Texas 2009 - 81st Regular

Texas Senate Bill SB1896 Compare Versions

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1	1	S.B. No. 1896
2	2
3	3
4	4	AN ACT
5	5	relating to the employment of firefighters and police officers and
6	6	the provision of emergency medical services in certain
7	7	municipalities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 143, Local Government
10	10	Code, is amended by adding Section 143.0052 to read as follows:
11	11	Sec. 143.0052. FEE FOR EMERGENCY MEDICAL SERVICES.
12	12	(a) This section applies only to a municipality that:
13	13	(1) has a population of more than 200,000 and less than
14	14	250,000;
15	15	(2) is located in a county in which another
16	16	municipality that has a population of more than one million is
17	17	predominately located; and
18	18	(3) whose emergency medical services are administered
19	19	by a fire department.
20	20	(b) By resolution of its governing body, a municipality may
21	21	establish a monthly fee for the costs of emergency medical
22	22	services, including salary and overtime related to medical
23	23	personnel. This fee is applicable to each and every customer served
24	24	by a municipal water account and may be collected in conjunction
25	25	with the bill for water services.
26	26	(c) A municipality acting under this section supersedes any
27	27	authority established under Chapter 286, Health and Safety Code.
28	28	SECTION 2. Subsection (a), Section 143.127, Local
29	29	Government Code, is amended to read as follows:
30	30	(a) Except as otherwise provided by this subsection, a [A]
31	31	fire fighter or police officer may file a grievance as provided by
32	32	this subchapter[. The fire fighter or police officer may file a
33	33	grievance] that relates to any aspect of the fire fighter's or
34	34	police officer's employment covered by this chapter [the same
35	35	aspects of the person's employment over which the civil service
36	36	commission for the employees of the municipality who are not
37	37	subject to this chapter would have lawful jurisdiction, including
38	38	but not limited to a written or oral reprimand, transfers, job
39	39	performance reviews, and job assignments]. The fire fighter or
40	40	police officer may not file a grievance relating to:
41	41	(1) a disciplinary suspension, indefinite suspension,
42	42	promotional pass over, or demotion or other action or decision for
43	43	which a hearing, review, or appeal is otherwise provided by this
44	44	chapter; or
45	45	(2) an allegation of discrimination based, in whole or
46	46	in part, on race, color, religion, sex, or national origin.
47	47	SECTION 3. Section 143.128, Local Government Code, is
48	48	amended by amending Subsection (a) and adding Subsection (f) to
49	49	read as follows:
50	50	(a) To begin a grievance action, a fire fighter or police
51	51	officer must file a completed written step I grievance form with the
52	52	person's department head or departmental grievance counselor
53	53	within 30 days after the date the fire fighter or police officer
54	54	knew or should have known of the action or inaction for which the
55	55	person feels aggrieved occurred. A step I grievance form may be
56	56	obtained from the departmental grievance counselor. If the form is
57	57	not timely filed, the grievance is waived.
58	58	(f) If the supervisor does not provide the response required
59	59	by Subsection (d) before the 16th day after the date the meeting
60	60	occurs, the department head shall sustain the fire fighter's or
61	61	police officer's grievance.
62	62	SECTION 4. Section 143.129, Local Government Code, is
63	63	amended by adding Subsection (e) to read as follows:
64	64	(e) If the department head or the department head's
65	65	representative does not provide the response required by Subsection
66	66	(c) before the 16th day after the date the meeting occurs, the
67	67	department head shall sustain the fire fighter's or police
68	68	officer's grievance.
69	69	SECTION 5. Section 147.002, Local Government Code, is
70	70	amended to read as follows:
71	71	Sec. 147.002. DEFINITIONS. In this chapter:
72	72	(1) "Firefighter" means a firefighter employed by the
73	73	municipality who is covered by the municipality's fire pension plan
74	74	and is classified by the municipality as nonexempt [exempt]. The
75	75	term does not include a firefighter with a rank that is above that
76	76	of battalion chief or section chief.
77	77	(2) "Firefighter employee group" means an
78	78	organization:
79	79	(A) in which, on or before September 1, 2007,
80	80	firefighters of the municipality have participated and paid dues
81	81	via automatic payroll deduction [for at least one year]; and
82	82	(B) that exists for the purpose, in whole or in
83	83	part, of dealing with the municipality concerning grievances, labor
84	84	disputes, wages, rates of pay, hours of employment, or conditions
85	85	of employment affecting firefighters.
86	86	(3) "Police officer" means a sworn police officer
87	87	employed by the municipality who is covered by the municipality's
88	88	police pension plan and is classified by the municipality as
89	89	nonexempt [exempt]. The term does not include a police officer with
90	90	a rank above that of captain, a civilian, or a municipal marshal.
91	91	(4) "Police officer employee group" means an
92	92	organization:
93	93	(A) in which, on or before September 1, 2007, at
94	94	least three percent of the police officers of the municipality have
95	95	participated and paid dues via automatic payroll deduction [for at
96	96	least one year]; and
97	97	(B) that exists for the purpose, in whole or in
98	98	part, of dealing with the municipality concerning grievances, labor
99	99	disputes, wages, rates of pay, hours of employment, or conditions
100	100	of employment affecting police officers.
101	101	SECTION 6. The changes in law made by this Act to Sections
102	102	143.127, 143.128, and 143.129, Local Government Code, apply only to
103	103	grievances filed on or after the effective date of this Act. A
104	104	grievance filed before the effective date of this Act is governed by
105	105	the law in effect on the date the grievance was filed, and the
106	106	former law is continued in effect for that purpose.
107	107	SECTION 7. This Act takes effect September 1, 2009.
108	108	______________________________ ______________________________
109	109	President of the Senate Speaker of the House
110	110	I hereby certify that S.B. No. 1896 passed the Senate on
111	111	April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
112	112	the Senate concurred in House amendments on May 30, 2009, by the
113	113	following vote: Yeas 31, Nays 0.
114	114	______________________________
115	115	Secretary of the Senate
116	116	I hereby certify that S.B. No. 1896 passed the House, with
117	117	amendments, on May 26, 2009, by the following vote: Yeas 82,
118	118	Nays 64, one present not voting.
119	119	______________________________
120	120	Chief Clerk of the House
121	121	Approved:
122	122	______________________________
123	123	Date
124	124	______________________________
125	125	Governor