BILL ANALYSIS H.B. 3488 By: Israel Urban Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE According to interested parties, emergency medical services personnel in certain municipalities do not have the opportunity to appeal a termination of employment, which the parties contend constitutes a disregard of due process protections. H.B. 3488 seeks to address this situation. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 3488 amends the Local Government Code to entitle an individual who is certified to practice as emergency medical services personnel and who is employed by a municipality with a population of 460,000 or more that operates under a city manager form of government, that employs emergency medical services personnel in a municipal department other than the fire department, and that has adopted the emergency medical services personnel civil service law to appeal the withdrawal of the individual's authority to provide delegated medical care and subsequent termination of employment as an emergency medical services personnel by the municipality to the State Office of Administrative Hearings (SOAH). The bill requires a municipality to adopt procedures for referring appeals consistent with procedures for administrative hearings or alternative dispute resolution in matters voluntarily referred to SOAH by a governmental entity and any applicable rules adopted by SOAH. EFFECTIVE DATE September 1, 2015.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 3488
By: Israel
Urban Affairs
Committee Report (Unamended)
H.B. 3488
By: Israel
Urban Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE According to interested parties, emergency medical services personnel in certain municipalities do not have the opportunity to appeal a termination of employment, which the parties contend constitutes a disregard of due process protections. H.B. 3488 seeks to address this situation.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 3488 amends the Local Government Code to entitle an individual who is certified to practice as emergency medical services personnel and who is employed by a municipality with a population of 460,000 or more that operates under a city manager form of government, that employs emergency medical services personnel in a municipal department other than the fire department, and that has adopted the emergency medical services personnel civil service law to appeal the withdrawal of the individual's authority to provide delegated medical care and subsequent termination of employment as an emergency medical services personnel by the municipality to the State Office of Administrative Hearings (SOAH). The bill requires a municipality to adopt procedures for referring appeals consistent with procedures for administrative hearings or alternative dispute resolution in matters voluntarily referred to SOAH by a governmental entity and any applicable rules adopted by SOAH.
EFFECTIVE DATE September 1, 2015.
BACKGROUND AND PURPOSE
According to interested parties, emergency medical services personnel in certain municipalities do not have the opportunity to appeal a termination of employment, which the parties contend constitutes a disregard of due process protections. H.B. 3488 seeks to address this situation.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 3488 amends the Local Government Code to entitle an individual who is certified to practice as emergency medical services personnel and who is employed by a municipality with a population of 460,000 or more that operates under a city manager form of government, that employs emergency medical services personnel in a municipal department other than the fire department, and that has adopted the emergency medical services personnel civil service law to appeal the withdrawal of the individual's authority to provide delegated medical care and subsequent termination of employment as an emergency medical services personnel by the municipality to the State Office of Administrative Hearings (SOAH). The bill requires a municipality to adopt procedures for referring appeals consistent with procedures for administrative hearings or alternative dispute resolution in matters voluntarily referred to SOAH by a governmental entity and any applicable rules adopted by SOAH.
EFFECTIVE DATE
September 1, 2015.