1-1 By: Gallegos S.B. No. 928
1-2 (In the Senate - Filed March 4, 1997; March 10, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 3, 1997, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; April 3, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to employment as a firefighter in certain municipalities.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subsections (b) and (d), Section 142.0017, Local
1-11 Government Code, are amended to read as follows:
1-12 (b) A fire fighter or fire fighter emergency medical
1-13 personnel may not be required or permitted to work more than an
1-14 average of 46.7 hours a week during the appropriate 72-day work
1-15 cycle [a calendar year]. If the fire fighter or fire fighter
1-16 emergency medical services employee is required to work more than
1-17 an average of 46.7 hours a week during the appropriate 72-day work
1-18 cycle [a calendar year], the person is entitled to be compensated
1-19 for the overtime as provided by Subsection (f).
1-20 (d) If a majority of the members of the fire department
1-21 working as fire alarm dispatchers sign a written agreement with the
1-22 municipality that allows the municipality to require or permit fire
1-23 alarm dispatchers to average a specified number of hours of work a
1-24 week that is more than the number of hours allowed under Subsection
1-25 (c) but not more than an average of 46.7 hours a week during the
1-26 appropriate 72-day work cycle, the municipality may adopt a work
1-27 schedule for the members of the fire department working as fire
1-28 alarm dispatchers in accordance with the agreement. If under
1-29 Subsection (f) a member of a fire department working as a fire
1-30 alarm dispatcher is required to work more than the number of hours
1-31 allowed under the agreement, the person is entitled to be
1-32 compensated for the overtime as provided by Subsection (f). Each
1-33 agreement adopted under this subsection expires as provided by the
1-34 agreement, but not later than the first anniversary of the date
1-35 that the agreement takes effect. Subsection (c) applies when an
1-36 agreement adopted under this subsection is not in effect.
1-37 SECTION 2. Subsection (a), Section 143.027, Local Government
1-38 Code, is amended to read as follows:
1-39 (a) A person appointed to a beginning position in the fire
1-40 or police department must serve a probationary period of one year
1-41 beginning on that person's date of employment as a fire fighter,
1-42 police officer, or academy trainee. This subsection does not apply
1-43 to a municipality with a population of 1.5 million or more.
1-44 SECTION 3. Section 143.1051, Local Government Code, is
1-45 amended to read as follows:
1-46 Sec. 143.1051. ELIGIBILITY FOR BEGINNING POSITION IN FIRE
1-47 DEPARTMENT. In addition to meeting the eligibility requirements
1-48 prescribed by Section 143.023, to be certified as eligible for a
1-49 beginning position with a fire department a person must:
1-50 (1) have served in the United States Armed Forces and
1-51 received an honorable discharge; or
1-52 (2) have earned, [at least 15 hours of credit] in any
1-53 area of study at an accredited college or university, at least:
1-54 (A) 30 hours of credit, to be certified during
1-55 the 12-month period beginning September 1, 1997;
1-56 (B) 45 hours of credit, to be certified during
1-57 the 12-month period beginning September 1, 1998; or
1-58 (C) 60 hours of credit, to be certified on or
1-59 after September 1, 1999.
1-60 SECTION 4. Subchapter G, Chapter 143, Local Government Code,
1-61 is amended by adding Section 143.1052 to read as follows:
1-62 Sec. 143.1052. PROBATIONARY PERIOD. A person appointed to a
1-63 beginning position in the police department must serve a
1-64 probationary period of one year beginning on that person's date of
2-1 employment as a police officer or academy trainee. A person
2-2 appointed to a beginning position in the fire department must serve
2-3 a probationary period beginning on the date of that person's
2-4 assignment to a fire station and continuing until the person has
2-5 completed 2,200 hours of work on duty.
2-6 SECTION 5. Subchapter G, Chapter 143, Local Government Code,
2-7 is amended by adding Section 143.1096 to read as follows:
2-8 Sec. 143.1096. EMERGENCY MEDICAL SERVICES CERTIFICATION IN
2-9 FIRE DEPARTMENT. The head of the fire department may require all
2-10 fire fighters in one or more classifications to obtain and maintain
2-11 emergency medical services personnel certification under Chapter
2-12 773, Health and Safety Code. The head of the fire department may
2-13 impose any discipline allowed under this chapter, including an
2-14 indefinite suspension, on a fire fighter who fails or refuses to
2-15 comply within a reasonable time with an order of the department
2-16 head issued under this section.
2-17 SECTION 6. (a) This Act takes effect September 1, 1997.
2-18 (b) Section 143.1052, Local Government Code, as added by
2-19 this Act, applies only to a firefighter who begins the person's
2-20 employment with a fire department on or after the effective date of
2-21 this Act. A firefighter who was employed by the fire department
2-22 before the effective date of this Act is governed by the law in
2-23 effect on the date the firefighter became employed, and the former
2-24 law is continued in effect for that purpose.
2-25 SECTION 7. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
2-28 constitutional rule requiring bills to be read on three several
2-29 days in each house be suspended, and this rule is hereby suspended.
2-30 * * * * *