By Bailey H.B. No. 3398 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to local control of fire fighters employment matters in 1-3 certain municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 143 Subchapter (H), Local Government Code, 1-6 is amended by adding the following: 1-7 Sec. 143.210. Request for Arbitration; Agreement to 1-8 Arbitrate. 1-9 (a) A public employer or an association that is a bargaining 1-10 agent may request the appointment of an arbitration board if: 1-11 (1) the parties: 1-12 (A) reach an impasse in bargaining; or 1-13 (B) are unable to settle after the appropriate 1-14 lawmaking body fails to approve a contract reached through 1-15 bargaining; 1-16 (2) the parties made every reasonable effort to settle 1-17 the dispute through good-faith bargaining; and 1-18 (3) the public employer or association gives written 1-19 notice to the other party, specifying the issue in dispute. 1-20 (b) A request for arbitration must be made not later than 1-21 the fifth day after: 1-22 (1) the date an impasse was reached; or 1-23 (2) the expiration of an extension period. 2-1 (c) An election by both parties to arbitrate must: 2-2 (1) be made not later than the fifth day after the 2-3 date arbitration is requested; and 2-4 (2) be a written agreement to arbitrate. 2-5 (d) A party may not request arbitration more than once in a 2-6 fiscal year. 2-7 Sec. 176.154. Arbitration Board. 2-8 (a) Not later than the fifth day after the date an agreement 2-9 to arbitrate is executed, each party shall: 2-10 (1) select one arbitrator; and 2-11 (2) immediately notify the other party in writing of 2-12 the name and address of the arbitrator selected. 2-13 (b) Not later than the 10th day after the date an agreement 2-14 to arbitrate is executed, the arbitrators named under Subsection 2-15 (a) shall attempt to select a third (neutral) arbitrator. If the 2-16 arbitrators are unable to agree on a third arbitrator, either party 2-17 may request the American Arbitration Association to select the 2-18 third arbitrator, and the American Arbitration Association may 2-19 appoint the third arbitrator according to its fair and regular 2-20 procedures. 2-21 (c) The arbitrator selected under Subsection (b) presides 2-22 over the arbitration board. 2-23 Sec. 176.155. Arbitration Hearing. 2-24 (a) A presiding arbitrator shall: 2-25 (1) call a hearing to be held not later than the 10th 2-26 day after the date on which the presiding arbitrator is appointed; 3-1 and 3-2 (2) notify the other arbitrators, the public employer, 3-3 and the association in writing of the time and place of the 3-4 hearing, not later than the eighth day before the hearing. 3-5 (b) An arbitration hearing shall end not later than the 20th 3-6 day after the date the hearing begins. 3-7 (c) An arbitration hearing shall be informal. 3-8 Sec. 176.156. Scope of Arbitration. 3-9 (a) The issues to be arbitrated are all matters the parties 3-10 are unable to resolve through bargaining and procedures required by 3-11 this chapter. 3-12 (b) An arbitration board shall render an award in accordance 3-13 with the requirements of Section 176.021. In settling disputes 3-14 relating to compensation, hours, and other conditions of 3-15 employment, the board shall consider: 3-16 (1) hazards of employment; 3-17 (2) physical qualifications; 3-18 (3) educational qualifications; 3-19 (4) mental qualifications; 3-20 (5) job training; 3-21 (6) skills; and 3-22 (7) other factors. 3-23 SECTION 2. This Act takes effect September 1, 2001.