By:  Oakley                                           H.B. No. 2404
       73R4295 JRD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the compensation of members of fire and police
    1-3  departments in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 141.033(a), Local Government Code, is
    1-6  amended to read as follows:
    1-7        (a)  Each municipality with a population of 10,000 or more
    1-8  <affected by this subchapter> shall classify all positions in its
    1-9  fire and police departments and shall specify the duties and
   1-10  prescribe the salary for each classification.
   1-11        SECTION 2.  Subchapter B, Chapter 141, Local Government Code,
   1-12  is amended by adding Sections 141.036-141.042 to read as follows:
   1-13        Sec. 141.036.  SALARY.  (a)  This section applies only to a
   1-14  municipality:
   1-15              (1)  with a population of 10,000 or more; and
   1-16              (2)  that has not adopted Chapter 143 or the law
   1-17  codified by Chapter 143, unless the municipality has subsequently
   1-18  repealed its adoption.
   1-19        (b)  Except as provided by Section 141.033(b) when a fire
   1-20  fighter or police officer temporarily performs duties in a higher
   1-21  classification, all fire fighters or police officers in the same
   1-22  classification are entitled to the same base salary.
   1-23        (c)  In addition to the base salary, each fire fighter or
   1-24  police officer is entitled to each of the following types of pay,
    2-1  if applicable:
    2-2              (1)  longevity or seniority pay;
    2-3              (2)  educational incentive pay as authorized by Section
    2-4  141.038;
    2-5              (3)  assignment pay as authorized by Section 141.037;
    2-6              (4)  certification pay as authorized by Section
    2-7  141.038; and
    2-8              (5)  shift differential pay as authorized by Section
    2-9  141.041.
   2-10        Sec. 141.037.  Assignment Pay.  (a)  This section applies
   2-11  only to a municipality:
   2-12              (1)  with a population of 10,000 or more; and
   2-13              (2)  that has not adopted Chapter 143 or the law
   2-14  codified by Chapter 143, unless the municipality has subsequently
   2-15  repealed its adoption.
   2-16        (b)  The governing body of a municipality may authorize
   2-17  assignment pay for fire fighters and police officers who perform
   2-18  specialized functions in their respective departments.
   2-19        (c)  The assignment pay is in an amount and is payable under
   2-20  conditions set by ordinance and is in addition to the regular pay
   2-21  received by members of the fire or police department.
   2-22        (d)  If the ordinance applies equally to each person who
   2-23  meets the criteria established by the ordinance, the ordinance may
   2-24  provide for payment to each fire fighter and police officer who
   2-25  meets training or education criteria for an assignment or the
   2-26  ordinance may set criteria that provide for payment only to a fire
   2-27  fighter or police officer in a special assignment.
    3-1        (e)  The head of the fire or police department is not
    3-2  eligible for the assignment pay authorized by this section.
    3-3        Sec. 141.038.  Certification and Educational Incentive Pay.
    3-4  (a)  This section applies only to a municipality:
    3-5              (1)  with a population of 10,000 or more; and
    3-6              (2)  that has not adopted Chapter 143 or the law
    3-7  codified by Chapter 143, unless the municipality has subsequently
    3-8  repealed its adoption.
    3-9        (b)  If each fire fighter or police officer in a municipality
   3-10  is afforded an opportunity to qualify for certification, the
   3-11  municipality's governing body may authorize certification pay to
   3-12  those fire fighters who meet the requirements for certification set
   3-13  by the Texas Commission on Fire Protection or for those police
   3-14  officers who meet the requirements for certification set by the
   3-15  Commission on Law Enforcement Officer Standards and Education.
   3-16        (c)  If the criteria for educational incentive pay are
   3-17  clearly established, are in writing, and are applied equally to
   3-18  each fire fighter or police officer in a municipality who meets the
   3-19  criteria, the municipality's governing body may authorize
   3-20  educational incentive pay for each fire fighter or police officer
   3-21  who has successfully completed courses at an accredited college or
   3-22  university.
   3-23        (d)  The certification pay and educational incentive pay are
   3-24  in addition to a fire fighter's or police officer's regular pay.
   3-25        Sec. 141.039.  Accumulation and Payment of Sick Leave.  (a)
   3-26  This section applies only to a municipality:
   3-27              (1)  with a population of 10,000 or more; and
    4-1              (2)  that has not adopted Chapter 143 or the law
    4-2  codified by Chapter 143, unless the municipality has subsequently
    4-3  repealed its adoption.
    4-4        (b)  A fire fighter or police officer is allowed sick leave
    4-5  with pay accumulated at the rate of 1-1/4 full working days for
    4-6  each full month employed in a calendar year, which results in a
    4-7  total of 15 working days to a person's credit each 12 months.
    4-8        (c)  A fire fighter or police officer may accumulate sick
    4-9  leave without limit and may use the leave if unable to work because
   4-10  of a bona fide illness.  If an ill fire fighter or police officer
   4-11  exhausts the sick leave and can conclusively prove that the illness
   4-12  was incurred in the performance of duties, an extension of sick
   4-13  leave shall be granted.
   4-14        (d)  A fire fighter or police officer who leaves the
   4-15  classified service under Section 141.033 for any reason is entitled
   4-16  to receive in a lump-sum payment the full amount of the person's
   4-17  salary for accumulated sick leave if the person has accumulated not
   4-18  more than 90 days of sick leave.  If a fire fighter or police
   4-19  officer has accumulated more than 90 working days of sick leave,
   4-20  the person's employer may limit payment to the amount that the
   4-21  person would have received if the person had been allowed to use 90
   4-22  days of accumulated sick leave during the last six months of
   4-23  employment.   The lump-sum payment is computed by compensating the
   4-24  fire fighter or police officer for the accumulated time at the
   4-25  highest permanent pay classification for which the person was
   4-26  eligible during the last six months of employment.  The fire
   4-27  fighter or police officer is paid for the same period for which the
    5-1  person would have been paid if the person had taken the sick leave
    5-2  but does not include additional holidays and any sick leave or
    5-3  vacation time that the person might have accrued during the 90
    5-4  days.
    5-5        (e)  To facilitate the settlement of the accounts of deceased
    5-6  fire fighters and police officers, all unpaid compensation,
    5-7  including all accumulated sick leave, due at the time of death to
    5-8  an active fire fighter or police officer who dies as a result of a
    5-9  line-of-duty injury or illness, shall be paid to the persons in the
   5-10  first applicable category of the following list, which is ranked:
   5-11              (1)  to the beneficiary or beneficiaries the fire
   5-12  fighter or police officer designated in writing to receive the
   5-13  compensation and filed with the commission before the person's
   5-14  death;
   5-15              (2)  to the fire fighter's or police officer's widow or
   5-16  widower;
   5-17              (3)  to the fire fighter's or police officer's child or
   5-18  children and to the descendants of a deceased child, by
   5-19  representation;
   5-20              (4)  to the fire fighter's or police officer's parents
   5-21  or to their survivors; or
   5-22              (5)  to the properly appointed legal representative of
   5-23  the fire fighter's or police officer's estate, or in the absence of
   5-24  a representative, to the person determined to be entitled to the
   5-25  payment under the state law of descent and distribution.
   5-26        (f)  Payment of compensation to a person in accordance with
   5-27  Subsection (e) is a bar to recovery by another person.
    6-1        Sec. 141.040.  VACATIONS.  (a)  This section applies only to
    6-2  a municipality:
    6-3              (1)  with a population of 10,000 or more; and
    6-4              (2)  that has not adopted Chapter 143 or the law
    6-5  codified by Chapter 143, unless the municipality has subsequently
    6-6  repealed its adoption.
    6-7        (b)  Each fire fighter or police officer is entitled to earn
    6-8  a minimum of 15 working days' vacation leave with pay in each year.
    6-9        (c)  In computing the length of time a fire fighter or police
   6-10  officer may be absent from work on vacation leave, only those
   6-11  calendar days during which the person would be required to work if
   6-12  not on vacation may be counted as vacation days.
   6-13        (d)  Unless approved by the municipality's governing body, a
   6-14  fire fighter or police officer may not accumulate vacation leave
   6-15  from year to year.
   6-16        Sec. 141.041.  SHIFT DIFFERENTIAL PAY.  (a)  This section
   6-17  applies only to a municipality:
   6-18              (1)  with a population of 10,000 or more; and
   6-19              (2)  that has not adopted Chapter 143 or the law
   6-20  codified by Chapter 143, unless the municipality has subsequently
   6-21  repealed its adoption.
   6-22        (b)  The governing body of a municipality may authorize shift
   6-23  differential pay for fire fighters and police officers who work a
   6-24  shift in which more than 50 percent of the time worked is after 6
   6-25  p.m. and before 6 a.m.
   6-26        (c)  The shift differential pay is in an amount and is
   6-27  payable under conditions set by ordinance and is in addition to the
    7-1  regular pay received by members of the fire or police department.
    7-2        Sec. 141.042.  LINE OF DUTY ILLNESS OR INJURY LEAVE OF
    7-3  ABSENCE.  (a)  This section applies only to a municipality:
    7-4              (1)  with a population of 10,000 or more; and
    7-5              (2)  that has not adopted Chapter 143 or the law
    7-6  codified by Chapter 143, unless the municipality has subsequently
    7-7  repealed its adoption.
    7-8        (b)  A municipality shall provide to a fire fighter or police
    7-9  officer a leave of absence for an illness or injury related to the
   7-10  person's line of duty.  The leave is with full pay for a period
   7-11  commensurate with the nature of the line of duty illness or injury.
   7-12  If necessary, the leave shall continue for at least one year.
   7-13        (c)  At the end of the one-year period, the municipality's
   7-14  governing body may extend the line of duty illness or injury leave
   7-15  at full or reduced pay.  If the fire fighter's or police officer's
   7-16  salary is reduced below 60 percent of the person's regular monthly
   7-17  salary and the municipality has a fire fighter's or police
   7-18  officer's pension fund, the person may retire on pension until able
   7-19  to return to duty.
   7-20        (d)  If pension benefits are not available to a fire fighter
   7-21  or police officer who is temporarily disabled by a line of duty
   7-22  injury or illness and if the year at full pay and any extensions
   7-23  granted by the governing body have expired, the fire fighter or
   7-24  police officer may use accumulated sick leave, vacation time, and
   7-25  other accrued benefits before the person is placed on temporary
   7-26  leave.
   7-27        (e)  If a fire fighter or police officer is temporarily
    8-1  disabled by an injury or illness that is not related to the
    8-2  person's line of duty, the person may use all sick leave, vacation
    8-3  time, and other accumulated time before the person is placed on
    8-4  temporary leave.
    8-5        (f)  After recovery from a temporary disability, a fire
    8-6  fighter or police officer shall be reinstated at the same rank and
    8-7  with the same seniority the person had before going on temporary
    8-8  leave.  Another fire fighter or police officer may voluntarily do
    8-9  the work of an injured fire fighter or police officer until the
   8-10  person returns to duty.
   8-11        SECTION 3.  Sections 141.039(d) and (e), Local Government
   8-12  Code, as added by this Act, apply according to their terms to
   8-13  accumulated sick leave that was earned before the effective date of
   8-14  this Act to the extent allowed under the Texas Constitution.
   8-15        SECTION 4.  This Act takes effect September 1, 1993.
   8-16        SECTION 5.  The importance of this legislation and the
   8-17  crowded condition of the calendars in both houses create an
   8-18  emergency and an imperative public necessity that the
   8-19  constitutional rule requiring bills to be read on three several
   8-20  days in each house be suspended, and this rule is hereby suspended.