Texas 2019 - 86th Regular

Texas Senate Bill SB797 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8040 MP-F
2	2	By: Alvarado S.B. No. 797
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to collective bargaining and conditions of employment for
8	8	fire fighters and police officers in certain political
9	9	subdivisions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 174.002(a) and (d), Local Government
12	12	Code, are amended to read as follows:
13	13	(a) The policy of this state is that a political subdivision
14	14	shall provide its fire fighters and police officers with
15	15	compensation and other conditions of employment that are
16	16	substantially equal to [the same as] compensation and other
17	17	conditions of employment that prevail [prevailing] in comparable
18	18	fire and police departments [private sector employment].
19	19	(d) Because of the essential and emergency nature of the
20	20	public service performed by fire fighters and police officers, a
21	21	reasonable alternative to strikes is a system of arbitration
22	22	conducted under adequate legislative standards. [Another
23	23	reasonable alternative, if the parties fail to agree to arbitrate,
24	24	is judicial enforcement of the requirements of this chapter
25	25	regarding compensation and conditions of employment applicable to
26	26	fire fighters and police officers.]
27	27	SECTION 2. Section 174.021, Local Government Code, is
28	28	amended to read as follows:
29	29	Sec. 174.021. COMPENSATION [PREVAILING WAGE] AND WORKING
30	30	CONDITIONS REQUIRED. A political subdivision that employs fire
31	31	fighters, police officers, or both, shall provide those employees
32	32	with compensation and other conditions of employment that are[:
33	33	[(1)] substantially equal to compensation and other
34	34	conditions of employment that prevail in comparable fire or police
35	35	departments, as applicable [employment in the private sector; and
36	36	[(2) based on prevailing private sector compensation
37	37	and conditions of employment in the labor market area in other jobs
38	38	that require the same or similar skills, ability, and training and
39	39	may be performed under the same or similar conditions].
40	40	SECTION 3. The heading to Section 174.153, Local Government
41	41	Code, is amended to read as follows:
42	42	Sec. 174.153. BINDING INTEREST [REQUEST FOR] ARBITRATION
43	43	REQUIRED [; AGREEMENT TO ARBITRATE].
44	44	SECTION 4. Section 174.153, Local Government Code, is
45	45	amended by amending Subsections (a) and (b) and adding Subsection
46	46	(b-1) to read as follows:
47	47	(a) A public employer and [or] an association that is a
48	48	bargaining agent shall submit to binding interest [may request the
49	49	appointment of an] arbitration [board] if[:
50	50	[(1)] the parties:
51	51	(1) [(A)] reach an impasse in collective bargaining;
52	52	or
53	53	(2) [(B)] are unable to settle after the 61st day
54	54	after the date the appropriate lawmaking body fails to approve a
55	55	contract reached through collective bargaining[;
56	56	[(2) the parties made every reasonable effort,
57	57	including mediation, to settle the dispute through good-faith
58	58	collective bargaining; and
59	59	[(3) the public employer or association gives written
60	60	notice to the other party, specifying the issue in dispute].
61	61	(b) Each party shall send to the other party a written
62	62	notice specifying each issue in dispute for purposes of binding [A
63	63	request for] arbitration [must be made] not later than the fifth day
64	64	after:
65	65	(1) the date an impasse was reached under Section
66	66	174.152; [or]
67	67	(2) the expiration of an extension period under
68	68	Section 174.152; or
69	69	(3) the expiration of the period described by
70	70	Subsection (a)(2).
71	71	(b-1) A notice under Subsection (b) is considered sent on
72	72	the date the notice is placed in the mail, personally delivered, or
73	73	transmitted by e-mail or any other means of electronic transfer.
74	74	SECTION 5. The heading to Section 174.154, Local Government
75	75	Code, is amended to read as follows:
76	76	Sec. 174.154. SELECTION OF ARBITRATOR [ARBITRATION BOARD].
77	77	SECTION 6. Section 174.154(a), Local Government Code, is
78	78	amended to read as follows:
79	79	(a) Not later than the fifth day after the date a party sends
80	80	the notice required under Section 174.153, the public employer
81	81	shall immediately request a list of seven qualified neutral
82	82	arbitrators from the American Arbitration Association or the
83	83	Federal Mediation and Conciliation Service, or a successor in
84	84	function. The bargaining agent and the municipality, or their
85	85	designees, may agree on one of the seven arbitrators on the list.
86	86	If the parties do not select an arbitrator before the sixth working
87	87	day after the date the parties received the list, each party or the
88	88	party's designee shall alternate striking a name from the list and
89	89	the name remaining is the arbitrator [an agreement to arbitrate is
90	90	executed, each party shall:
91	91	[(1) select one arbitrator; and
92	92	[(2) immediately notify the other party in writing of
93	93	the name and address of the arbitrator selected].
94	94	SECTION 7. Section 174.155(a), Local Government Code, is
95	95	amended to read as follows:
96	96	(a) The [A presiding] arbitrator shall:
97	97	(1) call a hearing to be held not later than the 10th
98	98	day after the date on which the [presiding] arbitrator is selected
99	99	[appointed]; and
100	100	(2) notify [the other arbitrators,] the public
101	101	employer[,] and the association in writing of the time and place of
102	102	the hearing, not later than the eighth day before the hearing.
103	103	SECTION 8. Section 174.156(b), Local Government Code, is
104	104	amended to read as follows:
105	105	(b) The arbitrator [An arbitration board] shall render an
106	106	award in accordance with the requirements of Section 174.021. In
107	107	settling disputes relating to compensation, hours, and other
108	108	conditions of employment, the arbitrator [board] shall consider:
109	109	(1) hazards of employment;
110	110	(2) physical qualifications;
111	111	(3) educational qualifications;
112	112	(4) mental qualifications;
113	113	(5) job training;
114	114	(6) skills; and
115	115	(7) other factors.
116	116	SECTION 9. Section 174.157(b), Local Government Code, is
117	117	amended to read as follows:
118	118	(b) An arbitrator [arbitration board] may:
119	119	(1) receive in evidence any documentary evidence or
120	120	other information the arbitrator [board] considers relevant;
121	121	(2) administer oaths; and
122	122	(3) issue subpoenas to require:
123	123	(A) the attendance and testimony of witnesses;
124	124	and
125	125	(B) the production of books, records, and other
126	126	evidence relevant to an issue presented to the arbitrator [board]
127	127	for determination.
128	128	SECTION 10. Sections 174.158(a) and (c), Local Government
129	129	Code, are amended to read as follows:
130	130	(a) Not later than the 10th day after the end of the hearing,
131	131	an arbitrator [arbitration board] shall:
132	132	(1) make written findings; and
133	133	(2) render a written award on the issues presented to
134	134	the arbitrator [board].
135	135	(c) An increase in compensation awarded by an arbitrator
136	136	[arbitration board] under this subchapter may take effect only at
137	137	the beginning of the next fiscal year after the date of the award.
138	138	SECTION 11. Section 174.159, Local Government Code, is
139	139	amended to read as follows:
140	140	Sec. 174.159. EFFECT OF AWARD. If a [majority] decision of
141	141	an arbitrator [arbitration board] is supported by competent,
142	142	material, and substantial evidence on the whole record, the
143	143	decision:
144	144	(1) is final and binding on the parties; and
145	145	(2) may be enforced by either party or the arbitrator
146	146	[arbitration board] in a district court for the judicial district
147	147	in which a majority of the affected employees reside.
148	148	SECTION 12. Section 174.161, Local Government Code, is
149	149	amended to read as follows:
150	150	Sec. 174.161. BEGINNING OF NEW FISCAL YEAR. If a new fiscal
151	151	year begins after the initiation of arbitration procedures under
152	152	this subchapter but before an award is rendered or enforced:
153	153	(1) the dispute is not moot;
154	154	(2) the jurisdiction of the arbitrator [arbitration
155	155	board] is not impaired; and
156	156	(3) the arbitration award is not impaired.
157	157	SECTION 13. Section 174.162, Local Government Code, is
158	158	amended to read as follows:
159	159	Sec. 174.162. EXTENSION OF PERIOD. A period specified by
160	160	Section 174.155 or 174.158 may be extended:
161	161	(1) by the written agreement of the parties for a
162	162	reasonable period; or
163	163	(2) by the arbitrator [arbitration board] for good
164	164	cause for one or more periods that in the aggregate do not exceed 20
165	165	days.
166	166	SECTION 14. Section 174.164(c), Local Government Code, is
167	167	amended to read as follows:
168	168	(c) The public employer and the association representing
169	169	the employees shall jointly pay in even proportions:
170	170	(1) the compensation of the [neutral] arbitrator; and
171	171	(2) the stenographic and other expenses incurred by
172	172	the arbitrator [arbitration board] in connection with the
173	173	arbitration proceedings.
174	174	SECTION 15. Section 174.253, Local Government Code, is
175	175	amended to read as follows:
176	176	Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD. (a) An
177	177	award of an arbitrator [arbitration board] may be reviewed by a
178	178	district court for the judicial district in which the municipality
179	179	is located only on the grounds that:
180	180	(1) the arbitrator [arbitration board] was without
181	181	jurisdiction;
182	182	(2) the arbitrator [arbitration board] exceeded the
183	183	arbitrator's [its] jurisdiction;
184	184	(3) the order is not supported by competent, material,
185	185	and substantial evidence on the whole record; or
186	186	(4) the order was obtained by fraud, collusion, or
187	187	similar unlawful means.
188	188	(b) The pendency of a review proceeding does not
189	189	automatically stay enforcement of the arbitrator's [arbitration
190	190	board's] order.
191	191	SECTION 16. The following provisions of the Local
192	192	Government Code are repealed:
193	193	(1) Section 174.153(c);
194	194	(2) Sections 174.154(b) and (c);
195	195	(3) Section 174.163;
196	196	(4) Sections 174.164(a) and (b); and
197	197	(5) Section 174.252.
198	198	SECTION 17. This Act takes effect September 1, 2019.