Texas 2017 - 85th Regular

Texas House Bill HB2685 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R228 SCL-D
2	2	By: Martinez H.B. No. 2685
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to conditions of employment for fire protection personnel
8	8	of emergency service districts; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 775, Health and Safety Code, is amended
11	11	by adding Subchapter M to read as follows:
12	12	SUBCHAPTER M. CONDITIONS OF EMPLOYMENT
13	13	Sec. 775.401. DEFINITION. In this subchapter, "fire
14	14	protection personnel" has the meaning assigned by Section 419.021,
15	15	Government Code.
16	16	Sec. 775.402. PROVISIONS REGARDING APPLICABILITY OF OTHER
17	17	LAW. (a) In a provision of law made applicable by this subchapter
18	18	to a district, a reference to a municipality, a governing body of a
19	19	municipality, a municipal official, a firefighter or member of a
20	20	fire department, or a fire department is considered to be a
21	21	reference to the district, the board, the equivalent official of
22	22	the district, fire protection personnel, or the unit of a district
23	23	directly responsible for providing fire protection services,
24	24	respectively.
25	25	(b) A provision of law made applicable by this subchapter to
26	26	a district applies to the district regardless of any population
27	27	requirement in the provision.
28	28	Sec. 775.403. ELECTION TO ADOPT OR REPEAL CONDITIONS OF
29	29	EMPLOYMENT PROVISIONS. (a) Subject to Subsection (b), a district
30	30	shall hold an election to adopt or repeal this subchapter if the
31	31	board receives a petition requesting the election signed by a
32	32	number of registered voters of the district equal to at least 10
33	33	percent of the number of voters who voted in the most recent
34	34	election of the district.
35	35	(b) A district may not order an election for the repeal of
36	36	the adoption of this subchapter before the first anniversary of the
37	37	adoption of this subchapter.
38	38	(c) The district must hold an election under this subchapter
39	39	on the first authorized uniform election date prescribed by Chapter
40	40	41, Election Code, that allows sufficient time for compliance with
41	41	any requirements established by law.
42	42	(d) The ballot in an election to adopt this subchapter shall
43	43	be printed to provide for voting for or against the proposition:
44	44	"Adoption of the state law providing conditions of employment for
45	45	fire protection personnel employed by (name of district)."
46	46	(e) The ballot in an election to repeal this subchapter
47	47	shall be printed to provide for voting for or against the
48	48	proposition: "Repeal of the adoption of the state law providing
49	49	conditions of employment for fire protection personnel employed by
50	50	(name of district)."
51	51	(f) If an election for the adoption or the repeal of the
52	52	adoption of this subchapter is held under this subchapter, a like
53	53	petition for a subsequent election may not be submitted before the
54	54	first anniversary of the date of the preceding election.
55	55	Sec. 775.404. EFFECT OF ELECTION. (a) If a majority of the
56	56	voters voting at an election to adopt this subchapter vote in favor
57	57	of adoption, the district shall implement the provisions of this
58	58	subchapter. The district must implement the provisions not later
59	59	than the 30th day after the first day of the district's first fiscal
60	60	year that begins after the date of the election.
61	61	(b) If a majority of the voters voting at an election to
62	62	repeal this subchapter vote in favor of repeal, the subchapter no
63	63	longer applies to the district.
64	64	Sec. 775.405. PAYROLL DEDUCTIONS; SALARY; LONGEVITY PAY;
65	65	CLASSIFICATION PAY; PENALTY. (a) Sections 141.008, 141.031(d),
66	66	141.032, 141.033, and 141.034, Local Government Code, apply to fire
67	67	protection personnel employed by a district that adopts this
68	68	subchapter.
69	69	(b) The penalty under Section 141.035, Local Government
70	70	Code, applies to a person who is in charge of or who is responsible
71	71	for setting the compensation for all fire protection personnel
72	72	employed by a district.
73	73	Sec. 775.406. ASSISTANCE; BENEFITS; WORKING CONDITIONS;
74	74	PENALTY. (a) Sections 142.001(a), (d), and (e), 142.0013,
75	75	142.0015, 142.0016, 142.004, 142.005, 142.006, 142.008, and
76	76	142.009, Local Government Code, apply to fire protection personnel
77	77	employed by a district that adopts this subchapter.
78	78	(b) A provision of Section 142.0013 or 142.0015, Local
79	79	Government Code, does not apply if the provision is inconsistent
80	80	with a collective bargaining agreement that:
81	81	(1) was in effect on August 31, 2017; and
82	82	(2) was entered into in accordance with Subchapter D,
83	83	Chapter 174, Local Government Code.
84	84	SECTION 2. This Act takes effect September 1, 2017.