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.