BILL ANALYSIS


                                                     C.S.S.B. 879
                                                   By: Barrientos
                                      Intergovernmental Relations
                                                         05-10-95
                                   Committee Report (Substituted)
BACKGROUND

Cities with significant diverse populations have been limited by
Chapter 143, Local Government Code (State Civil Service Law), in
meeting demands of diverse constituencies to hire a diverse
professional fire department.

Specifically, the law is inflexible and out-moded for use by modern
urban Texas cities.  Currently, the law qualifies applicants for
fire department positions through the use of a test.  The law
requires employment to be offered to the applicant with the highest
score, thus creating a ranking of qualified applicants.  While most
will agree the test is "fair", the use of the scores to establish
a ranking is unfair to minorities and women who score well above
minimum but are not amount the highest scoring.

While the law establishes a minimum standard of 70 for employment,
cities are permitted to hire only the highest ranking.  Cities and
constituents would be better served by assigning the civil service
test as one factor among several job related factors to be
considered in employing a qualified workforce.  Constituents argue
testing alone would not be the sole criteria by the state for
hiring, nor should testing alone create a ranking, but rather other
factors should be included such as an assessment interview, job-related physical ability, and a background check.

Historically, numerous state civil service cities have been
successfully sued for discrimination by minority constituencies. 
Theses cities relied upon Chapter 143 as it is currently written to
achieve a balanced workforce, however the current structure of the
law resulted in defacto exclusion of minorities and women.  These
civil service cities have been compelled to enter into consent
decrees to remedy the shortcomings of the current law.  The cost of
defending these law suits has been carried by the local taxpayers.

PURPOSE

As proposed, C.S.S.B. 879 authorizes a municipality with a
population of 250,000 or more to implement a program that ensures
that the composition of the fire department reflects the
demographic composition of the municipality.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 143F, Local Government Code, by adding
Section 143.090, as follows:

     Sec. 143.090.  LOCAL CONTROL OF WORKFORCE COMPOSITION IN
     CERTAIN FIRE DEPARTMENTS.  (a)  Provides that this section
     applies only to a municipality with a population of 250,000 or
     more.
     
     (b)  Authorizes a municipality with the approval of the
       recognized employee association to implement a program to
       ensure that the composition of the workforce of the paid
       firefighters in its fire department represents the
       demographic composition of the residents of the
       municipality.
       
       (c)  Requires the governing body of the municipality to
       ensure that the requirements imposed by an implemented
       program are not lower than the requirements set by this
       chapter for the appointment or promotion of a paid
       firefighter.
       
       SECTION 2.   Emergency clause.
           Effective date: upon passage.