85R228 SCL-D
By: Martinez H.B. No. 2685
A BILL TO BE ENTITLED
AN ACT
relating to conditions of employment for fire protection personnel
of emergency service districts; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 775, Health and Safety Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. CONDITIONS OF EMPLOYMENT
Sec. 775.401. DEFINITION. In this subchapter, "fire
protection personnel" has the meaning assigned by Section 419.021,
Government Code.
Sec. 775.402. PROVISIONS REGARDING APPLICABILITY OF OTHER
LAW. (a) In a provision of law made applicable by this subchapter
to a district, a reference to a municipality, a governing body of a
municipality, a municipal official, a firefighter or member of a
fire department, or a fire department is considered to be a
reference to the district, the board, the equivalent official of
the district, fire protection personnel, or the unit of a district
directly responsible for providing fire protection services,
respectively.
(b) A provision of law made applicable by this subchapter to
a district applies to the district regardless of any population
requirement in the provision.
Sec. 775.403. ELECTION TO ADOPT OR REPEAL CONDITIONS OF
EMPLOYMENT PROVISIONS. (a) Subject to Subsection (b), a district
shall hold an election to adopt or repeal this subchapter if the
board receives a petition requesting the election signed by a
number of registered voters of the district equal to at least 10
percent of the number of voters who voted in the most recent
election of the district.
(b) A district may not order an election for the repeal of
the adoption of this subchapter before the first anniversary of the
adoption of this subchapter.
(c) The district must hold an election under this subchapter
on the first authorized uniform election date prescribed by Chapter
41, Election Code, that allows sufficient time for compliance with
any requirements established by law.
(d) The ballot in an election to adopt this subchapter shall
be printed to provide for voting for or against the proposition:
"Adoption of the state law providing conditions of employment for
fire protection personnel employed by (name of district)."
(e) The ballot in an election to repeal this subchapter
shall be printed to provide for voting for or against the
proposition: "Repeal of the adoption of the state law providing
conditions of employment for fire protection personnel employed by
(name of district)."
(f) If an election for the adoption or the repeal of the
adoption of this subchapter is held under this subchapter, a like
petition for a subsequent election may not be submitted before the
first anniversary of the date of the preceding election.
Sec. 775.404. EFFECT OF ELECTION. (a) If a majority of the
voters voting at an election to adopt this subchapter vote in favor
of adoption, the district shall implement the provisions of this
subchapter. The district must implement the provisions not later
than the 30th day after the first day of the district's first fiscal
year that begins after the date of the election.
(b) If a majority of the voters voting at an election to
repeal this subchapter vote in favor of repeal, the subchapter no
longer applies to the district.
Sec. 775.405. PAYROLL DEDUCTIONS; SALARY; LONGEVITY PAY;
CLASSIFICATION PAY; PENALTY. (a) Sections 141.008, 141.031(d),
141.032, 141.033, and 141.034, Local Government Code, apply to fire
protection personnel employed by a district that adopts this
subchapter.
(b) The penalty under Section 141.035, Local Government
Code, applies to a person who is in charge of or who is responsible
for setting the compensation for all fire protection personnel
employed by a district.
Sec. 775.406. ASSISTANCE; BENEFITS; WORKING CONDITIONS;
PENALTY. (a) Sections 142.001(a), (d), and (e), 142.0013,
142.0015, 142.0016, 142.004, 142.005, 142.006, 142.008, and
142.009, Local Government Code, apply to fire protection personnel
employed by a district that adopts this subchapter.
(b) A provision of Section 142.0013 or 142.0015, Local
Government Code, does not apply if the provision is inconsistent
with a collective bargaining agreement that:
(1) was in effect on August 31, 2017; and
(2) was entered into in accordance with Subchapter D,
Chapter 174, Local Government Code.
SECTION 2. This Act takes effect September 1, 2017.