By Tillery                                            H.B. No. 1451
       74R4882 PEP-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to arbitration procedures under The Fire and Police
    1-3  Employee Relations Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 174.002(d) and (e), Local Government
    1-6  Code, as added by Chapter 269, Acts of the 73rd Legislature, 1993,
    1-7  are amended to read as follows:
    1-8        (d)  Because of the essential and emergency nature of the
    1-9  public service performed by fire fighters and police officers, a
   1-10  reasonable alternative to strikes is a system of arbitration
   1-11  conducted under adequate legislative standards.  <Another
   1-12  reasonable alternative, if the parties fail to agree to arbitrate,
   1-13  is judicial enforcement of the requirements of this chapter
   1-14  regarding compensation and conditions of employment applicable to
   1-15  fire fighters and police officers.>
   1-16        (e)  With the right to strike prohibited, to maintain the
   1-17  high morale of fire fighters and police officers and the efficient
   1-18  operation of the departments in which they serve, the alternative
   1-19  procedures provided by this chapter, including  compulsory
   1-20  arbitration, must be expeditious, effective, and binding.
   1-21        SECTION 2.  The heading of Section 174.153, Local Government
   1-22  Code, is amended to read as follows:
   1-23        Sec. 174.153.  REQUEST FOR ARBITRATION; NOTICE <AGREEMENT> TO
   1-24  ARBITRATE.
    2-1        SECTION 3.  Section 174.153(c), Local Government Code, is
    2-2  amended to read as follows:
    2-3        (c)  A party that elects to arbitrate must provide the other
    2-4  party with a written notice to arbitrate <An election by both
    2-5  parties to arbitrate must:>
    2-6              <(1)  be made> not later than the fifth day after the
    2-7  date a request is made under Subsection (a) <arbitration is
    2-8  requested; and>
    2-9              <(2)  be a written agreement to arbitrate>.
   2-10        SECTION 4.  Sections 174.154(a) and (b), Local Government
   2-11  Code, are amended to read as follows:
   2-12        (a)  Not later than the fifth day after the date a written
   2-13  notice <an agreement> to arbitrate is received <executed>, each
   2-14  party shall:
   2-15              (1)  select one arbitrator; and
   2-16              (2)  immediately notify the other party in writing of
   2-17  the name and address of the arbitrator selected.
   2-18        (b)  Not later than the 10th day after the date a written
   2-19  notice <an agreement> to arbitrate is received <executed>, the
   2-20  arbitrators named under Subsection (a) shall attempt to select a
   2-21  third (neutral) arbitrator.  If the arbitrators are unable to agree
   2-22  on a third arbitrator, either party may request the American
   2-23  Arbitration Association to select the third arbitrator, and the
   2-24  American Arbitration Association may appoint the third arbitrator
   2-25  according to its fair and regular procedures.  Unless both parties
   2-26  consent, the third arbitrator may not be the same individual who
   2-27  served as a mediator under Section 174.151.
    3-1        SECTION 5.  Sections 174.163 and 174.252, Local Government
    3-2  Code, are repealed.
    3-3        SECTION 6.  The changes in law made by this Act to
    3-4  arbitration procedures under Subchapter E, Chapter 174, Local
    3-5  Government Code, apply only to contract negotiations begun on or
    3-6  after the effective date of this Act.  Contract negotiations that
    3-7  began before the effective date of this Act are governed by the law
    3-8  in effect when the negotiations began, and that law is continued in
    3-9  effect for that purpose.
   3-10        SECTION 7.  This Act takes effect September 1, 1995.
   3-11        SECTION 8.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended.