1-1     By:  Barrientos, Zaffirini                            S.B. No. 1344
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 19, 2001, reported favorably, as amended, by the
 1-5     following vote:  Yeas 4, Nays 1; April 19, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Staples
 1-7     Amend S.B. No. 1344 by adding on page 1, line 61, between the words
 1-8     "qualified" and "to", the following words, ", as determined by the
 1-9     department,"; and on page 2, line 5, by striking the word, "shall"
1-10     and inserting in place thereof the following:  "may".
1-11                            A BILL TO BE ENTITLED
1-12                                   AN ACT
1-13     relating to certain municipal firefighters and police officers
1-14     entitled to additional wages; providing a civil penalty.
1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16           SECTION 1.  Chapter 141, Local Government Code, is amended by
1-17     adding Subchapter C to read as follows:
1-18            SUBCHAPTER C.  ADDITIONAL WAGES FOR CERTAIN MUNICIPAL
1-19                      FIREFIGHTERS AND POLICE OFFICERS
1-20           Sec. 141.051.  DEFINITIONS.  In this subchapter:
1-21                 (1)  "Additional language skill" means fluency in a
1-22     language other than English.
1-23                 (2)  "Firefighter" means a full-time member of a
1-24     municipal fire department who performs:
1-25                       (A)  fire suppression;
1-26                       (B)  fire prevention;
1-27                       (C)  fire training;
1-28                       (D)  fire safety education;
1-29                       (E)  fire maintenance;
1-30                       (F)  fire communications;
1-31                       (G)  fire medical emergency technology;
1-32                       (H)  fire photography; or
1-33                       (I)  fire administration.
1-34                 (3)  "Police officer" means a member of a municipal
1-35     police department who is a licensed peace officer under Section
1-36     1701.307, Occupations Code.
1-37           Sec. 141.052.  ENTITLEMENT TO ADDITIONAL WAGES FOR CERTAIN
1-38     SERVICES.  A fire or police department may designate a firefighter
1-39     or police officer as a bilingual interpreter.  A firefighter or
1-40     police officer who is designated as a bilingual interpreter under
1-41     this section is entitled to appropriate additional wages if:
1-42                 (1)  the firefighter or police officer provides a
1-43     service to the department that uses an additional language skill
1-44     possessed by the firefighter or police officer; and
1-45                 (2)  the additional language skill used is outside the
1-46     course and scope of the firefighter or police officer's position as
1-47     indicated by the firefighter or police officer's official job
1-48     description.
1-49           Sec. 141.053.  DEPARTMENTAL GUIDELINES.  A fire or police
1-50     department that designates a firefighter or police officer as a
1-51     bilingual interpreter under Section 141.052 shall establish
1-52     guidelines to determine:
1-53                 (1)  the number of designated bilingual interpreters
1-54     needed by the department;
1-55                 (2)  the types of additional language skills and the
1-56     levels of fluency in additional language skills that require a
1-57     department to pay additional wages under this subchapter; and
1-58                 (3)  the appropriate levels of additional wages.
1-59           Sec. 141.054.  CIVIL PENALTY.  A fire or police department
1-60     that fails to compensate a firefighter or police officer entitled
1-61     and qualified to receive additional wages under this subchapter and
1-62     the departmental guidelines established under Section 141.053 is
1-63     liable to the firefighter or police officer for damages in the
 2-1     amount of lost wages plus interest at the rate of five percent per
 2-2     year.
 2-3           SECTION 2.  Subsection (c), Section 143.113, Local Government
 2-4     Code, is amended to read as follows:
 2-5           (c)  The municipality's governing body shall [may] authorize
 2-6     assignment pay for bilingual personnel performing specialized
 2-7     functions as interpreters or translators in their respective
 2-8     departments.  The assignment pay is in an amount and is payable
 2-9     under conditions set by ordinance and is in addition to the regular
2-10     pay received by members of the fire or police department.  If the
2-11     ordinance applies equally to each person who meets the criteria
2-12     established by the ordinance, the ordinance may provide for payment
2-13     to each fire fighter or police officer who meets testing or other
2-14     certification criteria for an assignment, or the ordinance may set
2-15     criteria that will determine the foreign languages in which a
2-16     person must be fluent or other criteria for eligibility.  The
2-17     ordinance may provide for different rates of pay according to a
2-18     person's capability and may allow more pay to those persons who are
2-19     capable of translating orally and into written English.  The heads
2-20     of the fire and police departments are not eligible for the
2-21     assignment pay authorized by this subsection.
2-22           SECTION 3.  (a)  Except as provided by Subsection (b) of this
2-23     section, this Act takes effect September 1, 2001.
2-24           (b)  Section 141.054, Local Government Code, as added by this
2-25     Act, takes effect January 1, 2002.
2-26           (c)  The change in the law made by Section 141.054, Local
2-27     Government Code, applies only to the use of additional language
2-28     skills on or after January 1, 2002.
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