By: Howard of Travis, Rodriguez H.B. No. 554
(Senate Sponsor - Watson)
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 19, 2011, reported favorably by
the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the civil service status of emergency medical services
personnel in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 143, Local Government Code, is amended
by adding Subchapter K to read as follows:
SUBCHAPTER K. CIVIL SERVICE STATUS OF EMERGENCY MEDICAL SERVICES
PERSONNEL IN CERTAIN MUNICIPALITIES
Sec. 143.401. APPLICABILITY. (a) This subchapter applies
only to a municipality:
(1) with a population of 460,000 or more that operates
under a city manager form of government; and
(2) that employs emergency medical services personnel
in a municipal department other than the fire department.
(b) In this subchapter, "emergency medical services
personnel" has the meaning assigned by Section 773.003, Health and
Safety Code. The term applies only to an individual certified under
Chapter 773, Health and Safety Code.
Sec. 143.402. ELECTION TO ADOPT OR REPEAL SUBCHAPTER.
(a) A municipality may hold an election to adopt or repeal this
subchapter as provided by this section.
(b) If the governing body of the municipality receives a
petition requesting an election that is signed by a number of
registered voters who reside in the municipality equal to at least
10 percent of the number of voters who voted in the most recent
municipal general election, the governing body shall order an
election submitting to the voters the question of whether this
subchapter should be adopted. The election must be held on the
first authorized uniform election date prescribed by Chapter 41,
Election Code, that occurs after the petition is filed and that
allows sufficient time to comply with other requirements of law.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "Adoption of the emergency medical
services personnel civil service law." If a majority of the votes
received in the election favor adoption of this subchapter, the
governing body shall implement this subchapter.
(d) A petition for a subsequent election to be held under
Subsection (b) may not be filed for at least one year after the date
of a previous election under that subsection. To be valid, a
petition for a subsequent election must contain the signatures of a
number of registered voters who reside in the municipality equal to
at least 20 percent of the number of voters who voted in the most
recent municipal general election. Any subsequent election must be
held at the next municipal general election that occurs after the
petition is filed.
(e) If the governing body of a municipality that has
operated under this subchapter for at least one year receives a
petition requesting an election to repeal this subchapter that is
signed by at least 10 percent of the registered voters who reside in
the municipality, the governing body shall order an election
submitting to the voters the question of whether this subchapter
should be repealed. If a majority of the votes received favor
repeal of this subchapter, this subchapter is void in that
municipality.
Sec. 143.403. STATUS OF EMPLOYEES IF SUBCHAPTER ADOPTED.
(a) Each person who is employed for more than six months as
emergency medical services personnel serving in a municipality at
the time this subchapter is adopted in the municipality and who is
entitled to civil service classification has the status of a civil
service employee and is not required to take a competitive
examination to remain in the position the person occupies at the
time of the adoption.
(b) On adoption of this subchapter, the governing body of
the municipality employing emergency medical services personnel
shall classify the personnel in accordance with Section 143.021 and
the duties performed by the personnel.
(c) To the extent it can be made applicable, each provision
of this chapter, including the provisions relating to eligibility
lists, examinations, promotions, appointments, educational
incentive pay, longevity or seniority pay, certification pay,
assignment pay, salary, vacation leave, and disciplinary appeals,
applies to emergency medical services personnel covered by this
subchapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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