89R2665 MP-F     By: Lujan H.B. No. 3171       A BILL TO BE ENTITLED   AN ACT   relating to compensation and employment condition standards by   municipal charter or collective bargaining agreement and to impasse   resolution in collective bargaining with certain political   subdivisions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 174.005, Local Government Code, is   amended to read as follows:          Sec. 174.005.  PREEMPTION OF OTHER LAW.  Except as provided   by this chapter, this [This] chapter preempts all contrary local   ordinances, executive orders, legislation, or rules adopted by the   state or by a political subdivision or agent of the state, including   a personnel board, civil service commission, or home-rule   municipality.          SECTION 2.  Section 174.021, Local Government Code, is   amended to read as follows:          Sec. 174.021.  PREVAILING WAGE AND WORKING CONDITIONS   REQUIRED; EXCEPTION.  (a) Except as provided by Subsection (b), a   [A] political subdivision that employs fire fighters, police   officers, or both, shall provide those employees with compensation   and other conditions of employment that are:                (1)  substantially equal to compensation and other   conditions of employment that prevail in comparable employment in   the private sector; and                (2)  based on prevailing private sector compensation   and conditions of employment in the labor market area in other jobs   that require the same or similar skills, ability, and training and   may be performed under the same or similar conditions.          (b)  A political subdivision that employs fire fighters is   considered to be in compliance with the requirements of Subsection   (a) if the political subdivision provides those fire fighters with   compensation and other conditions of employment that comply with   the standards for compensation and other conditions of employment   contained in:                (1)  except as provided by Subdivision (2), if the   political subdivision is a municipality, the municipality's   charter; or                (2)  if a collective bargaining agreement under this   chapter is in effect, that agreement.          SECTION 3.  The heading to Subchapter E, Chapter 174, Local   Government Code, is amended to read as follows:   SUBCHAPTER E. MEDIATION; IMPASSE RESOLUTION [ARBITRATION]          SECTION 4.  Section 174.153(a), Local Government Code, is   amended to read as follows:          (a)  Except as provided by Sections [Section] 174.1535 and   174.165, a public employer or an association that is a bargaining   agent may request the appointment of an arbitration board if:                (1)  the parties:                      (A)  reach an impasse in collective bargaining; or                      (B)  are unable to settle after the appropriate   lawmaking body fails to approve a contract reached through   collective bargaining;                (2)  the parties made every reasonable effort,   including mediation, to settle the dispute through good-faith   collective bargaining; and                (3)  the public employer or association gives written   notice to the other party, specifying the issue in dispute.          SECTION 5.  Section 174.1535(b), Local Government Code, is   amended to read as follows:          (b)  Except as provided by Section 174.165, a [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.          SECTION 6.  Section 174.156(b), Local Government Code, is   amended to read as follows:          (b)  An arbitration board 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 board shall consider:                (1)  hazards of employment;                (2)  physical qualifications;                (3)  educational qualifications;                (4)  mental qualifications;                (5)  job training;                (6)  skills;                (7)  to the extent applicable, a municipality's charter   or a collective bargaining agreement; and                (8) [(7)]  other factors.          SECTION 7.  Section 174.158, Local Government Code, is   amended by adding Subsection (e) to read as follows:          (e)  An award rendered under this section must be made   effective for the period for which the public employer and the   association are bargaining.  The period may exceed one year.          SECTION 8.  Section 174.163, Local Government Code, is   amended to read as follows:          Sec. 174.163.  COMPULSORY ARBITRATION NOT REQUIRED;   EXCEPTIONS.  Except as provided by Sections 174.1535 and 174.165,   this [This] chapter does not require compulsory arbitration.          SECTION 9.  Subchapter E, Chapter 174, Local Government   Code, is amended by adding Section 174.165 to read as follows:          Sec. 174.165.  OTHER IMPASSE RESOLUTION FOR FIRE FIGHTERS   UNDER MUNICIPAL CHARTER OR COLLECTIVE BARGAINING AGREEMENT. (a)   This section applies only to:                (1)  except as provided by Subdivision (2), if a   municipality has a charter that provides for the resolution of an   impasse in a collective bargaining process governed by this chapter   involving a public employer of the municipality and an association   that is a bargaining agent for employees of the public employer,   that public employer and bargaining agent; or                (2)  if a collective bargaining agreement under this   chapter is in effect and provides for the resolution of an impasse   in a collective bargaining process governed by this chapter   involving a public employer of a political subdivision and an   association that is the bargaining agent for the fire fighters of   the public employer, that public employer and bargaining agent.          (b)  A public employer and an association that is a   bargaining agent for fire fighters shall submit to the impasse   resolution mechanism contained in the charter or agreement   described by Subsection (a), as applicable, 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.          (c)  A provision of this subchapter relating to arbitration   does not apply to the impasse resolution mechanism described by   Subsection (b), unless the charter or agreement described by   Subsection (a), as applicable, specifically provides otherwise.  To   the extent of any conflict, the charter or agreement, as   applicable, prevails over any provision of this subchapter.          SECTION 10.  The change in law made by this Act applies only   to a municipal charter, collective bargaining agreement, or   arbitration award that is in effect on or after the effective date   of this Act.          SECTION 11.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.