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.