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.