By Gallegos S.B. No. 928
75R5580 GJH-D
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 the appropriate 72-day work
1-9 cycle [a calendar year]. If the fire fighter or fire fighter
1-10 emergency medical services employee is required to work more than
1-11 an average of 46.7 hours a week during the appropriate 72-day work
1-12 cycle [a calendar year], the person is entitled to be compensated
1-13 for the overtime as provided by Subsection (f).
1-14 (d) If a majority of the members of the fire department
1-15 working as fire alarm dispatchers sign a written agreement with the
1-16 municipality that allows the municipality to require or permit fire
1-17 alarm dispatchers to average a specified number of hours of work a
1-18 week that is more than the number of hours allowed under Subsection
1-19 (c) but not more than an average of 46.7 hours a week during the
1-20 appropriate 72-day work cycle, the municipality may adopt a work
1-21 schedule for the members of the fire department working as fire
1-22 alarm dispatchers in accordance with the agreement. If under
1-23 Subsection (f) a member of a fire department working as a fire
1-24 alarm dispatcher is required to work more than the number of hours
2-1 allowed under the agreement, the person is entitled to be
2-2 compensated for the overtime as provided by Subsection (f). Each
2-3 agreement adopted under this subsection expires as provided by the
2-4 agreement, but not later than the first anniversary of the date
2-5 that the agreement takes effect. Subsection (c) applies when an
2-6 agreement adopted under this subsection is not in effect.
2-7 SECTION 2. Section 143.027(a), Local Government Code, is
2-8 amended to read as follows:
2-9 (a) A person appointed to a beginning position in the fire
2-10 or police department must serve a probationary period of one year
2-11 beginning on that person's date of employment as a fire fighter,
2-12 police officer, or academy trainee. This subsection does not apply
2-13 to a municipality with a population of 1.5 million or more.
2-14 SECTION 3. Section 143.1051, Local Government Code, is
2-15 amended to read as follows:
2-16 Sec. 143.1051. ELIGIBILITY FOR BEGINNING POSITION IN FIRE
2-17 DEPARTMENT. In addition to meeting the eligibility requirements
2-18 prescribed by Section 143.023, to be certified as eligible for a
2-19 beginning position with a fire department a person must:
2-20 (1) have served in the United States Armed Forces and
2-21 received an honorable discharge; or
2-22 (2) have earned, [at least 15 hours of credit] in any
2-23 area of study at an accredited college or university, at least:
2-24 (A) 30 hours of credit, to be certified during
2-25 the 12-month period beginning September 1, 1997;
2-26 (B) 45 hours of credit, to be certified during
2-27 the 12-month period beginning September 1, 1998; or
3-1 (C) 60 hours of credit, to be certified on or
3-2 after September 1, 1999.
3-3 SECTION 4. Subchapter G, Chapter 143, Local Government Code,
3-4 is amended by adding Section 143.1052 to read as follows:
3-5 Sec. 143.1052. PROBATIONARY PERIOD. A person appointed to a
3-6 beginning position in the police department must serve a
3-7 probationary period of one year beginning on that person's date of
3-8 employment as a police officer or academy trainee. A person
3-9 appointed to a beginning position in the fire department must serve
3-10 a probationary period beginning on the date of that person's
3-11 assignment to a fire station and continuing until the person has
3-12 completed 2,200 hours of work on duty.
3-13 SECTION 5. Subchapter G, Chapter 143, Local Government Code,
3-14 is amended by adding Section 143.1096 to read as follows:
3-15 Sec. 143.1096. EMERGENCY MEDICAL SERVICES CERTIFICATION IN
3-16 FIRE DEPARTMENT. The head of the fire department may require all
3-17 fire fighters in one or more classifications to obtain and maintain
3-18 emergency medical services personnel certification under Chapter
3-19 773, Health and Safety Code. The head of the fire department may
3-20 impose any discipline allowed under this chapter, including an
3-21 indefinite suspension, on a fire fighter who fails or refuses to
3-22 comply within a reasonable time with an order of the department
3-23 head issued under this section.
3-24 SECTION 6. (a) This Act takes effect September 1, 1997.
3-25 (b) Section 143.1052, Local Government Code, as added by
3-26 this Act, applies only to a fire fighter who begins the person's
3-27 employment with a fire department on or after the effective date of
4-1 this Act. A fire fighter who was employed by the fire department
4-2 before the effective date of this Act is governed by the law in
4-3 effect on the date the fire fighter became employed, and the former
4-4 law is continued in effect for that purpose.
4-5 SECTION 7. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.