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INTERNATIONAL ASS'N ETC. v. CITY OF KINGSVILLE

No. 1249.

568 S.W.2d 391 (1978)

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 2390 and Alonzo Lopez, Jr., Charles Bishop, David Strubhart and Roberto Garcia, Individually and as Representative of a Class consisting of Fire Fighters employed by the City of Kingsville, Appellants, v. CITY OF KINGSVILLE, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied May 24, 1978.

Attorney(s) appearing for the Case

David L. Perry, Corpus Christi, for appellants.

Reynaldo S. Cantu, Jr., Nelson R. Sharpe, Glusing & Sharpe, Kingsville, for appellee.

Francis S. Ainsa, Jr., Ainsa & Ainsa, El Paso, R. Don Cheatham, City Atty., Amarillo, amici curiae, for appellee.

OPINION

YOUNG, Justice.

The primary issue to be determined in this appeal is whether Section 16 of The Fire and Police Employee Relations Act, Tex.Rev.Civ.Stat.Ann. art. 5154c-1 § 16 (Supp.1978)1 provides for an unconstitutional delegation of a legislative function to the judiciary. We hold the provision to be unconstitutional.

The cause was submitted on stipulated evidence which indicates the following events. On...

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