| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to mandatory arbitration for certain municipal fire |
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| 8 | 8 | | departments and employee bargaining agents. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 174.153(a), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Section 174.1535, a [A] public |
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| 13 | 13 | | employer or an association that is a bargaining agent may request |
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| 14 | 14 | | the appointment of an arbitration board if: |
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| 15 | 15 | | (1) the parties: |
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| 16 | 16 | | (A) reach an impasse in collective bargaining; or |
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| 17 | 17 | | (B) are unable to settle after the appropriate |
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| 18 | 18 | | lawmaking body fails to approve a contract reached through |
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| 19 | 19 | | collective bargaining; |
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| 20 | 20 | | (2) the parties made every reasonable effort, |
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| 21 | 21 | | including mediation, to settle the dispute through good-faith |
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| 22 | 22 | | collective bargaining; and |
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| 23 | 23 | | (3) the public employer or association gives written |
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| 24 | 24 | | notice to the other party, specifying the issue in dispute. |
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| 25 | 25 | | SECTION 2. Subchapter E, Chapter 174, Local Government |
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| 26 | 26 | | Code, is amended by adding Section 174.1535 to read as follows: |
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| 27 | 27 | | Sec. 174.1535. MANDATORY ARBITRATION. (a) This section |
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| 28 | 28 | | applies only to: |
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| 29 | 29 | | (1) a fire department that serves a municipality with |
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| 30 | 30 | | a population of 1.9 million or more; and |
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| 31 | 31 | | (2) an association that is a bargaining agent for the |
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| 32 | 32 | | employees of a fire department described by Subdivision (1). |
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| 33 | 33 | | (b) A public employer and an association that is a |
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| 34 | 34 | | bargaining agent shall submit to binding interest arbitration if |
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| 35 | 35 | | the parties: |
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| 36 | 36 | | (1) reach an impasse in collective bargaining; or |
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| 37 | 37 | | (2) are unable to settle after the 61st day after the |
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| 38 | 38 | | date the appropriate lawmaking body fails to approve a contract |
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| 39 | 39 | | reached through collective bargaining. |
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| 40 | 40 | | (c) Each party shall send to the other party a written |
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| 41 | 41 | | notice specifying each issue in dispute for purposes of binding |
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| 42 | 42 | | arbitration not later than the fifth day after: |
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| 43 | 43 | | (1) the date an impasse was reached under Section |
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| 44 | 44 | | 174.152; |
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| 45 | 45 | | (2) the expiration of an extension period under |
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| 46 | 46 | | Section 174.152; or |
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| 47 | 47 | | (3) the expiration of the period described by |
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| 48 | 48 | | Subsection (b)(2). |
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| 49 | 49 | | (d) A notice under Subsection (c) is considered sent on the |
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| 50 | 50 | | date the notice is placed in the mail, personally delivered, or |
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| 51 | 51 | | transmitted by e-mail or any other means of electronic transfer. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2021. |
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