75R11848 GJH-F                           

         By Bosse                                              H.B. No. 2765

         Substitute the following for H.B. No. 2765:

         By Hill                                           C.S.H.B. No. 2765

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to employment as a fire fighter in certain municipalities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 142.0017(b) and (d), Local Government

 1-5     Code, are amended to read as follows:

 1-6           (b)  A fire fighter or fire fighter emergency medical

 1-7     personnel may not be required or permitted to work more than an

 1-8     average of 46.7 hours a week during a 72-day work cycle designated

 1-9     by the department head [calendar year].  If the fire fighter or

1-10     fire fighter emergency medical services employee is required to

1-11     work more than an average of 46.7 hours a week during a 72-day work

1-12     cycle designated by the department head [calendar year], the person

1-13     is entitled to be compensated for the overtime as provided by

1-14     Subsection (f).

1-15           (d)  If a majority of the members of the fire department

1-16     working as fire alarm dispatchers sign a written agreement with the

1-17     municipality that allows the municipality to require or permit fire

1-18     alarm dispatchers to average a specified number of hours of work a

1-19     week that is more than the number of hours allowed under Subsection

1-20     (c) but not more than an average of 46.7 hours a week during a

1-21     72-day work cycle designated by the department head, the

1-22     municipality may adopt a work schedule for the members of the fire

1-23     department working as fire alarm dispatchers in accordance with the

1-24     agreement.  If under Subsection (f) a member of a fire department

 2-1     working as a fire alarm dispatcher is required to work more than

 2-2     the number of hours allowed under the agreement, the person is

 2-3     entitled to be compensated for the overtime as provided by

 2-4     Subsection (f).  Each agreement adopted under this subsection

 2-5     expires as provided by the agreement, but not later than the first

 2-6     anniversary of the date that the agreement takes effect.

 2-7     Subsection (c) applies when an agreement adopted under this

 2-8     subsection is not in effect.

 2-9           SECTION 2.  This Act takes effect September 1, 1997.

2-10           SECTION 3.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.