<br />
<br />~ 142.066
<br />
<br />LOCAL GOVERNMENT CODE
<br />
<br />I
<br />
<br />percent of the votes cast at the most recent general
<br />election held in the municipality may be presented to
<br />the person charged with ordering an election under
<br />Section 3.004, Election Code.
<br />
<br />(b) If a petition is presented under Subsection (a),
<br />the governing body of the municipality shall:
<br />
<br />(1) repeal the meet and confer agreement; or '
<br />(2) certify that it is not repealing the agreement
<br />and call an election to determine whether to repeal
<br />the agreement.
<br />(c) An election called under Subsection (b)(2) may
<br />be held as part of the next regularly scheduled gener-
<br />al election for the municipality. The ballot shall be
<br />printed to provide for voting for or against the prop07
<br />sition: "Repeal the meet and confer agreement rati-
<br />fied on (date agreement was ratified) by
<br />the (name of the governing body of the
<br />municipality) and the police officers employed by the
<br />City of (name of municipality) concerning
<br />wages, salaries, rates of pay, hours of work, and other
<br />terms of employment."
<br />
<br />(d) I~ a majority of the votes .cast at the election
<br />favor the repeal of the agreement, the agreement is
<br />void.
<br />
<br />Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
<br />,2005.
<br />
<br />~ 142.067. Agreement Supersedes Conflicting Pro-
<br />visions
<br />
<br />A written meet and confer agreement ratified under
<br />this subchapter preempts, during the term of the
<br />agreement and to the extent of any conflict, all con-
<br />trary state statutes, local ordinances, executive orders,
<br />civil service provisions, or rules adopted by the head
<br />0' the law enforcement agency or municipality or by a
<br />division or agent of the municipality, such as a person-
<br />nel board or a civil service commission.
<br />
<br />Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
<br />2005.
<br />
<br />~ 142.068. Effect on Existing Benefits and Righ~
<br />
<br />(a) This subchapter may not be construed as re-
<br />pealing any existing benefit provided by statute or
<br />ordinance "concerning police officers' compensation,
<br />pensions, retirement plans, hours of work, conditions
<br />of employment, or other emoluments, except as ex-
<br />pressly provided in a ratified meet and confer agree-
<br />ment. This subchapter is in addition to the benefits
<br />provided by existing statutes and ordinances.
<br />
<br />(b) This subchapter may not be construed to inter-
<br />fere with a police officer's constitutionally protected
<br />rights of freedom of speech, freedom of association,
<br />and freedom to endorse or dissent from any agree-
<br />ment.
<br />
<br />Added by Acts 2005, 79th Leg., ch. 1193, ~ 2, eff. Sept. 1,
<br />2005.
<br />
<br />ani
<br />pIc
<br />
<br />Addel
<br />2005.
<br />
<br />~ 14:
<br />
<br />SUBCHAPTERC. LOCAL CONTROL OF FIRE-
<br />FIGHTER EMPLOYMENT MA'ITERS IN
<br />CERTAIN MUNICIPALITIES
<br />
<br />(a)
<br />gove:
<br />firefi
<br />ity 0
<br />depa
<br />empl
<br />ques'
<br />exclt
<br />ploYl
<br />fire (
<br />exen
<br />
<br />Acts 2005, 79th Leg." ch. 262, * 2
<br />added this 'subchapter.
<br />
<br />~ 142.101. Applicability
<br />
<br />(a) Except as provided by Subsection (b), this siIb-'
<br />chapter applies only to a municipality: ' , .
<br />
<br />(1) with a population of 50,000 or more; or
<br />(2) that has adopted Chapter 143.
<br />(b) This subchapter does not apply to'a municipality
<br />that:
<br />
<br />qu
<br />vo
<br />an
<br />inj
<br />un
<br />
<br />(1) has adopted Chapter 174;
<br />
<br />(2) is covered by Subchapter H, I, or J, Chapter
<br />143; or
<br />
<br />(3) has a population of one million or more and
<br />has not adopted Chapter 143.
<br />
<br />Added by Acts 2005, 79th Leg., ch. 262, ~ 2, eff. Sept. 1,
<br />2005.
<br />
<br />an
<br />it~
<br />lic
<br />ch
<br />
<br />~ 142.102. Def"mitions
<br />
<br />In this subchapter:
<br />
<br />(1) "Firefighter" means a person who is defined
<br />as fire protection personnel under Section 419.021,
<br />Government Code, and who is employed by a mu-
<br />nicipality.
<br />
<br />(2) "Firefighters associatfon" means an employee
<br />organization in which firefighters employed by a
<br />municipality participate that exists for the purpose,
<br />in whole or in part, of dealing with the municipality
<br />or public employer concerning grievances, labor dis-
<br />putes, wages, rates of pay, hours of work, or condi-
<br />tions ,of work affecting firefighters.
<br />
<br />(3) "Public employer" means a municipality or
<br />the fire department' of the municipality that is re-
<br />quired to establish the wages, salaries, rates of pay,
<br />hours of work, working conditions, and other terms
<br />
<br />14
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<br />
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<br />
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<br />i~
<br />
<br />256
<br />
<br />
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