By:  Madden (Senate Sponsor - Shapiro)                            H.B. No. 263
	(In the Senate - Received from the House March 29, 2005; 
March 30, 2005, read first time and referred to Committee on 
Intergovernmental Relations; May 5, 2005, reported favorably by 
the following vote:  Yeas 5, Nays 0; May 5, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the civil service status of certain fire department 
employees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 143, Local Government 
Code, is amended by adding Section 143.0051 to read as follows:
	Sec. 143.0051.  STATUS OF EMPLOYEES IN CERTAIN FIRE 
DEPARTMENTS.  (a)  This section applies only to a fire department 
employee employed by a municipality with a population of 220,000 or 
more.  This section does not apply to a fire department employee 
employed by a municipality:
		(1)  that has adopted Chapter 174; or                                  
		(2)  to which Subchapter H or I applies.                               
	(b)  Notwithstanding any other provision of this chapter, a 
previously non-classified fire department employee who serves in a 
position described by Section 143.003(4)(B), (D), (G), or (J) has 
the status of a civil service employee and is not required to take a 
competitive examination to remain in the employee's position if:
		(1)  the employee was appointed to that position on or 
before May 1, 2005, and was serving in that position on the date 
described by Subsection (c); and
		(2)  the municipality's governing body by ordinance 
amends the municipality's existing classification of fire 
department employees to include the employee's position as provided 
by Section 143.021.
	(c)  The civil service status of an employee to which 
Subsection (b) applies is effective on the date that the ordinance 
amending the municipality's classification system to include the 
employee's position takes effect.
	(d)  A fire department employee who has civil service status 
under Subsection (b) may be promoted only: 
		(1)  by competitive examination in accordance with the 
competitive civil service procedures prescribed in this chapter; 
and
		(2)  within the employee's existing division.                          
	(e)  A fire department employee who has civil service status 
under Subsection (b) may not:
		(1)  supervise or evaluate classified civil service 
personnel assigned to fire suppression or emergency medical 
operations; or
		(2)  laterally transfer to fire suppression or 
emergency medical operations.
	(f)  If a fire department employee who has civil service 
status under Subsection (b) leaves the employee's position for any 
reason, a person selected to fill that position must be selected in 
accordance with the competitive civil service procedures 
prescribed in this chapter.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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