By:  Gallegos                                         S.B. No. 1578
         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
 1-6     Code, is amended by adding the following:
 1-7           143.210.  Request for Arbitration; Agreement to Arbitrate.
 1-8           (a)  A public employer or an association that is a bargaining
 1-9     agent may request the appointment of an arbitration board if:
1-10                 (1)  the parties:
1-11                       (A)  reach an impasse in bargaining; or
1-12                       (B)  are unable to settle after the appropriate
1-13     lawmaking body fails to approve a contract reached through
1-14     bargaining;
1-15                 (2)  the parties made every reasonable effort to settle
1-16     the dispute through good-faith bargaining; and
1-17                 (3)  the public employer or association gives written
1-18     notice to the other party, specifying the issue in dispute.
1-19           (b)  A request for arbitration must be made not later than
1-20     the fifth day after:
1-21                 (1)  the date an impasse was reached; or
1-22                 (2)  the expiration of an extension period.
1-23           (c)  An election by both parties to arbitrate must:
 2-1                 (1)  be made not later than the fifth day after the
 2-2     date arbitration is requested; and
 2-3                 (2)  be a written agreement to arbitrate.
 2-4           (d)  A party may not request arbitration more than once in a
 2-5     fiscal year.
 2-6     Sec. 176.154.  Arbitration Board.
 2-7           (a)  Not later than the fifth day after the date an agreement
 2-8     to arbitrate is executed, each party shall:
 2-9                 (1)  select one arbitrator; and
2-10                 (2)  immediately notify the other party in writing of
2-11     the name and address of the arbitrator selected.
2-12           (b)  Not later than the 10th day after the date an agreement
2-13     to arbitrate is executed, the arbitrators named under Subsection
2-14     (a) shall attempt to select a third (neutral) arbitrator.  If the
2-15     arbitrators are unable to agree on a third arbitrator, either party
2-16     may request the American Arbitration Association to select the
2-17     third arbitrator, and the American Arbitration Association may
2-18     appoint the third arbitrator according to its fair and regular
2-19     procedures.
2-20           (c)  The arbitrator selected under Subsection (b) presides
2-21     over the arbitration board.
2-22     Sec. 176.155.  Arbitration Hearing.
2-23           (a)  A presiding arbitrator shall:
2-24                 (1)  call a hearing to be held not later than the 10th
2-25     day after the date on which the presiding arbitrator is appointed;
2-26     and
 3-1                 (2)  notify the other arbitrators, the public employer,
 3-2     and the association in writing of the time and place of the
 3-3     hearing, not later than the eighth day before the hearing.
 3-4           (b)  An arbitration hearing shall end not later than the 20th
 3-5     day after the date the hearing begins.
 3-6           (c)  An arbitration hearing shall be informal.
 3-7     Sec. 176.156.  Scope of Arbitration.
 3-8           (a)  The issues to be arbitrated are all matters the parties
 3-9     are unable to resolve through bargaining and procedures required by
3-10     this chapter.
3-11           (b)  An arbitration board shall render an award in accordance
3-12     with the requirements of Section 176.021.  In settling disputes
3-13     relating to compensation, hours, and other conditions of
3-14     employment, the board shall consider:
3-15                 (1)  hazards of employment;
3-16                 (2)  physical qualifications;
3-17                 (3)  educational qualifications;
3-18                 (4)  mental qualifications;
3-19                 (5)  job training;
3-20                 (6)  skills; and
3-21                 (7)  other factors.
3-22                 SECTION 2.  This Act takes effect September 1, 2001.