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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation and employment condition standards by |
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municipal charter or collective bargaining agreement and to impasse |
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resolution in collective bargaining with certain political |
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subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 174.005, Local Government Code, is |
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amended to read as follows: |
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Sec. 174.005. PREEMPTION OF OTHER LAW. Except as provided |
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by this chapter, this [This] chapter preempts all contrary local |
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ordinances, executive orders, legislation, or rules adopted by the |
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state or by a political subdivision or agent of the state, including |
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a personnel board, civil service commission, or home-rule |
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municipality. |
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SECTION 2. Section 174.021, Local Government Code, is |
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amended to read as follows: |
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Sec. 174.021. PREVAILING WAGE AND WORKING CONDITIONS |
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REQUIRED; EXCEPTION. (a) Except as provided by Subsection (b), a |
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[A] political subdivision that employs fire fighters, police |
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officers, or both, shall provide those employees with compensation |
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and other conditions of employment that are: |
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(1) substantially equal to compensation and other |
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conditions of employment that prevail in comparable employment in |
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the private sector; and |
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(2) based on prevailing private sector compensation |
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and conditions of employment in the labor market area in other jobs |
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that require the same or similar skills, ability, and training and |
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may be performed under the same or similar conditions. |
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(b) A political subdivision that employs fire fighters is |
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considered to be in compliance with the requirements of Subsection |
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(a) if the political subdivision provides those fire fighters with |
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compensation and other conditions of employment that comply with |
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the standards for compensation and other conditions of employment |
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contained in: |
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(1) except as provided by Subdivision (2), if the |
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political subdivision is a municipality, the municipality's |
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charter; or |
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(2) if a collective bargaining agreement under this |
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chapter is in effect, that agreement. |
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SECTION 3. The heading to Subchapter E, Chapter 174, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER E. MEDIATION; IMPASSE RESOLUTION [ARBITRATION] |
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SECTION 4. Section 174.153(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Sections [Section] 174.1535 and |
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174.165, a public employer or an association that is a bargaining |
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agent may request the appointment of an arbitration board if: |
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(1) the parties: |
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(A) reach an impasse in collective bargaining; or |
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(B) are unable to settle after the appropriate |
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lawmaking body fails to approve a contract reached through |
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collective bargaining; |
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(2) the parties made every reasonable effort, |
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including mediation, to settle the dispute through good-faith |
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collective bargaining; and |
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(3) the public employer or association gives written |
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notice to the other party, specifying the issue in dispute. |
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SECTION 5. Section 174.1535(b), Local Government Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 174.165, a [A] public |
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employer and an association that is a bargaining agent shall submit |
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to binding interest arbitration if the parties: |
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(1) reach an impasse in collective bargaining; or |
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(2) are unable to settle after the 61st day after the |
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date the appropriate lawmaking body fails to approve a contract |
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reached through collective bargaining. |
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SECTION 6. Section 174.156(b), Local Government Code, is |
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amended to read as follows: |
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(b) An arbitration board shall render an award in accordance |
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with the requirements of Section 174.021. In settling disputes |
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relating to compensation, hours, and other conditions of |
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employment, the board shall consider: |
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(1) hazards of employment; |
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(2) physical qualifications; |
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(3) educational qualifications; |
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(4) mental qualifications; |
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(5) job training; |
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(6) skills; |
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(7) to the extent applicable, a municipality's charter |
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or a collective bargaining agreement; and |
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(8) [(7)] other factors. |
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SECTION 7. Section 174.158, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) An award rendered under this section must be made |
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effective for the period for which the public employer and the |
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association are bargaining. The period may exceed one year. |
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SECTION 8. Section 174.163, Local Government Code, is |
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amended to read as follows: |
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Sec. 174.163. COMPULSORY ARBITRATION NOT REQUIRED; |
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EXCEPTIONS. Except as provided by Sections 174.1535 and 174.165, |
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this [This] chapter does not require compulsory arbitration. |
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SECTION 9. Subchapter E, Chapter 174, Local Government |
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Code, is amended by adding Section 174.165 to read as follows: |
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Sec. 174.165. OTHER IMPASSE RESOLUTION FOR FIRE FIGHTERS |
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UNDER MUNICIPAL CHARTER OR COLLECTIVE BARGAINING AGREEMENT. (a) |
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This section applies only to: |
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(1) except as provided by Subdivision (2), if a |
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municipality has a charter that provides for the resolution of an |
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impasse in a collective bargaining process governed by this chapter |
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involving a public employer of the municipality and an association |
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that is a bargaining agent for employees of the public employer, |
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that public employer and bargaining agent; or |
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(2) if a collective bargaining agreement under this |
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chapter is in effect and provides for the resolution of an impasse |
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in a collective bargaining process governed by this chapter |
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involving a public employer of a political subdivision and an |
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association that is the bargaining agent for the fire fighters of |
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the public employer, that public employer and bargaining agent. |
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(b) A public employer and an association that is a |
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bargaining agent for fire fighters shall submit to the impasse |
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resolution mechanism contained in the charter or agreement |
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described by Subsection (a), as applicable, if the parties: |
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(1) reach an impasse in collective bargaining; or |
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(2) are unable to settle after the 61st day after the |
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date the appropriate lawmaking body fails to approve a contract |
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reached through collective bargaining. |
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(c) A provision of this subchapter relating to arbitration |
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does not apply to the impasse resolution mechanism described by |
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Subsection (b), unless the charter or agreement described by |
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Subsection (a), as applicable, specifically provides otherwise. To |
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the extent of any conflict, the charter or agreement, as |
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applicable, prevails over any provision of this subchapter. |
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SECTION 10. The change in law made by this Act applies only |
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to a municipal charter, collective bargaining agreement, or |
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arbitration award that is in effect on or after the effective date |
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of this Act. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2025. |