International Ass'n of Firefighters, Local Union No. 2390 v. City of Kingsville

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-l § 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 June 7,1975, the City of Kings-*393ville, Texas, held an election pursuant to the provisions of Article 5154c-l, hereafter the “Act”, and the Texas Election Code. At this election, a…