1 | 1 | | H.B. No. 3980 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the business leave time account for a firefighter |
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6 | 6 | | employee organization in certain municipalities. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 142.014, Local Government Code, is |
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9 | 9 | | amended by adding Subsection (c-1) to read as follows: |
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10 | 10 | | (c-1) Donations to the business leave time account of an |
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11 | 11 | | employee organization by its members may be authorized in one of the |
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12 | 12 | | following ways: |
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13 | 13 | | (1) if the majority of the membership of the employee |
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14 | 14 | | organization has not affirmatively voted to require contributions |
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15 | 15 | | by the employee organization's members to its business leave time |
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16 | 16 | | account: |
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17 | 17 | | (A) a firefighter must authorize the donation in |
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18 | 18 | | writing on a form provided by the employee organization and |
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19 | 19 | | approved by the municipality; and |
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20 | 20 | | (B) after receiving the signed authorization on |
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21 | 21 | | an approved form, the municipality shall transfer donated time to |
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22 | 22 | | the account monthly until the municipality receives the |
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23 | 23 | | firefighter's written revocation of the authorization; or |
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24 | 24 | | (2) if the majority of the membership of the employee |
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25 | 25 | | organization has affirmatively voted to require contributions by |
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26 | 26 | | the employee organization's members to its business leave time |
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27 | 27 | | account: |
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28 | 28 | | (A) except as provided by Paragraph (C), the |
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29 | 29 | | municipality shall transfer donated time to the employee |
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30 | 30 | | organization's business leave time account from the accumulated |
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31 | 31 | | vacation or compensatory time of each firefighter who is a member of |
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32 | 32 | | the employee organization in the amount approved by vote of the |
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33 | 33 | | employee organization not to exceed the amount allowed under |
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34 | 34 | | Subsection (c); |
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35 | 35 | | (B) the municipality shall transfer the donated |
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36 | 36 | | time to the account monthly beginning with the first calendar month |
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37 | 37 | | that begins after the date of the employee organization vote |
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38 | 38 | | requiring contributions; |
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39 | 39 | | (C) each year, during the period beginning on the |
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40 | 40 | | 60th day before the anniversary of the first day of the first |
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41 | 41 | | calendar month in which donations were first transferred to the |
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42 | 42 | | business leave time account of the employee organization under |
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43 | 43 | | Paragraph (B) and ending on the 30th day before that anniversary, a |
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44 | 44 | | firefighter who is a member of the employee organization may inform |
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45 | 45 | | the municipality in writing on a form provided by the employee |
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46 | 46 | | organization and approved by the municipality that the firefighter |
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47 | 47 | | chooses to not donate time to the account during the 12-month period |
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48 | 48 | | beginning with that anniversary; and |
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49 | 49 | | (D) the employee organization shall make up for |
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50 | 50 | | the costs which incurred during the business leave by payment to the |
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51 | 51 | | municipality in the amount equal to the overtime, pension and |
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52 | 52 | | healthcare costs associated with replacing the firefighter on |
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53 | 53 | | business leave. |
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54 | 54 | | SECTION 2. Section 142.014(h), Local Government Code, is |
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55 | 55 | | repealed. |
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56 | 56 | | SECTION 3. This Act takes effect September 1, 2023. |
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57 | 57 | | ______________________________ ______________________________ |
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58 | 58 | | President of the Senate Speaker of the House |
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59 | 59 | | I certify that H.B. No. 3980 was passed by the House on May 2, |
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60 | 60 | | 2023, by the following vote: Yeas 140, Nays 4, 3 present, not |
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61 | 61 | | voting. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Chief Clerk of the House |
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64 | 64 | | I certify that H.B. No. 3980 was passed by the Senate on May |
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65 | 65 | | 24, 2023, by the following vote: Yeas 31, Nays 0. |
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66 | 66 | | ______________________________ |
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67 | 67 | | Secretary of the Senate |
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68 | 68 | | APPROVED: _____________________ |
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69 | 69 | | Date |
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70 | 70 | | _____________________ |
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71 | 71 | | Governor |
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