By:  Barrientos                                       S.B. No. 1344
         2001S0769/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain municipal firefighters and police officers
 1-3     entitled to additional wages; providing a civil penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 141, Local Government Code, is amended by
 1-6     adding Subchapter C to read as follows:
 1-7            SUBCHAPTER C. ADDITIONAL WAGES FOR CERTAIN MUNICIPAL
 1-8                      FIREFIGHTERS AND POLICE OFFICERS
 1-9           Sec. 141.051.  DEFINITIONS.  In this subchapter:
1-10                 (1)  "Additional language skill" means fluency in a
1-11     language other than English.
1-12                 (2)  "Firefighter" means a full-time member of a
1-13     municipal fire department who performs:
1-14                       (A)  fire suppression;
1-15                       (B)  fire prevention;
1-16                       (C)  fire training;
1-17                       (D)  fire safety education;
1-18                       (E)  fire maintenance;
1-19                       (F)  fire communications;
1-20                       (G)  fire medical emergency technology;
1-21                       (H)  fire photography; or
1-22                       (I)  fire administration.
1-23                 (3)  "Police officer" means a member of a municipal
1-24     police department who is a licensed peace officer under Section
1-25     1701.307, Occupations Code.
 2-1           Sec. 141.052.  ENTITLEMENT TO ADDITIONAL WAGES FOR CERTAIN
 2-2     SERVICES.  A fire or police department may designate a firefighter
 2-3     or police officer as a bilingual interpreter.  A firefighter or
 2-4     police officer who is designated as a bilingual interpreter under
 2-5     this section is entitled to appropriate additional wages if:
 2-6                 (1)  the firefighter or police officer provides a
 2-7     service to the department that uses an additional language skill
 2-8     possessed by the firefighter or police officer; and
 2-9                 (2)  the additional language skill used is outside the
2-10     course and scope of the firefighter or police officer's position as
2-11     indicated by the firefighter or police officer's official job
2-12     description.
2-13           Sec. 141.053.  DEPARTMENTAL GUIDELINES.  A fire or police
2-14     department that designates a firefighter or police officer as a
2-15     bilingual interpreter under Section 141.052 shall establish
2-16     guidelines to determine:
2-17                 (1)  the number of designated bilingual interpreters
2-18     needed by the department;
2-19                 (2)  the types of additional language skills and the
2-20     levels of fluency in additional language skills that require a
2-21     department to pay additional wages under this subchapter; and
2-22                 (3)  the appropriate levels of additional wages.
2-23           Sec. 141.054.  CIVIL PENALTY.  A fire or police department
2-24     that fails to compensate a firefighter or police officer entitled
2-25     and qualified to receive additional wages under this subchapter and
2-26     the departmental guidelines established under Section 141.053 is
 3-1     liable to the firefighter or police officer for damages in the
 3-2     amount of lost wages plus interest at the rate of five percent per
 3-3     year.
 3-4           SECTION 2.  Subsection (c), Section 143.113, Local Government
 3-5     Code, is amended  to read as follows:
 3-6           (c)  The municipality's governing body shall [may] authorize
 3-7     assignment pay for bilingual personnel performing specialized
 3-8     functions as interpreters or translators in their respective
 3-9     departments.  The assignment pay is in an amount and is payable
3-10     under conditions set by ordinance and is in addition to the regular
3-11     pay received by members of the fire or police department.  If the
3-12     ordinance applies equally to each person who meets the criteria
3-13     established by the ordinance, the ordinance may provide for payment
3-14     to each fire fighter or police officer who meets testing or other
3-15     certification criteria for an assignment, or the ordinance may set
3-16     criteria that will determine the foreign languages in which a
3-17     person must be fluent or other criteria for eligibility.  The
3-18     ordinance may provide for different rates of pay according to a
3-19     person's capability and may allow more pay to those persons who are
3-20     capable of translating orally and into written English.  The heads
3-21     of the fire and police departments are not eligible for the
3-22     assignment pay authorized by this subsection.
3-23           SECTION 3.  (a)  Except as provided by Subsection (b) of this
3-24     section, this Act takes effect September 1, 2001.
3-25           (b)  Section 141.054, Local Government Code, as added by this
3-26     Act, takes effect January 1, 2002.
 4-1           (c)  The change in the law made by Section 141.054, Local
 4-2     Government Code, applies only to the use of additional language
 4-3     skills on or after January 1, 2002.