By Oakley H.B. No. 1412
74R835 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain fire and police arbitration procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter E, Chapter 174, Local Government Code,
1-5 is amended by adding Section 174.1501 to read as follows:
1-6 Sec. 174.1501. DEFINITION. In this subchapter, "last best
1-7 offer" means the terms and offers contained in a party's
1-8 arbitration statement under Section 174.156(b).
1-9 SECTION 2. Section 174.156(b), Local Government Code, is
1-10 amended to read as follows:
1-11 (b) Not later than the seventh day before the date of the
1-12 hearing, each party shall submit to the other party and to the
1-13 arbitration board a written statement, intended to be that party's
1-14 last best offer, listing:
1-15 (1) all resolved contract terms;
1-16 (2) all unresolved contract terms; and
1-17 (3) the party's final offer on the unresolved contract
1-18 issues <An arbitration board shall render an award in accordance
1-19 with the requirements of Section 174.021. In settling disputes
1-20 relating to compensation, hours, and other conditions of
1-21 employment, the board shall consider:>
1-22 <(1) hazards of employment;>
1-23 <(2) physical qualifications;>
1-24 <(3) educational qualifications;>
2-1 <(4) mental qualifications;>
2-2 <(5) job training;>
2-3 <(6) skills; and>
2-4 <(7) other factors>.
2-5 SECTION 3. Section 174.158, Local Government Code, is
2-6 amended to read as follows:
2-7 Sec. 174.158. ARBITRATION AWARD. (a) Not later than the
2-8 seventh day after the date the hearing is concluded, a majority of
2-9 the arbitration board members shall select one of the two last best
2-10 offers as the contract of the parties. The arbitration board may
2-11 not modify the last best offer of a party <the 10th day after the
2-12 end 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) The board shall mail or otherwise deliver to the public
2-17 employer and the association a copy of the selected offer <A copy
2-18 of the findings and award shall be mailed or delivered to the
2-19 public employer and the association>.
2-20 (c) An increase in compensation awarded by an arbitration
2-21 board or by an election under this subchapter may take effect only
2-22 at the beginning of the next fiscal year after the date of the
2-23 award, unless <.>
2-24 <(d) If> a new fiscal year begins after the initiation of
2-25 arbitration procedures under this subchapter. If a new fiscal year
2-26 begins after the initiation of arbitration procedures, (<Subsection
2-27 (c) does not apply and> an increase in compensation may be
3-1 retroactive to the beginning of the fiscal year.
3-2 SECTION 4. Section 174.159, Local Government Code, is
3-3 amended to read as follows:
3-4 Sec. 174.159. EFFECT OF AWARD; MUNICIPAL ELECTION. (a) If
3-5 the public employer's last best offer is not selected by the
3-6 arbitration board, the public employer may request the governing
3-7 body to submit the parties' last best offers to the voters of the
3-8 municipality for their selection.
3-9 (b) In making a request for an election, the public employer
3-10 shall:
3-11 (1) file the request with the clerk of the
3-12 municipality not later than the 10th day after the date of the
3-13 arbitration board's decision; and
3-14 (2) mail or otherwise deliver written notice of the
3-15 filing to the association.
3-16 (c) If a request for an election is not timely filed, the
3-17 board's decision is final, and the last best offer the board
3-18 selected is the agreement of the parties.
3-19 (d) On receiving an election request under Subsection (a),
3-20 the clerk shall notify the governing body of the request. The
3-21 governing body shall provide for submission of the parties' last
3-22 best offers at the next municipal general election or at a special
3-23 election the governing body may order for that purpose.
3-24 (e) The ballot for an election under Subsection (a) shall:
3-25 (1) inform the voters that they must choose either the
3-26 last best offer of the public employer or the last best offer of
3-27 the association; and
4-1 (2) clearly state the issues in dispute and, if a
4-2 disputed issue concerns the public employer's financial
4-3 obligations:
4-4 (A) the total dollar amount of the offer from
4-5 each party; and
4-6 (B) the percentage of increase or decrease each
4-7 party's offer has over or under the parties' preceding contract.
4-8 (f) The last best offer that receives a majority of votes
4-9 received at the election becomes the agreement of the parties <If a
4-10 majority decision of an arbitration board is supported by
4-11 competent, material, and substantial evidence on the whole record,
4-12 the decision:>
4-13 <(1) is final and binding on the parties; and>
4-14 <(2) may be enforced by either party or the
4-15 arbitration board in a district court for the judicial district in
4-16 which a majority of the affected employees reside>.
4-17 SECTION 5. The changes in law made by this Act relating to
4-18 arbitration procedures under Subchapter E, Chapter 174, Local
4-19 Government Code, apply only to contract negotiations begun on or
4-20 after the effective date of this Act. Contract negotiations that
4-21 began before the effective date of this Act are governed by the law
4-22 in effect when the negotiations began, and that law is continued in
4-23 effect for that purpose.
4-24 SECTION 6. This Act takes effect September 1, 1995.
4-25 SECTION 7. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.