By:  Dutton                                           H.B. No. 1732
       73R4611 MLR-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal civil service.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter G, Chapter 143, Local Government Code,
    1-5  is amended by adding Section 143.1035 to read as follows:
    1-6        Sec. 143.1035.  STAFFING:  FIRE DEPARTMENT COMPANY.  A fire
    1-7  department shall staff an engine, ladder, or rescue company with
    1-8  not fewer than four classified fire fighters at all times while the
    1-9  company is in service.
   1-10        SECTION 2.  Subchapter G, Chapter 143, Local Government Code,
   1-11  is amended by adding Section 143.1105 to read as follows:
   1-12        Sec. 143.1105.  TEMPORARY DUTY IN UNCLASSIFIED POSITION.  A
   1-13  person who holds a classified position and who is temporarily
   1-14  assigned for a period that exceeds 60 days to perform the duties of
   1-15  an unclassified position is not considered to be filling or holding
   1-16  a classified position that was created by an ordinance of the
   1-17  municipality's governing body during the period the person is
   1-18  temporarily assigned, but the person:
   1-19              (1)  retains the full rights and status of a classified
   1-20  employee under this chapter during that period; and
   1-21              (2)  is entitled to return to duty in the person's
   1-22  former classified position at the end of the temporary duty
   1-23  assignment.
   1-24        SECTION 3.  Subchapter G, Chapter 143, Local Government Code,
    2-1  is amended by adding Section 143.1125 to read as follows:
    2-2        Sec. 143.1125.  FIRE FIGHTER'S AUXILIARY DUTY.  (a)  In this
    2-3  section, "auxiliary duty" means attending classes or taking an
    2-4  examination to obtain certification or recertification that is
    2-5  required by the fire department.
    2-6        (b)  The department shall assign auxiliary duty during a fire
    2-7  fighter's regular duty hours when possible.
    2-8        (c)  If the fire fighter is assigned to auxiliary duty during
    2-9  the fire fighter's off-duty hours, the fire fighter is entitled to
   2-10  be compensated at the fire fighter's base hourly salary rate or at
   2-11  an overtime rate, if appropriate.
   2-12        (d)  A fire fighter assigned to auxiliary duty may not be
   2-13  required to use compensatory time to perform that auxiliary duty.
   2-14        SECTION 4.  Sections 143.116(d) and (e), Local Government
   2-15  Code, are amended to read as follows:
   2-16        (d)  The sick leave of a <Each> fire fighter or police
   2-17  officer hired before September 1, 1985, who selected <may select>
   2-18  coverage under the municipal ordinance governing sick leave
   2-19  benefits and policy for the municipal employees who are not subject
   2-20  to this chapter is accumulated and valued as provided by Subsection
   2-21  (e).  <This option is a onetime only option that expires on
   2-22  December 31 of the year in which this section takes effect in that
   2-23  municipality.>
   2-24        (e)  The sick leave of a fire fighter or police officer who
   2-25  becomes a member of the fire or police department on or after
   2-26  September 1, 1985, or who is covered under Subsection (d), is
   2-27  accumulated without limit and is valued at the fire fighter's or
    3-1  police officer's average salary in the fiscal year in which the
    3-2  sick leave was accumulated <is covered by the municipal ordinance
    3-3  governing sick leave benefits and policy for the municipal
    3-4  employees who are not subject to this chapter>.
    3-5        SECTION 5.  Section 143.127(a), Local Government Code, is
    3-6  amended to read as follows:
    3-7        (a)  A fire fighter or police officer may file a grievance as
    3-8  provided by this subchapter.  The fire fighter or police officer
    3-9  may file a grievance that directly relates to the same aspects of
   3-10  the person's employment over which the civil service commission for
   3-11  the employees of the municipality who are not subject to this
   3-12  chapter would have lawful jurisdiction, including but not limited
   3-13  to a written or oral reprimand, transfer, job performance review,
   3-14  or job assignment received by the fire fighter or police officer
   3-15  <transfers, job performance reviews, and job assignments>.  The
   3-16  fire fighter or police officer may not file a grievance relating
   3-17  to:
   3-18              (1)  a disciplinary suspension, indefinite suspension,
   3-19  promotional pass over, or demotion or other action or decision for
   3-20  which a hearing, review, or appeal is otherwise provided by this
   3-21  chapter; or
   3-22              (2)  an allegation of discrimination based, in whole or
   3-23  in part, on race, color, religion, sex, or national origin.
   3-24        SECTION 6.  (a)  The change in law made by this Act regarding
   3-25  a fire fighter's assignment to auxiliary duty applies only to
   3-26  auxiliary duty assigned on or after the effective date of this Act.
   3-27        (b)  The change in law made by this Act to Sections
    4-1  143.116(d) and (e), Local Government Code, applies only to sick
    4-2  leave benefits accumulated on or after the effective date of this
    4-3  Act.  Sick leave benefits accumulated before the effective date of
    4-4  this Act are covered by the law in effect when the benefits were
    4-5  accumulated, and the former law is continued in effect for this
    4-6  purpose.
    4-7        SECTION 7.  This Act takes effect September 1, 1993.
    4-8        SECTION 8.  The importance of this legislation and the
    4-9  crowded condition of the calendars in both houses create an
   4-10  emergency and an imperative public necessity that the
   4-11  constitutional rule requiring bills to be read on three several
   4-12  days in each house be suspended, and this rule is hereby suspended.