HB4065 - Relating to binding arbitration in collective bargaining for firefighters and police officers in certain political subdivisions.

  89R10877 DNC-F     By: McQueeney H.B. No. 4065       A BILL TO BE ENTITLED   AN ACT   relating to binding arbitration in collective bargaining for   firefighters and police officers in certain political   subdivisions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 174, Local Government Code, is amended   by adding Subchapter E-1 to read as follows:   SUBCHAPTER E-1. BINDING INTEREST ARBITRATION           Sec.   174.181.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies to a political subdivision that employs fire fighters,   police officers, or both except that this subchapter does not apply   to:                 (1)     a political subdivision that has adopted mandatory   binding interest arbitration or another mechanism to resolve   collective bargaining impasses through a referendum, municipal   charter amendment, or collective bargaining agreement before   January 1, 2025; or                 (2)     a municipality with a population of 1.9 million or   more unless this subchapter is adopted in an election held in the   municipality for that purpose under the procedures prescribed by   Subchapter C.           Sec.   174.182.     CONFLICT OF LAWS. To the extent of a conflict   between this subchapter and another provision of this chapter, this   subchapter controls.           Sec.   174.183.     BINDING INTEREST ARBITRATION REQUIRED.   (a)     Instead of submitting to arbitration under Subchapter E, a public   employer and an association that is a bargaining agent shall submit   to binding interest arbitration if the parties:                 (1)  reach an impasse in collective bargaining; or                 (2)     are unable to settle after the 61st day after the   date the appropriate lawmaking body fails to approve a contract   reached through collective bargaining.           (b)     The issues to be arbitrated are all matters the parties   are unable to resolve through collective bargaining and mediation   procedures required by this chapter.           Sec.   174.184.     NOTICE REQUIREMENTS.   (a)   Each party shall   provide to the other party a written notice specifying each issue in   dispute for purposes of binding interest arbitration not later than   the fifth day after the later of:                 (1)     the date an impasse was reached under Section   174.152;                 (2)     the expiration of an extension period under   Section 174.152; or                 (3)     the expiration of the period described by Section   174.183(a)(2).           (b)     Notice provided under Subsection (a) is considered sent   on the date the notice is placed in the mail, personally delivered,   or transmitted by e-mail or any other means of electronic transfer.           Sec.   174.185.     SELECTION OF ARBITRATOR.   Not later than the   fifth day after the date a party provides the notice required under   Section 174.184, the public employer shall immediately request a   list of seven qualified neutral arbitrators from the American   Arbitration Association or the Federal Mediation and Conciliation   Service, or a successor in function.   The bargaining agent and the   municipality, or their designees, may agree on one of the seven   arbitrators on the list.   If the parties do not select an arbitrator   before the sixth working day after the date the parties received the   list, each party or the party's designee shall alternate striking a   name from the list and the name remaining is the arbitrator.           Sec.   174.186.     POWERS AND DUTIES OF ARBITRATOR.   (a)   The   arbitrator shall:                 (1)  call a hearing to be:                       (A)     held not later than the 10th day after the   date on which the arbitrator is selected; and                       (B)     ended not later than the 20th day after the   date the hearing begins; and                 (2)     notify the public employer and the association in   writing of the time and place of the hearing, not later than the   eighth day before the hearing.           (b)     The arbitrator shall render an award in accordance with   the requirements of Section 174.021. In settling disputes relating   to compensation, hours, and other conditions of employment, the   arbitrator shall consider:                 (1)  hazards of employment;                 (2)  physical qualifications;                 (3)  educational qualifications;                 (4)  mental qualifications;                 (5)  job training;                 (6)  skills; and                 (7)  other factors.           (c)     The rules of evidence applicable to judicial   proceedings are not binding in an arbitration hearing.   The   arbitrator may:                 (1)     receive in evidence any documentary evidence or   other information the arbitrator considers relevant;                 (2)  administer oaths; and                 (3)  issue subpoenas to require:                       (A)     the attendance and testimony of witnesses;   and                       (B)     the production of books, records, and other   evidence relevant to an issue presented to the arbitrator for   determination.           Sec.   174.187.     AWARD.   (a)   Not later than the 10th day after   the date of the end of the hearing, the arbitrator shall:                 (1)  make written findings; and                 (2)     render a written award on the issues presented to   the arbitrator.           (b)     An increase in compensation awarded by the arbitrator   under this subchapter may take effect only at the beginning of the   next fiscal year after the date of the award.           Sec.   174.188.     EFFECT OF AWARD. If a decision of the   arbitrator is supported by competent, material, and substantial   evidence on the whole record, the decision:                 (1)  is final and binding on the parties; and                 (2)     may be enforced by either party or the arbitrator   in a district court for the judicial district in which a majority of   the affected employees reside.           Sec.   174.189.     BEGINNING OF NEW FISCAL YEAR. If a new fiscal   year begins after the initiation of arbitration procedures under   this subchapter but before an award is rendered or enforced:                 (1)  the dispute is not moot;                 (2)     the jurisdiction of the arbitrator is not   impaired; and                 (3)  the arbitration award is not impaired.           Sec.   174.190.     EXTENSION OF PERIOD. A period specified by   Section 174.184 or 174.185 may be extended:                 (1)     by the written agreement of the parties for a   reasonable period; or                 (2)     by the arbitrator for good cause for one or more   periods that in the aggregate do not exceed 20 days.           Sec.   174.191.     PAYMENT OF ARBITRATOR AND EXPENSES.   (a)   The   public employer and the association representing the employees   shall jointly pay in even proportions:                 (1)  the compensation of the arbitrator; and                 (2)     the stenographic and other expenses incurred by   the arbitrator in connection with the arbitration proceedings.           (b)     If a party to arbitration requires a transcript of the   arbitration proceedings, the party shall pay the cost of the   transcript.          SECTION 2.  Section 174.253, Local Government Code, is   amended to read as follows:          Sec. 174.253.  JUDICIAL REVIEW OF ARBITRATION AWARD. (a) An   award of an arbitrator [ arbitration board ] may be reviewed by a   district court in a  [ for the ] judicial district in which the   municipality is located only on the grounds that:                (1)  the arbitrator [ arbitration board ] was without   jurisdiction;                (2)  the arbitrator [ arbitration board ] exceeded the   arbitrator's  [ its ] jurisdiction;                (3)  the order is not supported by competent, material,   and substantial evidence on the whole record; or                (4)  the order was obtained by fraud, collusion, or   similar unlawful means.          (b)  The pendency of a review proceeding does not   automatically stay enforcement of the arbitrator's [ arbitration   board's ] order.          SECTION 3.  The following provisions of the Local Government   Code are repealed:                (1)  Section 174.153(c);                (2)  Sections 174.154(b) and (c);                (3)  Section 174.163;                (4)  Sections 174.164(a) and (b); and                (5)  Section 174.252.          SECTION 4.  This Act takes effect September 1, 2025.