BILL ANALYSIS H.B. 2100 By: Lewis, Glenn May 2, 1995 Committee Report (Amended) BACKGROUND Texas municipalities with significantly diverse populations have been limited by the State Civil Service Law 143 in meeting the demands of diverse constituents to hire diverse fire department personnel. The current law qualifies applicants for fire department positions through the use of a test, employment is offered to the applicant with the highest score, thus creating a ranking of qualified applicants. Municipalities and constituents would be better served by assigning a weight to civil service the Civil Services Test as one factor among several job related factors to be considered in employing and promoting a qualified workforce. Constituents argue testing alone should not be the sole criteria for hiring and promoting, nor should testing alone create a ranking. The criteria should be broadened to include other factors, such as the employment interview, previous experience, background checks, certification as a firefighter, veterans status, and bilingual capabilities. Subchapter F, Chapter 143, Local Government Code is inflexible and out-moded for use by modern urban Texas cities in assuring workforce diversity. PURPOSE To amend Subchapter F, Chapter 143, Local Government Code, to require certain municipalities to implement programs which ensure that the composition of the fire fighters in its fire department reasonably represent the demographic composition of the workforce of the municipality. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Subchapter F, Chapter 143, Local Government Code, by adding Section 143.090 (a). This section applies to cities with a designated population of 250,000 or more. SECTION 2: Amends Subchapter F, Chapter 143, Local Government Code, by adding Section 143.090 (b). This section stipulates the implementation by municipalities of a workforce diversity program, with the goal of creating a workforce of reasonable democratic composition. SECTION 3: Amends Subchapter F, Chapter 143, Local Government Code, by adding Section 143.090 (c). This section gives oversight to the governing bodies of the municipalities fore mentioned, and under no circumstances can the municipalities lower the appointment and promotions standards provide for by the State Civil Service law. SECTION 4: Emergency Clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 by Bailey adds requirement that employee association, in addition to city council, shall ensure that the demographic work force program is not lower than requirements of the civil service laws. SUMMARY OF COMMITTEE ACTION HB 2100 was considered by the committee in a public hearing on May 1, 1995. The following people testified in favor of the bill: Rep. Glenn Lewis; Ken Bailey, representing the Texas State Association of Fire Fighters; Jesse Romero, representing himself and the Mexican American Legal Defense and Educational Fund; Ed Franco; representing the Texas Association of Hispanic Firefighters; and Alfredo Valencia; representing himself and the Austin Hispanic Firefighters Association. One amendment was offered to the bill. Committee Amendment No. 1 was adopted by a record vote of 6 ayes, 1 nay, 0 pnv, and 2 absent. The bill was reported favorably as amended, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 1 nay, 0 pnv, and 2 absent.