Texas 2025 - 89th Regular

Texas House Bill HB4065 Compare Versions

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Old	New	Differences
1	1	89R10877 DNC-F
2	2	By: McQueeney H.B. No. 4065
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to binding arbitration in collective bargaining for
10	10	firefighters and police officers in certain political
11	11	subdivisions.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 174, Local Government Code, is amended
14	14	by adding Subchapter E-1 to read as follows:
15	15	SUBCHAPTER E-1. BINDING INTEREST ARBITRATION
16	16	Sec. 174.181. APPLICABILITY OF SUBCHAPTER. This subchapter
17	17	applies to a political subdivision that employs fire fighters,
18	18	police officers, or both except that this subchapter does not apply
19	19	to:
20	20	(1) a political subdivision that has adopted mandatory
21	21	binding interest arbitration or another mechanism to resolve
22	22	collective bargaining impasses through a referendum, municipal
23	23	charter amendment, or collective bargaining agreement before
24	24	January 1, 2025; or
25	25	(2) a municipality with a population of 1.9 million or
26	26	more unless this subchapter is adopted in an election held in the
27	27	municipality for that purpose under the procedures prescribed by
28	28	Subchapter C.
29	29	Sec. 174.182. CONFLICT OF LAWS. To the extent of a conflict
30	30	between this subchapter and another provision of this chapter, this
31	31	subchapter controls.
32	32	Sec. 174.183. BINDING INTEREST ARBITRATION REQUIRED. (a)
33	33	Instead of submitting to arbitration under Subchapter E, a public
34	34	employer and an association that is a bargaining agent shall submit
35	35	to binding interest arbitration if the parties:
36	36	(1) reach an impasse in collective bargaining; or
37	37	(2) are unable to settle after the 61st day after the
38	38	date the appropriate lawmaking body fails to approve a contract
39	39	reached through collective bargaining.
40	40	(b) The issues to be arbitrated are all matters the parties
41	41	are unable to resolve through collective bargaining and mediation
42	42	procedures required by this chapter.
43	43	Sec. 174.184. NOTICE REQUIREMENTS. (a) Each party shall
44	44	provide to the other party a written notice specifying each issue in
45	45	dispute for purposes of binding interest arbitration not later than
46	46	the fifth day after the later of:
47	47	(1) the date an impasse was reached under Section
48	48	174.152;
49	49	(2) the expiration of an extension period under
50	50	Section 174.152; or
51	51	(3) the expiration of the period described by Section
52	52	174.183(a)(2).
53	53	(b) Notice provided under Subsection (a) is considered sent
54	54	on the date the notice is placed in the mail, personally delivered,
55	55	or transmitted by e-mail or any other means of electronic transfer.
56	56	Sec. 174.185. SELECTION OF ARBITRATOR. Not later than the
57	57	fifth day after the date a party provides the notice required under
58	58	Section 174.184, the public employer shall immediately request a
59	59	list of seven qualified neutral arbitrators from the American
60	60	Arbitration Association or the Federal Mediation and Conciliation
61	61	Service, or a successor in function. The bargaining agent and the
62	62	municipality, or their designees, may agree on one of the seven
63	63	arbitrators on the list. If the parties do not select an arbitrator
64	64	before the sixth working day after the date the parties received the
65	65	list, each party or the party's designee shall alternate striking a
66	66	name from the list and the name remaining is the arbitrator.
67	67	Sec. 174.186. POWERS AND DUTIES OF ARBITRATOR. (a) The
68	68	arbitrator shall:
69	69	(1) call a hearing to be:
70	70	(A) held not later than the 10th day after the
71	71	date on which the arbitrator is selected; and
72	72	(B) ended not later than the 20th day after the
73	73	date the hearing begins; and
74	74	(2) notify the public employer and the association in
75	75	writing of the time and place of the hearing, not later than the
76	76	eighth day before the hearing.
77	77	(b) The arbitrator shall render an award in accordance with
78	78	the requirements of Section 174.021. In settling disputes relating
79	79	to compensation, hours, and other conditions of employment, the
80	80	arbitrator shall consider:
81	81	(1) hazards of employment;
82	82	(2) physical qualifications;
83	83	(3) educational qualifications;
84	84	(4) mental qualifications;
85	85	(5) job training;
86	86	(6) skills; and
87	87	(7) other factors.
88	88	(c) The rules of evidence applicable to judicial
89	89	proceedings are not binding in an arbitration hearing. The
90	90	arbitrator may:
91	91	(1) receive in evidence any documentary evidence or
92	92	other information the arbitrator considers relevant;
93	93	(2) administer oaths; and
94	94	(3) issue subpoenas to require:
95	95	(A) the attendance and testimony of witnesses;
96	96	and
97	97	(B) the production of books, records, and other
98	98	evidence relevant to an issue presented to the arbitrator for
99	99	determination.
100	100	Sec. 174.187. AWARD. (a) Not later than the 10th day after
101	101	the date of the end of the hearing, the arbitrator shall:
102	102	(1) make written findings; and
103	103	(2) render a written award on the issues presented to
104	104	the arbitrator.
105	105	(b) An increase in compensation awarded by the arbitrator
106	106	under this subchapter may take effect only at the beginning of the
107	107	next fiscal year after the date of the award.
108	108	Sec. 174.188. EFFECT OF AWARD. If a decision of the
109	109	arbitrator is supported by competent, material, and substantial
110	110	evidence on the whole record, the decision:
111	111	(1) is final and binding on the parties; and
112	112	(2) may be enforced by either party or the arbitrator
113	113	in a district court for the judicial district in which a majority of
114	114	the affected employees reside.
115	115	Sec. 174.189. BEGINNING OF NEW FISCAL YEAR. If a new fiscal
116	116	year begins after the initiation of arbitration procedures under
117	117	this subchapter but before an award is rendered or enforced:
118	118	(1) the dispute is not moot;
119	119	(2) the jurisdiction of the arbitrator is not
120	120	impaired; and
121	121	(3) the arbitration award is not impaired.
122	122	Sec. 174.190. EXTENSION OF PERIOD. A period specified by
123	123	Section 174.184 or 174.185 may be extended:
124	124	(1) by the written agreement of the parties for a
125	125	reasonable period; or
126	126	(2) by the arbitrator for good cause for one or more
127	127	periods that in the aggregate do not exceed 20 days.
128	128	Sec. 174.191. PAYMENT OF ARBITRATOR AND EXPENSES. (a) The
129	129	public employer and the association representing the employees
130	130	shall jointly pay in even proportions:
131	131	(1) the compensation of the arbitrator; and
132	132	(2) the stenographic and other expenses incurred by
133	133	the arbitrator in connection with the arbitration proceedings.
134	134	(b) If a party to arbitration requires a transcript of the
135	135	arbitration proceedings, the party shall pay the cost of the
136	136	transcript.
137	137	SECTION 2. Section 174.253, Local Government Code, is
138	138	amended to read as follows:
139	139	Sec. 174.253. JUDICIAL REVIEW OF ARBITRATION AWARD. (a) An
140	140	award of an arbitrator [arbitration board] may be reviewed by a
141	141	district court in a [for the] judicial district in which the
142	142	municipality is located only on the grounds that:
143	143	(1) the arbitrator [arbitration board] was without
144	144	jurisdiction;
145	145	(2) the arbitrator [arbitration board] exceeded the
146	146	arbitrator's [its] jurisdiction;
147	147	(3) the order is not supported by competent, material,
148	148	and substantial evidence on the whole record; or
149	149	(4) the order was obtained by fraud, collusion, or
150	150	similar unlawful means.
151	151	(b) The pendency of a review proceeding does not
152	152	automatically stay enforcement of the arbitrator's [arbitration
153	153	board's] order.
154	154	SECTION 3. The following provisions of the Local Government
155	155	Code are repealed:
156	156	(1) Section 174.153(c);
157	157	(2) Sections 174.154(b) and (c);
158	158	(3) Section 174.163;
159	159	(4) Sections 174.164(a) and (b); and
160	160	(5) Section 174.252.
161	161	SECTION 4. This Act takes effect September 1, 2025.