	Sec. 179.105. NOTICE TO PUBLIC EMPLOYER REGARDING CERTAIN
217	217	ISSUES. If a bargaining agent desires to bargain under this chapter
218	218	concerning wages or other matters that require an appropriation of
219	219	money by the governing body, the bargaining agent shall serve on the
220	220	public employer a written notice of its request for bargaining at
221	221	least 120 days before the date on which the public employer's
222	222	current fiscal operating budget ends.
223	223	Sec. 179.106. OPEN DELIBERATIONS. A collective bargaining
224	224	meeting between the bargaining representatives or teams of the
225	225	public employer and bargaining agent shall be open to the public and
226	226	comply with state law. However, collective bargaining meetings are
227	227	not otherwise subject to the requirements of Chapter 551,
228	228	Government Code, unless those participating in the meeting
229	229	constitute a quorum of a governmental body, as that term is defined
230	230	by Section 551.001, Government Code.
231	231	Sec. 179.107. EFFECT OF AGREEMENT. An agreement under this
232	232	chapter is binding and enforceable against a public employer and a
233	233	bargaining agent covered by the agreement.
234	234	[Sections 179.108-179.150 reserved for expansion]
235	235	SUBCHAPTER D. MEDIATION; ARBITRATION
236	236	Sec. 179.151. MEDIATION. (a) A public employer and a
237	237	bargaining agent may use mediation to assist the parties in
238	238	reaching an agreement.
239	239	(b) The parties may select a mediator by agreement or may
240	240	obtain the services of a mediator provided by an appropriate state
241	241	or federal agency.
242	242	(c) A mediator may:
243	243	(1) hold separate or joint conferences with the
244	244	bargaining representatives or teams, as the mediator considers
245	245	expedient, to settle issues voluntarily, amicably, and
246	246	expeditiously; and
247	247	(2) except as prohibited by Subsection (d), recommend
248	248	or suggest to the parties any proposal or procedure that in the
249	249	mediator's judgment might lead to settlement.
250	250	(d) A mediator may not:
251	251	(1) make a public recommendation on any negotiation
252	252	issue in connection with the mediator's service; or
253	253	(2) make a public statement or report that evaluates
254	254	the relative merits of the parties' positions.
255	255	(e) The failure of the parties to use a mediator during
256	256	negotiations does not affect the right of the parties to arbitrate a
257	257	collective bargaining impasse.
258	258	Sec. 179.152. TENTATIVE AGREEMENT; FURTHER NEGOTIATION.
259	259	(a) If the negotiation teams for the parties reach tentative
260	260	agreement on all issues in dispute, the resulting collective
261	261	bargaining agreement shall be reduced to writing not later than the
262	262	14th day after the date the final agreement is reached and presented
263	263	to the public employer's governing body and the association's
264	264	membership for approval.
265	265	(b) The public employer's governing body shall vote to
266	266	approve or not approve the tentative collective bargaining
267	267	agreement at the first regularly scheduled meeting that occurs
268	268	after the date the tentative agreement is reduced to writing.
269	269	(c) The association's membership shall take steps in
270	270	accordance with the association's practice and bylaws to approve or
271	271	not approve the tentative collective bargaining agreement not later
272	272	than the 21st day after the date the tentative agreement is reduced
273	273	to writing.
274	274	(d) If either the public employer or the association fails
275	275	to approve the tentative agreement, the negotiation teams shall
276	276	meet as soon as practicable to negotiate further to reach agreement
277	277	on a new collective bargaining agreement. Extended negotiations
278	278	under this subsection may not extend beyond the 30th day after the
279	279	date the tentative collective bargaining agreement was rejected by
280	280	the public employer or association. The period of extended
281	281	negotiations may not be extended by agreement.
282	282	Sec. 179.153. IMPASSE. (a) For purposes of this
283	283	subchapter, a collective bargaining impasse occurs if the parties
284	284	do not settle each issue in dispute by the later of:
285	285	(1) the 60th day after the date on which the first
286	286	collective bargaining session occurred; or
287	287	(2) the end of the extended negotiation period
288	288	authorized under Section 179.152(d).
289	289	(b) The period specified in Subsection (a)(1) may be
290	290	extended by written agreement of the parties. Each extension must
291	291	be for a definite period not to exceed 30 days.
292	292	Sec. 179.154. REQUEST FOR ARBITRATION; AGREEMENT TO
293	293	ARBITRATE. (a) A public employer or a bargaining agent may request
294	294	the appointment of an arbitration board if:
295	295	(1) the parties reach a collective bargaining impasse;
296	296	(2) the parties made every reasonable effort to settle
297	297	the dispute through good faith collective bargaining; and
298	298	(3) the public employer or bargaining agent gives
299	299	written notice to the other party, specifying the issue in dispute.
300	300	(b) A request for arbitration must be made not later than
301	301	the 10th day after the date a collective bargaining impasse is
302	302	reached.
303	303	(c) A party may not request arbitration more than once in a
304	304	fiscal year.
305	305	Sec. 179.155. ARBITRATION BOARD. (a) Not later than the
306	306	fifth day after the date a request to arbitrate is made, each party
307	307	shall:
308	308	(1) select one arbitrator to represent the party; and
309	309	(2) immediately notify the other party in writing of
310	310	the name and address of the arbitrator selected.
311	311	(b) Not later than the 10th day after the date a request to
312	312	arbitrate is made, the arbitrators selected by the parties shall
313	313	attempt to select a third, neutral arbitrator. If the party
314	314	arbitrators are unable to agree on a neutral arbitrator, the party
315	315	requesting arbitration may request a list of seven qualified
316	316	neutral arbitrators from the American Arbitration Association or
317	317	the Federal Mediation and Conciliation Service, or their successors
318	318	in function. The party arbitrators may agree on one of the seven
319	319	arbitrators on the list to serve as the neutral arbitrator. If the
320	320	party arbitrators do not agree within five working days after the
321	321	date they receive the list, the party arbitrators shall alternately
322	322	strike names from the list. The party that requested arbitration
323	323	must make the first strike. The name remaining on the list
324	324	following the parties' strikes shall serve as the neutral
325	325	arbitrator.
326	326	(c) The arbitrator selected under Subsection (b) shall
327	327	serve as the presiding arbitrator and shall preside over the
328	328	three-member arbitration board.
329	329	Sec. 179.156. ARBITRATION HEARING. (a) A presiding
330	330	arbitrator shall:
331	331	(1) after conferring with the party arbitrators, call
332	332	a hearing to be held not later than the 10th day after the date on
333	333	which the presiding arbitrator is appointed; and
334	334	(2) notify the other arbitrators, the public employer,
335	335	and the association in writing of the time and place of the hearing,
336	336	not later than the eighth day before the date of the hearing.
337	337	(b) An arbitration hearing shall end not later than the 20th
338	338	day after the date the hearing begins.
339	339	(c) An arbitration hearing shall be informal.
340	340	Sec. 179.157. SCOPE OF ARBITRATION. (a) Not later than the
341	341	first day of the arbitration hearing, the parties' representatives
342	342	shall meet to determine:
343	343	(1) the issues that were raised in collective
344	344	bargaining regarding which there is no dispute; and
345	345	(2) the issues that were raised in collective
346	346	bargaining that remain in dispute and require a decision by the
347	347	arbitration board.
348	348	(b) Agreed contract language regarding all issues
349	349	identified by the parties under Subsection (a)(1) as undisputed
350	350	must be included in the final collective bargaining agreement
351	351	without need for further action by the arbitration board.
352	352	(c) The issues to be decided by the arbitration board are
353	353	limited to those matters identified by the parties under Subsection
354	354	(a)(2) as disputed. Neither party may identify as a disputed item
355	355	for decision by the arbitration board an issue that was not raised
356	356	during collective bargaining negotiations.
357	357	(d) As to all disputed issues, the arbitration board shall
358	358	render an award establishing wages and working conditions in
359	359	accordance with the requirements of Section 179.021. In settling
360	360	disputes between the parties relating to what constitutes
361	361	prevailing wages and working conditions, the board shall consider:
362	362	(1) hazards of employment;
363	363	(2) physical qualifications;
364	364	(3) educational qualifications;
365	365	(4) mental qualifications;
366	366	(5) job training;
367	367	(6) skills; and
368	368	(7) other factors determined by the arbitration board
369	369	to be relevant to the standard prescribed by Section 179.021.
370	370	Sec. 179.158. EVIDENCE; OATH; SUBPOENA. (a) The rules of
371	371	evidence applicable to judicial proceedings are not binding in an
372	372	arbitration hearing.
373	373	(b) An arbitration board may:
374	374	(1) receive in evidence any documentary evidence or
375	375	other information the board considers relevant;
376	376	(2) administer oaths; and
377	377	(3) issue subpoenas to require:
378	378	(A) the attendance and testimony of witnesses;
379	379	and
380	380	(B) the production of books, records, and other
381	381	evidence relevant to an issue presented to the board for
382	382	determination.
383	383	Sec. 179.159. ARBITRATION AWARD. (a) Not later than the
384	384	10th day after the date the hearing ends, an arbitration board
385	385	shall:
386	386	(1) make written findings; and
387	387	(2) render a written award on the disputed issues
388	388	presented to the board for determination under Section
389	389	179.157(a)(2).
390	390	(b) A copy of the findings and award shall be mailed or
391	391	delivered to the public employer and the bargaining agent.
392	392	(c) An increase in compensation awarded by an arbitration
393	393	board under this subchapter may take effect only at the beginning of
394	394	the next fiscal year after the date of the award.
395	395	(d) If a new fiscal year begins after the initiation of
396	396	arbitration procedures under this subchapter but before an award is
397	397	rendered, Subsection (c) does not apply and an increase in
398	398	compensation may be made retroactive to the beginning of the fiscal
399	399	year.
400	400	Sec. 179.160. EFFECT OF AWARD. (a) A majority decision of
401	401	an arbitration board:
402	402	(1) is final and binding on the parties; and
403	403	(2) may be enforced by either party in a district court
404	404	for the judicial district in which a majority of the affected
405	405	employees reside, or in which the political subdivision is located.
406	406	(b) The collective bargaining agreement resulting from the
407	407	arbitration award will consist of:
408	408	(1) agreed contract language identified in accordance
409	409	with Section 179.157(a)(1); and
410	410	(2) contract language identified for inclusion in the
411	411	agreement by the arbitration award.
412	412	Sec. 179.161. AMENDMENT OF AWARD. The parties to an
413	413	arbitration award may amend the award by written agreement at any
414	414	time.
415	415	Sec. 179.162. BEGINNING OF NEW FISCAL YEAR. If a new fiscal
416	416	year begins after the initiation of arbitration procedures under
417	417	this subchapter but before an award is rendered or enforced:
418	418	(1) the dispute is not moot;
419	419	(2) the jurisdiction of the arbitration board is not
420	420	impaired; and
421	421	(3) the arbitration award is not impaired.
422	422	Sec. 179.163. EXTENSION OF PERIOD. A period specified by
423	423	Section 179.155, 179.156, or 179.159 may be extended:
424	424	(1) by the written agreement of the parties for a
425	425	reasonable period; or
426	426	(2) by the arbitration board for good cause for one or
427	427	more periods that in the aggregate do not exceed 30 days.
428	428	Sec. 179.164. COMPENSATION OF ARBITRATORS; EXPENSES OF
429	429	ARBITRATION. (a) The compensation, if any, of an arbitrator
430	430	selected by a public employer shall be paid by the public employer.
431	431	(b) The compensation, if any, of an arbitrator selected by
432	432	the bargaining agent shall be paid by the bargaining agent.
433	433	(c) The public employer and the bargaining agent shall each
434	434	pay 50 percent of:
435	435	(1) the compensation of the neutral arbitrator; and
436	436	(2) the stenographic and other expenses of the
437	437	arbitration board in connection with the arbitration proceedings.
438	438	(d) If a party to the arbitration hearing makes a
439	439	stenographic or other transcription of the arbitration proceedings
440	440	not requested by the arbitration board, the party shall pay the cost
441	441	of the transcript. A transcript described by this subsection may
442	442	not be considered the official record of the proceedings unless
443	443	agreed to by both parties.
444	444	[Sections 179.165-179.200 reserved for expansion]
445	445	SUBCHAPTER E. STRIKES; LOCKOUTS
446	446	Sec. 179.201. DEFINITION. In this subchapter, "strike"
447	447	means failing to report for duty in concerted action with others,
448	448	wilfully being absent from one's position, stopping work,
449	449	abstaining from the full, faithful, and proper performance of the
450	450	duties of employment, or interfering with the operation of a
451	451	municipality in any manner, to induce, influence, or coerce a
452	452	change in wages or other working conditions.
453	453	Sec. 179.202. STRIKES, SLOWDOWNS, AND LOCKOUTS PROHIBITED.
454	454	(a) A fire fighter may not engage in a strike or slowdown.
455	455	(b) A lockout of fire fighters by the public employer is
456	456	prohibited.
457	457	Sec. 179.203. LOCKOUT BY PUBLIC EMPLOYER; INJUNCTION;
458	458	PENALTY. If a public employer engages in a lockout of fire
459	459	fighters, a court shall:
460	460	(1) prohibit the lockout;
461	461	(2) impose a fine not to exceed $2,000 on any
462	462	individual violator; or
463	463	(3) both prohibit the lockout and impose the fine.
464	464	Sec. 179.204. STRIKE; PENALTY AGAINST ASSOCIATION. (a) A
465	465	district court for the judicial district in which a public employer
466	466	is located that finds a bargaining agent has called, ordered,
467	467	aided, or abetted a strike by fire fighters shall:
468	468	(1) impose a fine on the bargaining agent for each day
469	469	of the strike equal to 1/26 of the total of the bargaining agent's
470	470	annual membership dues, but not less than $2,500 nor more than
471	471	$20,000; and
472	472	(2) order the forfeiture of any membership dues
473	473	check-off for a specified period not to exceed 12 months.
474	474	(b) If the court finds that the public employer or its
475	475	representative engaged in acts of extreme provocation that detract
476	476	substantially from the bargaining agent's responsibility for the
477	477	strike, the court may reduce the amount of the fine.
478	478	(c) A bargaining agent that appeals a fine under this
479	479	section is not required to pay the fine until the appeal is finally
480	480	determined.
481	481	Sec. 179.205. STRIKE; PENALTY AGAINST INDIVIDUAL. If a
482	482	fire fighter engages in a strike, interferes with the political
483	483	subdivision, prevents the political subdivision from engaging in
484	484	its duty, directs any employee of the political subdivision to
485	485	decline to work or to stop or slow down work, causes another to fail
486	486	or refuse to deliver goods or services to the political
487	487	subdivision, pickets for any of those unlawful acts, or conspires
488	488	to perform any of those acts:
489	489	(1) the fire fighter's compensation in any form may not
490	490	increase in any manner until after the first anniversary of the date
491	491	the fire fighter resumes normal working duties; and
492	492	(2) the fire fighter shall be on probation for two
493	493	years regarding civil service status, tenure of employment, or
494	494	contract of employment to which the fire fighter was previously
495	495	entitled.
496	496	[Sections 179.206-179.250 reserved for expansion]
497	497	SUBCHAPTER F. JUDICIAL ENFORCEMENT AND REVIEW
498	498	Sec. 179.251. JUDICIAL ENFORCEMENT GENERALLY. A district
499	499	court for the judicial district in which a political subdivision is
500	500	located, on the application of a party aggrieved by an act or
501	501	omission of the other party that relates to the rights or duties
502	502	under this chapter, may issue a restraining order, temporary or
503	503	permanent injunction, contempt order, or other writ, order, or
504	504	process appropriate to enforce this chapter.
505	505	Sec. 179.252. JUDICIAL REVIEW OF ARBITRATION AWARD. (a) An
506	506	award of an arbitration board may be reviewed by a district court
507	507	for the judicial district in which the political subdivision is
508	508	located only on the grounds that:
509	509	(1) the arbitration board was without jurisdiction;
510	510	(2) the arbitration board exceeded its jurisdiction;
511	511	or
512	512	(3) the order was obtained by fraud, collusion, or
513	513	similar unlawful means.
514	514	(b) The pendency of a review proceeding does not
515	515	automatically stay enforcement of the arbitration board's order.
516	516	SECTION 2. This Act takes effect immediately if it receives
517	517	a vote of two-thirds of all the members elected to each house, as
518	518	provided by Section 39, Article III, Texas Constitution. If this
519	519	Act does not receive the vote necessary for immediate effect, this
520	520	Act takes effect on the 91st day after the last day of the
521	521	legislative session.