By: Collier H.B. No. 2672       A BILL TO BE ENTITLED   AN ACT   relating to the relationship between public employers and fire and   police employees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 174.002(a) and (d), Local Government   Code, are amended to read as follows:          (a)  The policy of this state is that a political subdivision   shall provide its fire fighters and police officers with   compensation and other conditions of employment that are   substantially equal to [the same as] compensation and   other   conditions of employment that prevail [prevailing] in comparable   fire and police departments [private sector employment].          (d)  Because of the essential and emergency nature of the   public service performed by fire fighters and police officers, a   reasonable alternative to strikes is a system of arbitration   conducted under adequate legislative standards. [Another   reasonable alternative, if the parties fail to agree to arbitrate,   is judicial enforcement of the requirements of this chapter   regarding compensation and conditions of employment applicable to   fire fighters and police officers.]          SECTION 2.  Section 174.021, Local Government Code, is   amended to read as follows:          Sec. 174.021.  COMPENSATION [PREVAILING WAGE] AND WORKING   CONDITIONS REQUIRED. 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 fire or police   departments, as applicable [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].          SECTION 3.  The heading to Section 174.153, Local Government   Code, is amended to read as follows:          Sec. 174.153.  BINDING INTEREST [REQUEST FOR] ARBITRATION   REQUIRED [; AGREEMENT TO ARBITRATE].          SECTION 4.  Section 174.153, Local Government Code, is   amended by amending Subsections (a) and (b), by adding Subsection   (b-1), and renumbering Subsection (d) to read as follows:          (a)  A public employer and [or] an association that is a   bargaining agent shall submit to binding interest [may request the   appointment of an] arbitration [board] if[:                [(1)] the parties:                (1) [(A)]  reach an impasse in collective bargaining;   or                (2) [(B)]  are unable to settle after the 61st day   after the date 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].          (b)  Each party shall send to the other party a written   notice specifying each issue in dispute for purposes of binding [A   request for] arbitration [must be made] not later than the fifth day   after:                (1)  the date an impasse was reached under Section   174.152; [or]                (2)  the expiration of an extension period under   Section 174.152; or                (3)  the expiration of the period described by   Subsection (a)(2).          (b-1)  A notice under Subsection (b) is considered sent on   the date the notice is placed in the mail or personally delivered to   the person authorized to accept service on behalf of the respective   party.          (c)[(d)]  A party may not request arbitration more than once   in a fiscal year.          SECTION 5.  Sections 174.154(a) and (b), Local Government   Code, are amended to read as follows:          (a)  Not later than the fifth day after the date a party sends   the notice required under Section 174.153, 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 their successors in   function. The bargaining agent and the municipality, or their   designees, may agree on one of the seven neutral arbitrators on the   list. If they do not agree within five working days after the date   they 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. [an agreement to arbitrate is executed, each party   shall:                (1)  select one arbitrator; and                (2)     immediately notify the other party in writing of   the name and address of the arbitrator selected.          (b)     Not later than the 10th day after the date an agreement   to arbitrate is executed, the arbitrators named under Subsection   (a) shall attempt to select a third (neutral) arbitrator. If the   arbitrators are unable to agree on a third arbitrator, either party   may request the American Arbitration Association to select the   third arbitrator, and the American Arbitration Association may   appoint the third arbitrator according to its fair and regular   procedures. Unless both parties consent, the third arbitrator may   not be the same individual who served as a mediator under Section   174.151.]          SECTION 6.  Sections 174.153(c), 174.163, and 174.252, Local   Government Code, are repealed.          SECTION 7.  This Act takes effect September 1, 2017.