S.B. No. 1896
AN ACT
relating to the employment of firefighters and police officers and
the provision of emergency medical services in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 143, Local Government
Code, is amended by adding Section 143.0052 to read as follows:
Sec. 143.0052. FEE FOR EMERGENCY MEDICAL SERVICES.
(a) This section applies only to a municipality that:
(1) has a population of more than 200,000 and less than
250,000;
(2) is located in a county in which another
municipality that has a population of more than one million is
predominately located; and
(3) whose emergency medical services are administered
by a fire department.
(b) By resolution of its governing body, a municipality may
establish a monthly fee for the costs of emergency medical
services, including salary and overtime related to medical
personnel. This fee is applicable to each and every customer served
by a municipal water account and may be collected in conjunction
with the bill for water services.
(c) A municipality acting under this section supersedes any
authority established under Chapter 286, Health and Safety Code.
SECTION 2. Subsection (a), Section 143.127, Local
Government Code, is amended to read as follows:
(a) Except as otherwise provided by this subsection, a [A]
fire fighter or police officer may file a grievance as provided by
this subchapter[. The fire fighter or police officer may file a
grievance] that relates to any aspect of the fire fighter's or
police officer's employment covered by this chapter [the same
aspects of the person's employment over which the civil service
commission for the employees of the municipality who are not
subject to this chapter would have lawful jurisdiction, including
but not limited to a written or oral reprimand, transfers, job
performance reviews, and job assignments]. The fire fighter or
police officer may not file a grievance relating to:
(1) a disciplinary suspension, indefinite suspension,
promotional pass over, or demotion or other action or decision for
which a hearing, review, or appeal is otherwise provided by this
chapter; or
(2) an allegation of discrimination based, in whole or
in part, on race, color, religion, sex, or national origin.
SECTION 3. Section 143.128, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (f) to
read as follows:
(a) To begin a grievance action, a fire fighter or police
officer must file a completed written step I grievance form with the
person's department head or departmental grievance counselor
within 30 days after the date the fire fighter or police officer
knew or should have known of the action or inaction for which the
person feels aggrieved occurred. A step I grievance form may be
obtained from the departmental grievance counselor. If the form is
not timely filed, the grievance is waived.
(f) If the supervisor does not provide the response required
by Subsection (d) before the 16th day after the date the meeting
occurs, the department head shall sustain the fire fighter's or
police officer's grievance.
SECTION 4. Section 143.129, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) If the department head or the department head's
representative does not provide the response required by Subsection
(c) before the 16th day after the date the meeting occurs, the
department head shall sustain the fire fighter's or police
officer's grievance.
SECTION 5. Section 147.002, Local Government Code, is
amended to read as follows:
Sec. 147.002. DEFINITIONS. In this chapter:
(1) "Firefighter" means a firefighter employed by the
municipality who is covered by the municipality's fire pension plan
and is classified by the municipality as nonexempt [exempt]. The
term does not include a firefighter with a rank that is above that
of battalion chief or section chief.
(2) "Firefighter employee group" means an
organization:
(A) in which, on or before September 1, 2007,
firefighters of the municipality have participated and paid dues
via automatic payroll deduction [for at least one year]; and
(B) that exists for the purpose, in whole or in
part, of dealing with the municipality concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions
of employment affecting firefighters.
(3) "Police officer" means a sworn police officer
employed by the municipality who is covered by the municipality's
police pension plan and is classified by the municipality as
nonexempt [exempt]. The term does not include a police officer with
a rank above that of captain, a civilian, or a municipal marshal.
(4) "Police officer employee group" means an
organization:
(A) in which, on or before September 1, 2007, at
least three percent of the police officers of the municipality have
participated and paid dues via automatic payroll deduction [for at
least one year]; and
(B) that exists for the purpose, in whole or in
part, of dealing with the municipality concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions
of employment affecting police officers.
SECTION 6. The changes in law made by this Act to Sections
143.127, 143.128, and 143.129, Local Government Code, apply only to
grievances filed on or after the effective date of this Act. A
grievance filed before the effective date of this Act is governed by
the law in effect on the date the grievance was filed, and the
former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1896 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendments on May 30, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1896 passed the House, with
amendments, on May 26, 2009, by the following vote: Yeas 82,
Nays 64, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor