By Lewis of Tarrant H.B. No. 2662
75R6492 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedure for filling beginning positions in
1-3 certain fire departments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.025, Local Government Code, is
1-6 amended by adding Subsection (i) to read as follows:
1-7 (i) This section does not apply to a fire department in a
1-8 municipality with a population of less than 1.5 million.
1-9 SECTION 2. Subchapter B, Chapter 143, Local Government Code,
1-10 is amended by adding Section 143.0255 to read as follows:
1-11 Sec. 143.0255. ENTRANCE EXAMINATIONS FOR CERTAIN FIRE
1-12 DEPARTMENTS. (a) This section applies only to a fire department
1-13 in a municipality with a population of less than 1.5 million.
1-14 (b) The commission shall provide for open, competitive, and
1-15 free entrance examinations to provide eligibility lists for
1-16 beginning positions in the fire department. The examinations are
1-17 open to each person who makes a proper application and meets the
1-18 requirements of this chapter.
1-19 (c) An eligibility list for a beginning position in the fire
1-20 department may be created only as a result of a competitive
1-21 examination. The examination must be based on the person's ability
1-22 to perform functions related to the duties of a fire fighter and
1-23 must inquire into the applicant's employment qualifications. A
1-24 person may not be appointed to a fire department except as a result
2-1 of the examination.
2-2 (d) The examination must be weighed as follows:
2-3 (1) 40 percent of the examination score must be based
2-4 on interpersonal and social skills;
2-5 (2) 40 percent of the examination score must be based
2-6 on task orientation; and
2-7 (3) 20 percent of the examination score must be based
2-8 on cognitive ability and educational background.
2-9 (e) Examinations may be held at separate locations if each
2-10 applicant takes the same examination.
2-11 (f) An additional five points shall be added to the
2-12 examination grade of an applicant who served in the United States
2-13 armed forces, received an honorable discharge, and made a passing
2-14 grade on the examination.
2-15 (g) An applicant may not take the examination for a
2-16 particular eligibility list more than once.
2-17 (h) The commission shall keep each eligibility list for a
2-18 beginning position in effect for a period of not less than six
2-19 months or more than 12 months, unless the names of all applicants
2-20 on the list have been referred to the fire department. The
2-21 commission shall determine the length of the period. The
2-22 commission shall give new examinations at times the commission
2-23 considers necessary to provide required staffing for scheduled fire
2-24 training academies.
2-25 (i) The grade to be placed on the eligibility list for each
2-26 applicant shall be computed by adding an applicant's points under
2-27 Subsection (f), if any, to the applicant's grade on the
3-1 examination. Each applicant's grade on the examination is based on
3-2 a maximum grade of 100 percent and is determined entirely by the
3-3 correctness of the applicant's answers to the questions. The
3-4 minimum passing grade on the examination is 70 percent. An
3-5 applicant must pass the examination to be placed on an eligibility
3-6 list.
3-7 SECTION 3. Section 143.026, Local Government Code, is
3-8 amended by adding Subsection (e) to read as follows:
3-9 (e) This section does not apply to a fire department in a
3-10 municipality with a population of less than 1.5 million.
3-11 SECTION 4. Subchapter B, Chapter 143, Local Government Code,
3-12 is amended by adding Section 143.0265 to read as follows:
3-13 Sec. 143.0265. PROCEDURE FOR FILLING BEGINNING POSITIONS IN
3-14 CERTAIN FIRE DEPARTMENTS. (a) This section applies only to a fire
3-15 department in a municipality with a population of less than 1.5
3-16 million.
3-17 (b) When a vacancy occurs in a beginning position in a fire
3-18 department, the department head shall request in writing from the
3-19 commission the names of suitable persons from the eligibility list.
3-20 The director shall certify to the municipality's chief executive
3-21 the names of the persons on the eligibility list.
3-22 (c) From the names certified, the chief executive shall
3-23 appoint the person having the highest grade on the examination.
3-24 (d) If the chief executive does not appoint the person
3-25 having the highest grade, the chief executive shall clearly set
3-26 forth in writing a good and sufficient reason why the person having
3-27 the highest grade was not appointed.
4-1 (e) The reason required by Subsection (d) shall be filed
4-2 with the commission and a copy provided to each person having a
4-3 higher grade than the person appointed.
4-4 SECTION 5. This Act takes effect September 1, 1997, and
4-5 applies to vacancies that occur in a beginning position in a fire
4-6 department on or after the effective date of this Act. Vacancies
4-7 that occur before the effective date of this Act are governed by
4-8 the law in effect on the day the vacancy occurred, and the former
4-9 law is continued in effect for that purpose.
4-10 SECTION 6. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.