The city of Houston has alleged in a legal claim that the voter-approved charter amendment granting firefighters equal pay to police officers is unconstitutional and preempted by Texas’ local government code, echoing a similar contention from the Houston Police Officers’ Union.
The claim, filed in state district court as part of the police union’s lawsuit against the Houston Professional Fire Firefighters Association and the city, comes 10 days after a judge issued a temporary restraining order blocking implementation of Proposition B, which passed with 59 percent of the vote last month. A hearing on the matter is scheduled for Friday.
In its argument, the city contends that the pay parity amendment, which applies to firefighters and police officers of corresponding status, “directly conflicts with the collective bargaining process and guidelines for firefighter compensation” laid out in the Texas Local Government Code, meaning it is “expressly preempted” and “therefore invalid.”