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AN ACT
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relating to the business leave time account for a firefighter |
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employee organization in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.014, Local Government Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) Donations to the business leave time account of an |
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employee organization by its members may be authorized in one of the |
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following ways: |
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(1) if the majority of the membership of the employee |
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organization has not affirmatively voted to require contributions |
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by the employee organization's members to its business leave time |
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account: |
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(A) a firefighter must authorize the donation in |
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writing on a form provided by the employee organization and |
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approved by the municipality; and |
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(B) after receiving the signed authorization on |
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an approved form, the municipality shall transfer donated time to |
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the account monthly until the municipality receives the |
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firefighter's written revocation of the authorization; or |
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(2) if the majority of the membership of the employee |
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organization has affirmatively voted to require contributions by |
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the employee organization's members to its business leave time |
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account: |
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(A) except as provided by Paragraph (C), the |
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municipality shall transfer donated time to the employee |
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organization's business leave time account from the accumulated |
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vacation or compensatory time of each firefighter who is a member of |
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the employee organization in the amount approved by vote of the |
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employee organization not to exceed the amount allowed under |
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Subsection (c); |
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(B) the municipality shall transfer the donated |
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time to the account monthly beginning with the first calendar month |
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that begins after the date of the employee organization vote |
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requiring contributions; |
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(C) each year, during the period beginning on the |
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60th day before the anniversary of the first day of the first |
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calendar month in which donations were first transferred to the |
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business leave time account of the employee organization under |
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Paragraph (B) and ending on the 30th day before that anniversary, a |
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firefighter who is a member of the employee organization may inform |
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the municipality in writing on a form provided by the employee |
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organization and approved by the municipality that the firefighter |
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chooses to not donate time to the account during the 12-month period |
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beginning with that anniversary; and |
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(D) the employee organization shall make up for |
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the costs which incurred during the business leave by payment to the |
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municipality in the amount equal to the overtime, pension and |
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healthcare costs associated with replacing the firefighter on |
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business leave. |
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SECTION 2. Section 142.014(h), Local Government Code, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3980 was passed by the House on May 2, |
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2023, by the following vote: Yeas 140, Nays 4, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3980 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |