Texas 2017 - 85th Regular

Texas House Bill HB2672 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Collier H.B. No. 2672
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the relationship between public employers and fire and
7	7	police employees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 174.002(a) and (d), Local Government
10	10	Code, are amended to read as follows:
11	11	(a) The policy of this state is that a political subdivision
12	12	shall provide its fire fighters and police officers with
13	13	compensation and other conditions of employment that are
14	14	substantially equal to [the same as] compensation and
15	15	other
16	16	conditions of employment that prevail [prevailing] in comparable
17	17	fire and police departments [private sector employment].
18	18	(d) Because of the essential and emergency nature of the
19	19	public service performed by fire fighters and police officers, a
20	20	reasonable alternative to strikes is a system of arbitration
21	21	conducted under adequate legislative standards. [Another
22	22	reasonable alternative, if the parties fail to agree to arbitrate,
23	23	is judicial enforcement of the requirements of this chapter
24	24	regarding compensation and conditions of employment applicable to
25	25	fire fighters and police officers.]
26	26	SECTION 2. Section 174.021, Local Government Code, is
27	27	amended to read as follows:
28	28	Sec. 174.021. COMPENSATION [PREVAILING WAGE] AND WORKING
29	29	CONDITIONS REQUIRED. A political subdivision that employs fire
30	30	fighters, police officers, or both, shall provide those employees
31	31	with compensation and other conditions of employment that are[:
32	32	[(1)] substantially equal to compensation and other
33	33	conditions of employment that prevail in comparable fire or police
34	34	departments, as applicable [employment in the private sector; and
35	35	[(2) based on prevailing private sector compensation
36	36	and conditions of employment in the labor market area in other jobs
37	37	that require the same or similar skills, ability, and training and
38	38	may be performed under the same or similar conditions].
39	39	SECTION 3. The heading to Section 174.153, Local Government
40	40	Code, is amended to read as follows:
41	41	Sec. 174.153. BINDING INTEREST [REQUEST FOR] ARBITRATION
42	42	REQUIRED [; AGREEMENT TO ARBITRATE].
43	43	SECTION 4. Section 174.153, Local Government Code, is
44	44	amended by amending Subsections (a) and (b), by adding Subsection
45	45	(b-1), and renumbering Subsection (d) to read as follows:
46	46	(a) A public employer and [or] an association that is a
47	47	bargaining agent shall submit to binding interest [may request the
48	48	appointment of an] arbitration [board] if[:
49	49	[(1)] the parties:
50	50	(1) [(A)] reach an impasse in collective bargaining;
51	51	or
52	52	(2) [(B)] are unable to settle after the 61st day
53	53	after the date the appropriate lawmaking body fails to approve a
54	54	contract reached through collective bargaining[;
55	55	[(2) the parties made every reasonable effort,
56	56	including mediation, to settle the dispute through good-faith
57	57	collective bargaining; and
58	58	[(3) the public employer or association gives written
59	59	notice to the other party, specifying the issue in dispute].
60	60	(b) Each party shall send to the other party a written
61	61	notice specifying each issue in dispute for purposes of binding [A
62	62	request for] arbitration [must be made] not later than the fifth day
63	63	after:
64	64	(1) the date an impasse was reached under Section
65	65	174.152; [or]
66	66	(2) the expiration of an extension period under
67	67	Section 174.152; or
68	68	(3) the expiration of the period described by
69	69	Subsection (a)(2).
70	70	(b-1) A notice under Subsection (b) is considered sent on
71	71	the date the notice is placed in the mail or personally delivered to
72	72	the person authorized to accept service on behalf of the respective
73	73	party.
74	74	(c)[(d)] A party may not request arbitration more than once
75	75	in a fiscal year.
76	76	SECTION 5. Sections 174.154(a) and (b), Local Government
77	77	Code, are amended to read as follows:
78	78	(a) Not later than the fifth day after the date a party sends
79	79	the notice required under Section 174.153, the public employer
80	80	shall immediately request a list of seven qualified neutral
81	81	arbitrators from the American Arbitration Association or the
82	82	Federal Mediation and Conciliation Service, or their successors in
83	83	function. The bargaining agent and the municipality, or their
84	84	designees, may agree on one of the seven neutral arbitrators on the
85	85	list. If they do not agree within five working days after the date
86	86	they received the list, each party or the party's designee shall
87	87	alternate striking a name from the list and the name remaining is
88	88	the arbitrator. [an agreement to arbitrate is executed, each party
89	89	shall:
90	90	(1) select one arbitrator; and
91	91	(2) immediately notify the other party in writing of
92	92	the name and address of the arbitrator selected.
93	93	(b) Not later than the 10th day after the date an agreement
94	94	to arbitrate is executed, the arbitrators named under Subsection
95	95	(a) shall attempt to select a third (neutral) arbitrator. If the
96	96	arbitrators are unable to agree on a third arbitrator, either party
97	97	may request the American Arbitration Association to select the
98	98	third arbitrator, and the American Arbitration Association may
99	99	appoint the third arbitrator according to its fair and regular
100	100	procedures. Unless both parties consent, the third arbitrator may
101	101	not be the same individual who served as a mediator under Section
102	102	174.151.]
103	103	SECTION 6. Sections 174.153(c), 174.163, and 174.252, Local
104	104	Government Code, are repealed.
105	105	SECTION 7. This Act takes effect September 1, 2017.