HBA-NMO H.B. 1132 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1132
By: Hinojosa
Urban Affairs
4/5/1999
Introduced


BACKGROUND AND PURPOSE 

Current law does not require municipal fire and police departments to pay
their firefighters and police officers additional wages for the use of
additional language skills.  H.B. 1132 entitles municipal firefighters and
police officers to additional wages for use of additional language skills
outside the scope of the firefighter or police officer's job description.
This bill also provides a civil penalty for departments that do not honor
this entitlement.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 141, Local Government Code, by adding Subchapter
C, as follows: 

SUBCHAPTER C.  ADDITIONAL WAGES FOR CERTAIN
MUNICIPAL FIREFIGHTERS AND POLICE OFFICERS

Sec. 141.051.  DEFINITIONS.  Defines "additional language skill,"
"firefighter," and "police officer." 

Sec. 141.052.  ENTITLEMENT TO ADDITIONAL WAGES FOR CERTAIN SERVICES.
Entitles a firefighter or police officer to appropriate additional wages if
the firefighter or police officer provides a service that uses an
additional language skill to a  respective fire or police department, and
the additional language skill used is outside the course and scope of the
firefighter or police officer's official job description. 

Sec. 141.053.  DEPARTMENTAL GUIDELINES.  Requires the fire or police
department to establish guidelines to determine the types of additional
language skills and the levels of fluency in additional language skills
that require a department to pay additional wages, and the appropriate
levels of additional wages. 

Sec. 141.054.  CIVIL PENALTY.  Provides that a department that requires a
firefighter or police officer to use additional language skills possessed
by the firefighter or police officer without the payment of additional
wages is liable to the firefighter or police officer for damages in the
amount of $500 for each day the requirement is imposed without the payment
of additional wages. 

SECTION 2.  Amends Section 143.113(c), Local Government Code, to a
conforming change. 

SECTION 3.  (a) Effective date: September 1, 1999, except as provided by
Subsection (b). 

(b) Provides that Section 141.054 takes effect on January 1, 2000.

(c) Makes application of Section 141.054 prospective to January 1, 2000.

SECTION 4.  Emergency clause.