82R8921 NC-F
By: Gallegos S.B. No. 1747
A BILL TO BE ENTITLED
AN ACT
relating to the conditions of employment for firefighters employed
by certain emergency services districts; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Local Government Code, is
amended by adding Chapter 179A to read as follows:
CHAPTER 179A. CONDITIONS OF EMPLOYMENT FOR FIREFIGHTERS OF CERTAIN
EMERGENCY SERVICES DISTRICTS
Sec. 179A.001. DEFINITION. In this chapter, "firefighter"
means a person defined as fire protection personnel under Section
419.021, Government Code.
Sec. 179A.002. APPLICABILITY. (a) This chapter applies to
a fire department of and firefighters employed by an emergency
services district with a population of more than 50,000.
(b) For purposes of this chapter, a reference to a
municipality or a municipal official in a provision of law made
applicable by this chapter to an emergency services district is
considered to be a reference to the district or the official of the
district responsible for the performance of the duty to which the
provision applies.
Sec. 179A.003. PAYROLL DEDUCTIONS; LONGEVITY PAY;
CLASSIFICATION PAY; PENALTY. (a) Sections 141.008, 141.032, and
141.033 apply to a firefighter employed by an emergency services
district.
(b) The penalty under Section 141.035 applies to a person
who is in charge of the fire department of an emergency services
district or who is responsible for setting the compensation for
firefighters employed by a district.
Sec. 179A.004. ASSISTANCE; BENEFITS; WORKING CONDITIONS;
PENALTY. Sections 142.001, 142.0013, 142.0015, 142.0016, 142.004,
142.009, and 142.010 apply to a firefighter employed by an
emergency services district.
Sec. 179A.005. CIVIL SERVICE. (a) An emergency services
district is considered to have adopted Chapter 143. Chapter 143
applies to the district's fire department in the same manner as the
chapter applies to a municipality with a population of less than 1.5
million that adopts that chapter. Subchapters A-F, Chapter 143,
apply to the district's fire department.
(b) Each firefighter who has been in the service of the
emergency services district for more than six months at the time
this chapter first becomes applicable to the district and who is
entitled to civil service classification:
(1) has the status of a civil service employee; and
(2) is not required to take a competitive examination
to remain in the position the person occupies at that time.
(c) The Fire Fighters' Civil Service Commission is
established in each emergency services district. The president of
the district's board of emergency services commissioners shall
appoint the members of the commission not later than the 60th day
after the date this chapter first becomes applicable to the
district. Not later than the 30th day after the date the district's
first full fiscal year begins after the date this chapter first
becomes applicable to the district, the district's board of
emergency services commissioners shall implement this chapter.
(d) The office of Director of Fire Fighters' Civil Service
is established in each emergency services district. The Fire
Fighters' Civil Service Commission shall appoint the director. The
director shall serve as secretary to the commission and perform
work incidental to the civil service system as required by the
commission. The commission may remove the director at any time.
SECTION 2. (a) On the effective date of this Act, Chapter
179A, Local Government Code, as added by this Act, first becomes
applicable to an existing emergency services district.
(b) The board of emergency services commissioners of an
emergency services district to which Chapter 143, Local Government
Code, is, without regard to the holding of an election, applicable
because of the change in law made by this Act shall implement a
civil service system for the district in accordance with
Subchapters A-F, Chapter 143, Local Government Code, and in
accordance with Chapter 179A, Local Government Code, as added by
this Act.
SECTION 3. This Act takes effect September 1, 2011.