Res 021-2025 Place Into Effect Ch 174 the Fire and Police Employee Relations Act 02/18/2025 Resolution No. 21-2025
Resolution placing into effect Chapter 174 of the Texas Local
Government Code, the Fire and Police Employee Relations Act,
effective April 1, 2025
WHEREAS, on June 28, 2024, the City of Wichita Falls (City) received a "Petition
to Adopt the Fire and Police Employee Relations Act for the Wichita Falls Fire
Department;" and,
WHEREAS, the City Clerk has verified that the Petition was in accordance with
the Texas Local Government Code, Chapter 174 that was signed by the number of
qualified voters of the City equal to at least 20,000 or five percent of the number of
qualified voters voting in the preceding general election for state and county officers as
provided for in Section 174.051(a) of the Texas Local Government Code; and,
WHEREAS, Section 174.051(b) of the Texas Local Government Code requires
that the City hold the election on the first authorized uniform election date prescribed by
Chapter 41 of the Election Code; and,
WHEREAS, Section 174.051(c) of the Texas Local Government Code provides
the required proposition wording for citizens to vote for or against the "Adoption of the
state law applicable to firefighters that establishes collective bargaining if a majority of the
affected employees favor representation by an employees association, preserves the
prohibition against strikes and lockouts, and provides penalties for strikes and lockouts;"
and,
WHEREAS, Texas Local Government Code §174.052, if a majority of the votes
cast in an election under Section 174.051 favor the adoption of this chapter, the governing
body shall place this chapter in effect not later than the 30th day after the beginning of the
first fiscal year of the political subdivision after the election; and,
WHEREAS, an election was held on November 5, 2024, and the citizens of Wichita
Falls voted to Adopt the Fire and Police Employee Relations Act; and
WHEREAS, Texas Local Government Code Chapter 174 permits the city to
recognize the firefighters association as the sole and exclusive bargaining agent for
covered firefighters for purposes of engaging in the collective bargaining process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Section 1. The recitals and findings outlined above are found to be true and
correct and are hereby incorporated herein as though set forth fully herein.
Section 2. The City Council, pursuant to Texas Local Government Code §174,
hereby places the Fire and Police Employee Relations Act into effect effective April 1 ,
2025, pursuant to 174.052 TLGC.
Section 4. The City Council, pursuant to Texas Local Government Code §174,
hereby grants recognition of the Wichita Falls Professional Firefighters, IAFF Local 432,
as the sole and exclusive bargaining agent for firefighters employed by the City of Wichita
Falls, excluding the Fire Chief under Texas Local Government Code §174.101 .
Section 5. Repeal. All resolutions or part of resolutions, if any, in conflict
herewith shall be and are hereby expressly repealed to the extent of such conflict only.
Section 6. Severability. If any provision, section, subsection, sentence, clause,
or the application of same to any person or set of circumstances for any reason is held to
be unconstitutional, void, or invalid, or for any reason unenforceable, the validity of the
remaining portions of this resolution or the application thereby shall remain in effect, it
being the intent of the City Council of the City of Wichita Falls, Texas in adoption this
resolution, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionally of any other portion or provision.
PASSED AND APPROVED this the 18th day of February 2025.
MAYOR
ATTEST:
City Clerk