Texas 2025 - 89th Regular

Texas Senate Bill SB777 Compare Versions

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

Old	New	Differences
1	1	89R2665 MP-F
2	2	By: Hughes S.B. No. 777
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to compensation and employment condition standards by
10	10	municipal charter or collective bargaining agreement and to impasse
11	11	resolution in collective bargaining with certain political
12	12	subdivisions.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 174.005, Local Government Code, is
15	15	amended to read as follows:
16	16	Sec. 174.005. PREEMPTION OF OTHER LAW. Except as provided
17	17	by this chapter, this [This] chapter preempts all contrary local
18	18	ordinances, executive orders, legislation, or rules adopted by the
19	19	state or by a political subdivision or agent of the state, including
20	20	a personnel board, civil service commission, or home-rule
21	21	municipality.
22	22	SECTION 2. Section 174.021, Local Government Code, is
23	23	amended to read as follows:
24	24	Sec. 174.021. PREVAILING WAGE AND WORKING CONDITIONS
25	25	REQUIRED; EXCEPTION. (a) Except as provided by Subsection (b), a
26	26	[A] political subdivision that employs fire fighters, police
27	27	officers, or both, shall provide those employees with compensation
28	28	and other conditions of employment that are:
29	29	(1) substantially equal to compensation and other
30	30	conditions of employment that prevail in comparable employment in
31	31	the private sector; and
32	32	(2) based on prevailing private sector compensation
33	33	and conditions of employment in the labor market area in other jobs
34	34	that require the same or similar skills, ability, and training and
35	35	may be performed under the same or similar conditions.
36	36	(b) A political subdivision that employs fire fighters is
37	37	considered to be in compliance with the requirements of Subsection
38	38	(a) if the political subdivision provides those fire fighters with
39	39	compensation and other conditions of employment that comply with
40	40	the standards for compensation and other conditions of employment
41	41	contained in:
42	42	(1) except as provided by Subdivision (2), if the
43	43	political subdivision is a municipality, the municipality's
44	44	charter; or
45	45	(2) if a collective bargaining agreement under this
46	46	chapter is in effect, that agreement.
47	47	SECTION 3. The heading to Subchapter E, Chapter 174, Local
48	48	Government Code, is amended to read as follows:
49	49	SUBCHAPTER E. MEDIATION; IMPASSE RESOLUTION [ARBITRATION]
50	50	SECTION 4. Section 174.153(a), Local Government Code, is
51	51	amended to read as follows:
52	52	(a) Except as provided by Sections [Section] 174.1535 and
53	53	174.165, a public employer or an association that is a bargaining
54	54	agent may request the appointment of an arbitration board if:
55	55	(1) the parties:
56	56	(A) reach an impasse in collective bargaining; or
57	57	(B) are unable to settle after the appropriate
58	58	lawmaking body fails to approve a contract reached through
59	59	collective bargaining;
60	60	(2) the parties made every reasonable effort,
61	61	including mediation, to settle the dispute through good-faith
62	62	collective bargaining; and
63	63	(3) the public employer or association gives written
64	64	notice to the other party, specifying the issue in dispute.
65	65	SECTION 5. Section 174.1535(b), Local Government Code, is
66	66	amended to read as follows:
67	67	(b) Except as provided by Section 174.165, a [A] public
68	68	employer and an association that is a bargaining agent shall submit
69	69	to binding interest arbitration if the parties:
70	70	(1) reach an impasse in collective bargaining; or
71	71	(2) are unable to settle after the 61st day after the
72	72	date the appropriate lawmaking body fails to approve a contract
73	73	reached through collective bargaining.
74	74	SECTION 6. Section 174.156(b), Local Government Code, is
75	75	amended to read as follows:
76	76	(b) An arbitration board shall render an award in accordance
77	77	with the requirements of Section 174.021. In settling disputes
78	78	relating to compensation, hours, and other conditions of
79	79	employment, the board shall consider:
80	80	(1) hazards of employment;
81	81	(2) physical qualifications;
82	82	(3) educational qualifications;
83	83	(4) mental qualifications;
84	84	(5) job training;
85	85	(6) skills;
86	86	(7) to the extent applicable, a municipality's charter
87	87	or a collective bargaining agreement; and
88	88	(8) [(7)] other factors.
89	89	SECTION 7. Section 174.158, Local Government Code, is
90	90	amended by adding Subsection (e) to read as follows:
91	91	(e) An award rendered under this section must be made
92	92	effective for the period for which the public employer and the
93	93	association are bargaining. The period may exceed one year.
94	94	SECTION 8. Section 174.163, Local Government Code, is
95	95	amended to read as follows:
96	96	Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED;
97	97	EXCEPTIONS. Except as provided by Sections 174.1535 and 174.165,
98	98	this [This] chapter does not require compulsory arbitration.
99	99	SECTION 9. Subchapter E, Chapter 174, Local Government
100	100	Code, is amended by adding Section 174.165 to read as follows:
101	101	Sec. 174.165. OTHER IMPASSE RESOLUTION FOR FIRE FIGHTERS
102	102	UNDER MUNICIPAL CHARTER OR COLLECTIVE BARGAINING AGREEMENT. (a)
103	103	This section applies only to:
104	104	(1) except as provided by Subdivision (2), if a
105	105	municipality has a charter that provides for the resolution of an
106	106	impasse in a collective bargaining process governed by this chapter
107	107	involving a public employer of the municipality and an association
108	108	that is a bargaining agent for employees of the public employer,
109	109	that public employer and bargaining agent; or
110	110	(2) if a collective bargaining agreement under this
111	111	chapter is in effect and provides for the resolution of an impasse
112	112	in a collective bargaining process governed by this chapter
113	113	involving a public employer of a political subdivision and an
114	114	association that is the bargaining agent for the fire fighters of
115	115	the public employer, that public employer and bargaining agent.
116	116	(b) A public employer and an association that is a
117	117	bargaining agent for fire fighters shall submit to the impasse
118	118	resolution mechanism contained in the charter or agreement
119	119	described by Subsection (a), as applicable, if the parties:
120	120	(1) reach an impasse in collective bargaining; or
121	121	(2) are unable to settle after the 61st day after the
122	122	date the appropriate lawmaking body fails to approve a contract
123	123	reached through collective bargaining.
124	124	(c) A provision of this subchapter relating to arbitration
125	125	does not apply to the impasse resolution mechanism described by
126	126	Subsection (b), unless the charter or agreement described by
127	127	Subsection (a), as applicable, specifically provides otherwise. To
128	128	the extent of any conflict, the charter or agreement, as
129	129	applicable, prevails over any provision of this subchapter.
130	130	SECTION 10. The change in law made by this Act applies only
131	131	to a municipal charter, collective bargaining agreement, or
132	132	arbitration award that is in effect on or after the effective date
133	133	of this Act.
134	134	SECTION 11. This Act takes effect immediately if it
135	135	receives a vote of two-thirds of all the members elected to each
136	136	house, as provided by Section 39, Article III, Texas Constitution.
137	137	If this Act does not receive the vote necessary for immediate
138	138	effect, this Act takes effect September 1, 2025.