By:  Romo                                             H.B. No. 2375
       73R4297 JRD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to arbitration under The Fire and Police Employee
    1-3  Relations Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 2(b)(2) and (3), The Fire and Police
    1-6  Employee Relations Act (Article 5154c-1, Vernon's Texas Civil
    1-7  Statutes), are amended to read as follows:
    1-8              (2)  In view of the essential and emergency nature of
    1-9  the public service performed by firefighters and policemen, a
   1-10  reasonable alternative to such strikes is a system of arbitration
   1-11  conducted under adequate legislative standards.  <Another
   1-12  reasonable alternative, which should be provided in the event the
   1-13  parties fail to agree to arbitrate, is judicial enforcement of the
   1-14  requirements of this Act regarding the compensation and working
   1-15  conditions applicable to firefighters and policemen.>
   1-16              <(3)>  With the right to strike prohibited, it is
   1-17  requisite to the high morale of firefighters and policemen, and to
   1-18  the efficient operation of the departments which they serve, that
   1-19  the alternative procedure of arbitration established by this Act
   1-20  <procedures> be expeditious, effective, and binding.  To that end,
   1-21  the provisions of this Act should be liberally construed.
   1-22        SECTION 2.  Section 9(a), The Fire and Police Employee
   1-23  Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes), is
   1-24  amended to read as follows:
    2-1        (a)  In any dispute between a public employer and its
    2-2  protective services employees represented by an association,
    2-3  pursuant to this Act, where an impasse is reached in the collective
    2-4  bargaining process, or where the appropriate lawmaking body fails
    2-5  to approve a contract reached through collective bargaining, and as
    2-6  a result the public employer and the employees are unable to effect
    2-7  a settlement, then either party to the dispute, after written
    2-8  notice to the other party containing specifications of the issue or
    2-9  issues in dispute, may demand <request> appointment of an
   2-10  arbitration board; provided, however, a party shall not demand
   2-11  <request> arbitration more than once during any fiscal year.
   2-12        SECTION 3.  Sections 10 and 11, The Fire and Police Employee
   2-13  Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes), are
   2-14  amended to read as follows:
   2-15        Sec. 10.  Arbitration.  <(a)>  The demand <request> for
   2-16  arbitration referred to in Section 9 hereof shall be made
   2-17  <initiated> within five days following the expiration of the 60-day
   2-18  pre-impasse period or within five days following an agreed
   2-19  extension of the period, as provided in Section 9.  <If both
   2-20  parties elect to settle their dispute by arbitration, such election
   2-21  shall be made within five days following the request for
   2-22  arbitration, and shall be in the form of a written agreement to
   2-23  arbitrate.>  The issues to be arbitrated shall be all matters which
   2-24  the parties have been unable to resolve through collective
   2-25  bargaining in accordance with the procedures of Sections 7 and 9 of
   2-26  this Act.
   2-27        <(b)  Although the policy of this Act favors and encourages
    3-1  the parties to elect voluntary arbitration, nothing contained
    3-2  herein shall be deemed a requirement for compulsory arbitration.>
    3-3        Sec. 11.  Arbitration board.  Within <If the parties elect
    3-4  arbitration, within> five days following the demand <execution of
    3-5  the agreement> to arbitrate, the parties <they> shall each select
    3-6  and name one arbitrator and shall immediately notify each other in
    3-7  writing of the name and address of the person so selected.  The two
    3-8  arbitrators so selected and named shall, within 15 <10> days
    3-9  following <from> the demand <execution of the agreement> to
   3-10  arbitrate, attempt to agree upon a third (neutral) arbitrator.  If
   3-11  on the expiration of the 15-day <said 10-day> period the two
   3-12  arbitrators have been unable to agree upon the selection of the
   3-13  third arbitrator, either party may request the American Arbitration
   3-14  Association to utilize its procedures for selection of the neutral
   3-15  arbitrator, and said association shall be authorized to effect the
   3-16  appointment of the neutral arbitrator according to fair and regular
   3-17  procedures.  Unless both parties consent, the neutral arbitrator so
   3-18  selected will not be the same person selected as a mediator
   3-19  pursuant to Section 9 hereof.  The third (neutral) arbitrator,
   3-20  whether selected as a result of agreement between the two
   3-21  arbitrators previously selected or selected pursuant to American
   3-22  Arbitration Association procedures, shall serve as chairman of the
   3-23  arbitration board.
   3-24        SECTION 4.  Section 16, The Fire and Police Employee
   3-25  Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes), is
   3-26  repealed.  Notwithstanding its repeal, Section 16 is continued in
   3-27  effect after the effective date of this Act for the limited purpose
    4-1  of governing an action commenced under Section 16 before the
    4-2  effective date of this Act.
    4-3        SECTION 5.  This Act takes effect September 1, 1993.
    4-4        SECTION 6.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency and an imperative public necessity that the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended.