JH H.B. 2661 75(R)    BILL ANALYSIS


URBAN AFFAIRS
H.B. 2661
By: Lewis, Glenn
5-7-97
Committee Report (Unamended)



BACKGROUND 

Currently, when a vacancy occurs in an entry level position in the fire
department, the department head is required to request in writing three
names from the eligibility list produced as a  result of entrance
examinations.  The director of the fire department then certifies to the
city's chief executive officer(not the department head) the names of the
three persons having the highest grades on the eligibility list, and the
chief executive officer makes an appointment for those three names.  Any
appointment by the chief executive is of the person with the highest grade
unless there is a valid reason why the person having the second or third
highest grade should instead be appointed.  If the person with the highest
grade is passed over, the chief executive files a statement in writing
with the commission clearly setting forth "the good and sufficient reason"
why that person was not appointed.  A copy of this statement is also
provided to the person passed over.  The same procedure holds true where
the person with the second highest grade is also passed over. 

PURPOSE

To ensure a diverse workforce in the fire departments of municipalities
with population of 250,000 or more. 

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, to
add Section   143.090 which authorizes municipalities with populations of
250,000 or more to   implement programs that ensure that the composition
of  paid firefighters     represents the demographic composition of the
municipality. The requirement   imposed by the programs are not to be
lower than the requirement set by the   chapter for the appointment or
promotion of paid fire fighters. 

SECTION 2.  Emergency Clause.