74R10454 PEP-D
          By Oakley                                             H.B. No. 1412
          Substitute the following for H.B. No. 1412:
          By Thompson                                       C.S.H.B. No. 1412
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain police arbitration procedures.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 174.156, Local Government Code, is
    1-5  amended to read as follows:
    1-6        Sec. 174.156.  Scope of Arbitration.  (a)  The issues to be
    1-7  arbitrated are all matters the parties are unable to resolve
    1-8  through collective bargaining and mediation procedures required by
    1-9  this chapter.
   1-10        (b)  An arbitration board shall render an award in accordance
   1-11  with the requirements of Section 174.021.
   1-12        (c)  In settling disputes relating to compensation, hours,
   1-13  and other conditions of employment for fire fighters, the board
   1-14  shall consider:
   1-15              (1)  hazards of employment;
   1-16              (2)  physical qualifications;
   1-17              (3)  educational qualifications;
   1-18              (4)  mental qualifications;
   1-19              (5)  job training;
   1-20              (6)  skills; and
   1-21              (7)  other factors.
   1-22        (d)  Not later than the seventh day before the date of an
   1-23  arbitration hearing relating to conditions of employment for police
   1-24  officers, each party shall submit to the other party and to the
    2-1  arbitration board a written statement, intended to be that party's
    2-2  last best offer, listing:
    2-3              (1)  all resolved contract terms;
    2-4              (2)  all unresolved contract terms; and
    2-5              (3)  the party's final offer on the unresolved contract
    2-6  issues.
    2-7        SECTION 2.  Section 174.158, Local Government Code, is
    2-8  amended to read as follows:
    2-9        Sec. 174.158.  Arbitration Award.  (a)  Not later than the
   2-10  10th day after the date an arbitration hearing relating to
   2-11  conditions of employment for fire fighters is concluded, the <end
   2-12  of the hearing, an> arbitration board shall:
   2-13              (1)  make written findings; and
   2-14              (2)  render a written award on the issues presented to
   2-15  the board.
   2-16        (b)  A copy of the findings and award under Subsection (a)
   2-17  shall be mailed or delivered to the public employer and the
   2-18  association.
   2-19        (c)  Not later than the seventh day after the date an
   2-20  arbitration hearing relating to conditions of employment for police
   2-21  officers is concluded, a majority of the arbitration board members
   2-22  shall select one of the two last best offers submitted under
   2-23  Section 174.156(d) as the contract of the parties.  The arbitration
   2-24  board may not modify the last best offer of a party.  The board
   2-25  shall mail or deliver to the public employer and the association a
   2-26  copy of the selected offer.
   2-27        (d)  An increase in compensation awarded by an arbitration
    3-1  board or by an election under this subchapter may take effect only
    3-2  at the beginning of the next fiscal year after the date of the
    3-3  award, unless<.>
    3-4        <(d)  If> a new fiscal year begins after the initiation of
    3-5  arbitration procedures under this subchapter.  If a new fiscal year
    3-6  begins after the initiation of arbitration procedures, <Subsection
    3-7  (c) does not apply and> an increase in compensation may be
    3-8  retroactive to the beginning of the fiscal year.
    3-9        SECTION 3.  Section 174.159, Local Government Code, is
   3-10  amended to read as follows:
   3-11        Sec. 174.159.  EFFECT OF AWARD:  FIRE FIGHTER EMPLOYMENT
   3-12  CONDITIONS.  If a majority decision of an arbitration board
   3-13  relating to conditions of employment for fire fighters is supported
   3-14  by competent, material, and substantial evidence on the whole
   3-15  record, the decision:
   3-16              (1)  is final and binding on the parties; and
   3-17              (2)  may be enforced by either party or the arbitration
   3-18  board in a district court for the judicial district in which a
   3-19  majority of the affected employees reside.
   3-20        SECTION 4.  Subchapter E, Chapter 174, Local Government Code,
   3-21  is amended by adding Section 174.1595 to read as follows:
   3-22        Sec. 174.1595.  MUNICIPAL ELECTION:  POLICE OFFICER
   3-23  EMPLOYMENT CONDITIONS.  (a)  If the public employer's last best
   3-24  offer submitted under Section 174.156(d) is not selected by the
   3-25  arbitration board, the public employer may request the governing
   3-26  body to submit the parties' last best offers submitted under
   3-27  Section 174.156(d) to the voters of the municipality for their
    4-1  selection.
    4-2        (b)  In making a request for an election, the public employer
    4-3  shall:
    4-4              (1)  file the request with the clerk of the
    4-5  municipality not later than the 10th day after the date of the
    4-6  arbitration board's decision; and
    4-7              (2)  mail or otherwise deliver written notice of the
    4-8  filing to the association.
    4-9        (c)  If a request for an election is not timely filed, the
   4-10  board's decision is final, and the last best offer the board
   4-11  selected is the agreement of the parties.
   4-12        (d)  On receiving an election request under Subsection (a),
   4-13  the clerk shall notify the governing body of the request.  The
   4-14  governing body shall provide for submission of the parties' last
   4-15  best offers at the next municipal general election or at a special
   4-16  election the governing body may order for that purpose.
   4-17        (e)  The ballot for an election under Subsection (a) shall:
   4-18              (1)  inform the voters that they must choose either the
   4-19  last best offer of the public employer or the last best offer of
   4-20  the association; and
   4-21              (2)  clearly state the issues in dispute and, if a
   4-22  disputed issue concerns the public employer's financial
   4-23  obligations:
   4-24                    (A)  the total dollar amount of the offer from
   4-25  each party; and
   4-26                    (B)  the percentage of increase or decrease each
   4-27  party's offer has over or under the parties' preceding contract.
    5-1        (f)  The last best offer that receives a majority of votes
    5-2  received at the election becomes the agreement of the parties.
    5-3        SECTION 5.  The changes in law made by this Act relating to
    5-4  arbitration procedures under Subchapter E, Chapter 174, Local
    5-5  Government Code, apply only to contract negotiations begun on or
    5-6  after the effective date of this Act.  Contract negotiations that
    5-7  began before the effective date of this Act are governed by the law
    5-8  in effect when the negotiations began, and that law is continued in
    5-9  effect for that purpose.
   5-10        SECTION 6.  This Act takes effect September 1, 1995.
   5-11        SECTION 7.  The importance of this legislation and the
   5-12  crowded condition of the calendars in both houses create an
   5-13  emergency and an imperative public necessity that the
   5-14  constitutional rule requiring bills to be read on three several
   5-15  days in each house be suspended, and this rule is hereby suspended.