Texas 2011 - 82nd Regular

Texas House Bill HB554 Compare Versions

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1	1	By: Howard of Travis, Rodriguez H.B. No. 554
2	2	(Senate Sponsor - Watson)
3	3	(In the Senate - Received from the House May 4, 2011;
4	4	May 5, 2011, read first time and referred to Committee on
5	5	Intergovernmental Relations; May 19, 2011, reported favorably by
6	6	the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the civil service status of emergency medical services
12	12	personnel in certain municipalities.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 143, Local Government Code, is amended
15	15	by adding Subchapter K to read as follows:
16	16	SUBCHAPTER K. CIVIL SERVICE STATUS OF EMERGENCY MEDICAL SERVICES
17	17	PERSONNEL IN CERTAIN MUNICIPALITIES
18	18	Sec. 143.401. APPLICABILITY. (a) This subchapter applies
19	19	only to a municipality:
20	20	(1) with a population of 460,000 or more that operates
21	21	under a city manager form of government; and
22	22	(2) that employs emergency medical services personnel
23	23	in a municipal department other than the fire department.
24	24	(b) In this subchapter, "emergency medical services
25	25	personnel" has the meaning assigned by Section 773.003, Health and
26	26	Safety Code. The term applies only to an individual certified under
27	27	Chapter 773, Health and Safety Code.
28	28	Sec. 143.402. ELECTION TO ADOPT OR REPEAL SUBCHAPTER.
29	29	(a) A municipality may hold an election to adopt or repeal this
30	30	subchapter as provided by this section.
31	31	(b) If the governing body of the municipality receives a
32	32	petition requesting an election that is signed by a number of
33	33	registered voters who reside in the municipality equal to at least
34	34	10 percent of the number of voters who voted in the most recent
35	35	municipal general election, the governing body shall order an
36	36	election submitting to the voters the question of whether this
37	37	subchapter should be adopted. The election must be held on the
38	38	first authorized uniform election date prescribed by Chapter 41,
39	39	Election Code, that occurs after the petition is filed and that
40	40	allows sufficient time to comply with other requirements of law.
41	41	(c) The ballot shall be printed to provide for voting for or
42	42	against the proposition: "Adoption of the emergency medical
43	43	services personnel civil service law." If a majority of the votes
44	44	received in the election favor adoption of this subchapter, the
45	45	governing body shall implement this subchapter.
46	46	(d) A petition for a subsequent election to be held under
47	47	Subsection (b) may not be filed for at least one year after the date
48	48	of a previous election under that subsection. To be valid, a
49	49	petition for a subsequent election must contain the signatures of a
50	50	number of registered voters who reside in the municipality equal to
51	51	at least 20 percent of the number of voters who voted in the most
52	52	recent municipal general election. Any subsequent election must be
53	53	held at the next municipal general election that occurs after the
54	54	petition is filed.
55	55	(e) If the governing body of a municipality that has
56	56	operated under this subchapter for at least one year receives a
57	57	petition requesting an election to repeal this subchapter that is
58	58	signed by at least 10 percent of the registered voters who reside in
59	59	the municipality, the governing body shall order an election
60	60	submitting to the voters the question of whether this subchapter
61	61	should be repealed. If a majority of the votes received favor
62	62	repeal of this subchapter, this subchapter is void in that
63	63	municipality.
64	64	Sec. 143.403. STATUS OF EMPLOYEES IF SUBCHAPTER ADOPTED.
65	65	(a) Each person who is employed for more than six months as
66	66	emergency medical services personnel serving in a municipality at
67	67	the time this subchapter is adopted in the municipality and who is
68	68	entitled to civil service classification has the status of a civil
69	69	service employee and is not required to take a competitive
70	70	examination to remain in the position the person occupies at the
71	71	time of the adoption.
72	72	(b) On adoption of this subchapter, the governing body of
73	73	the municipality employing emergency medical services personnel
74	74	shall classify the personnel in accordance with Section 143.021 and
75	75	the duties performed by the personnel.
76	76	(c) To the extent it can be made applicable, each provision
77	77	of this chapter, including the provisions relating to eligibility
78	78	lists, examinations, promotions, appointments, educational
79	79	incentive pay, longevity or seniority pay, certification pay,
80	80	assignment pay, salary, vacation leave, and disciplinary appeals,
81	81	applies to emergency medical services personnel covered by this
82	82	subchapter.
83	83	SECTION 2. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2011.
88	88	* * * * *