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.