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A BILL TO BE ENTITLED
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AN ACT
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relating to collective bargaining by firefighters and police |
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officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.0015(f), Local Government Code, is |
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amended to read as follows: |
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(f) Except as provided by Subsection (g) or (j), a police |
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officer may not be required to work: |
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(1) more than 40 hours during a calendar week in a |
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municipality that: |
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(A) has a population of more than one million; |
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and |
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(B) is not subject to Section 142.0017; [and
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[(C) has not adopted Chapter 174;] or |
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(2) in a municipality not described by Subdivision |
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(1), more hours during a calendar week than the number of hours in |
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the normal work week of the majority of the employees of the |
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municipality other than fire fighters and police officers. |
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SECTION 2. Section 142.013(a), Local Government Code, is |
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amended to read as follows: |
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(a) This section applies only to police officers employed by |
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a municipality with a population of one million or more [that has
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not adopted Chapter 174 and] to which Section 143.1261 does not |
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apply. |
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SECTION 3. Section 143.0051(a), Local Government Code, as |
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added by Chapter 129 (H.B. 263), Acts of the 79th Legislature, |
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Regular Session, 2005, is amended to read as follows: |
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(a) This section applies only to a fire department employee |
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employed by a municipality with a population of 220,000 or more. |
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[This section does not apply to a fire department employee employed
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by a municipality:
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[(1) that has adopted Chapter 174; or
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[(2) to which Subchapter H or I applies.] |
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SECTION 4. Subchapter A, Chapter 174, Local Government |
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Code, is amended by adding Section 174.009 to read as follows: |
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Sec. 174.009. EFFECT OF MEET AND CONFER AGREEMENTS. An |
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agreement reached under Subchapter B or C, Chapter 142, Subchapter |
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H, I, or J, Chapter 143, or Chapter 147 before September 1, 2011, |
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remains in effect until the earlier of: |
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(1) the date the agreement expires according to its |
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terms; or |
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(2) the date an agreement under this chapter is |
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ratified by the parties and becomes effective. |
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SECTION 5. Section 174.023, Local Government Code, is |
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amended to read as follows: |
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Sec. 174.023. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY. |
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Fire [On adoption of this chapter or the law codified by this
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chapter by a political subdivision to which this chapter applies,
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fire] fighters, police officers, or both are entitled to organize |
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and bargain collectively with their public employer regarding |
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compensation, hours, and other conditions of employment. |
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SECTION 6. The heading to Section 174.153, Local Government |
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Code, is amended to read as follows: |
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Sec. 174.153. REQUEST FOR ARBITRATION[; AGREEMENT TO
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ARBITRATE]. |
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SECTION 7. Sections 174.154(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) Not later than the fifth day after the date a request [an
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agreement] to arbitrate is made [executed], each party shall: |
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(1) select one arbitrator; and |
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(2) immediately notify the other party in writing of |
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the name and address of the arbitrator selected. |
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(b) Not later than the 10th day after the date a request [an
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agreement] to arbitrate is made [executed], the arbitrators named |
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under Subsection (a) shall attempt to select a third (neutral) |
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arbitrator. If the arbitrators are unable to agree on a third |
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arbitrator, either party may request the American Arbitration |
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Association to select the third arbitrator, and the American |
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Arbitration Association may appoint the third arbitrator according |
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to its fair and regular procedures. Unless both parties consent, |
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the third arbitrator may not be the same individual who served as a |
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mediator under Section 174.151. |
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SECTION 8. The following provisions are repealed: |
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(1) Subchapters B and C, Chapter 142, Local Government |
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Code; |
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(2) Subchapters H, I, and J, Chapter 143, Local |
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Government Code; |
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(3) Chapter 147, Local Government Code; |
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(4) Subchapter C, Chapter 174, Local Government Code; |
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(5) Section 174.153(c), Local Government Code; |
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(6) Section 174.163, Local Government Code; |
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(7) Section 174.252, Local Government Code; and |
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(8) Section 1.05, Chapter 183 (S.B. 598), Acts of the |
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64th Legislature, Regular Session, 1975 (Article 6243e.1, Vernon's |
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Texas Civil Statutes). |
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SECTION 9. This Act takes effect September 1, 2011. |