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AN ACT
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relating to mandatory arbitration for certain municipal fire |
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departments and employee bargaining agents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 174.153(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 174.1535, a [A] public |
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employer or an association that is a bargaining agent may request |
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the appointment of an arbitration board if: |
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(1) the parties: |
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(A) reach an impasse in collective bargaining; or |
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(B) are unable to settle after the appropriate |
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lawmaking body fails to approve a contract reached through |
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collective bargaining; |
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(2) the parties made every reasonable effort, |
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including mediation, to settle the dispute through good-faith |
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collective bargaining; and |
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(3) the public employer or association gives written |
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notice to the other party, specifying the issue in dispute. |
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SECTION 2. Subchapter E, Chapter 174, Local Government |
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Code, is amended by adding Section 174.1535 to read as follows: |
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Sec. 174.1535. MANDATORY ARBITRATION. (a) This section |
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applies only to: |
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(1) a fire department that serves a municipality with |
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a population of 1.9 million or more; and |
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(2) an association that is a bargaining agent for the |
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employees of a fire department described by Subdivision (1). |
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(b) A public employer and an association that is a |
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bargaining agent shall submit to binding interest arbitration if |
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the parties: |
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(1) reach an impasse in collective bargaining; or |
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(2) are unable to settle after the 61st day after the |
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date the appropriate lawmaking body fails to approve a contract |
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reached through collective bargaining. |
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(c) Each party shall send to the other party a written |
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notice specifying each issue in dispute for purposes of binding |
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arbitration not later than the fifth day after: |
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(1) the date an impasse was reached under Section |
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174.152; |
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(2) the expiration of an extension period under |
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Section 174.152; or |
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(3) the expiration of the period described by |
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Subsection (b)(2). |
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(d) A notice under Subsection (c) is considered sent on the |
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date the notice is placed in the mail, personally delivered, or |
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transmitted by e-mail or any other means of electronic transfer. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 736 passed the Senate on |
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March 27, 2023, by the following vote: Yeas 29, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 736 passed the House on |
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May 22, 2023, by the following vote: Yeas 135, Nays 10, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |