By: Collier H.B. No. 2672
A BILL TO BE ENTITLED
AN ACT
relating to the relationship between public employers and fire and
police employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 174.002(a) and (d), Local Government
Code, are amended to read as follows:
(a) The policy of this state is that a political subdivision
shall provide its fire fighters and police officers with
compensation and other conditions of employment that are
substantially equal to [the same as] compensation and
other
conditions of employment that prevail [prevailing] in comparable
fire and police departments [private sector employment].
(d) Because of the essential and emergency nature of the
public service performed by fire fighters and police officers, a
reasonable alternative to strikes is a system of arbitration
conducted under adequate legislative standards. [Another
reasonable alternative, if the parties fail to agree to arbitrate,
is judicial enforcement of the requirements of this chapter
regarding compensation and conditions of employment applicable to
fire fighters and police officers.]
SECTION 2. Section 174.021, Local Government Code, is
amended to read as follows:
Sec. 174.021. COMPENSATION [PREVAILING WAGE] AND WORKING
CONDITIONS REQUIRED. A political subdivision that employs fire
fighters, police officers, or both, shall provide those employees
with compensation and other conditions of employment that are[:
[(1)] substantially equal to compensation and other
conditions of employment that prevail in comparable fire or police
departments, as applicable [employment in the private sector; and
[(2) based on prevailing private sector compensation
and conditions of employment in the labor market area in other jobs
that require the same or similar skills, ability, and training and
may be performed under the same or similar conditions].
SECTION 3. The heading to Section 174.153, Local Government
Code, is amended to read as follows:
Sec. 174.153. BINDING INTEREST [REQUEST FOR] ARBITRATION
REQUIRED [; AGREEMENT TO ARBITRATE].
SECTION 4. Section 174.153, Local Government Code, is
amended by amending Subsections (a) and (b), by adding Subsection
(b-1), and renumbering Subsection (d) to read as follows:
(a) A public employer and [or] an association that is a
bargaining agent shall submit to binding interest [may request the
appointment of an] arbitration [board] if[:
[(1)] the parties:
(1) [(A)] reach an impasse in collective bargaining;
or
(2) [(B)] are unable to settle after the 61st day
after the date the appropriate lawmaking body fails to approve a
contract reached through collective bargaining[;
[(2) the parties made every reasonable effort,
including mediation, to settle the dispute through good-faith
collective bargaining; and
[(3) the public employer or association gives written
notice to the other party, specifying the issue in dispute].
(b) Each party shall send to the other party a written
notice specifying each issue in dispute for purposes of binding [A
request for] arbitration [must be made] not later than the fifth day
after:
(1) the date an impasse was reached under Section
174.152; [or]
(2) the expiration of an extension period under
Section 174.152; or
(3) the expiration of the period described by
Subsection (a)(2).
(b-1) A notice under Subsection (b) is considered sent on
the date the notice is placed in the mail or personally delivered to
the person authorized to accept service on behalf of the respective
party.
(c)[(d)] A party may not request arbitration more than once
in a fiscal year.
SECTION 5. Sections 174.154(a) and (b), Local Government
Code, are amended to read as follows:
(a) Not later than the fifth day after the date a party sends
the notice required under Section 174.153, the public employer
shall immediately request a list of seven qualified neutral
arbitrators from the American Arbitration Association or the
Federal Mediation and Conciliation Service, or their successors in
function. The bargaining agent and the municipality, or their
designees, may agree on one of the seven neutral arbitrators on the
list. If they do not agree within five working days after the date
they received the list, each party or the party's designee shall
alternate striking a name from the list and the name remaining is
the arbitrator. [an agreement to arbitrate is executed, each party
shall:
(1) select one arbitrator; and
(2) immediately notify the other party in writing of
the name and address of the arbitrator selected.
(b) Not later than the 10th day after the date an agreement
to arbitrate is executed, the arbitrators named under Subsection
(a) shall attempt to select a third (neutral) arbitrator. If the
arbitrators are unable to agree on a third arbitrator, either party
may request the American Arbitration Association to select the
third arbitrator, and the American Arbitration Association may
appoint the third arbitrator according to its fair and regular
procedures. Unless both parties consent, the third arbitrator may
not be the same individual who served as a mediator under Section
174.151.]
SECTION 6. Sections 174.153(c), 174.163, and 174.252, Local
Government Code, are repealed.
SECTION 7. This Act takes effect September 1, 2017.