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.