S.B. No. 1896
 
 
 
 
AN ACT
  relating to the employment of firefighters and police officers and
  the provision of emergency medical services in certain
  municipalities.
         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 143.0052 to read as follows:
         Sec. 143.0052.  FEE FOR EMERGENCY MEDICAL SERVICES.  
  (a)  This section applies only to a municipality that:
               (1)  has a population of more than 200,000 and less than
  250,000;
               (2)  is located in a county in which another
  municipality that has a population of more than one million is
  predominately located; and
               (3)  whose emergency medical services are administered
  by a fire department.
         (b)  By resolution of its governing body, a municipality may
  establish a monthly fee for the costs of emergency medical
  services, including salary and overtime related to medical
  personnel. This fee is applicable to each and every customer served
  by a municipal water account and may be collected in conjunction
  with the bill for water services.
         (c)  A municipality acting under this section supersedes any
  authority established under Chapter 286, Health and Safety Code.
         SECTION 2.  Subsection (a), Section 143.127, Local
  Government Code, is amended to read as follows:
         (a)  Except as otherwise provided by this subsection, a [A]
  fire fighter or police officer may file a grievance as provided by
  this subchapter[. The fire fighter or police officer may file a
  grievance] that relates to any aspect of the fire fighter's or
  police officer's employment covered by this chapter [the same
  aspects of the person's employment over which the civil service
  commission for the employees of the municipality who are not
  subject to this chapter would have lawful jurisdiction, including
  but not limited to a written or oral reprimand, transfers, job
  performance reviews, and job assignments]. The fire fighter or
  police officer may not file a grievance relating to:
               (1)  a disciplinary suspension, indefinite suspension,
  promotional pass over, or demotion or other action or decision for
  which a hearing, review, or appeal is otherwise provided by this
  chapter; or
               (2)  an allegation of discrimination based, in whole or
  in part, on race, color, religion, sex, or national origin.
         SECTION 3.  Section 143.128, Local Government Code, is
  amended by amending Subsection (a) and adding Subsection (f) to
  read as follows:
         (a)  To begin a grievance action, a fire fighter or police
  officer must file a completed written step I grievance form with the
  person's department head or departmental grievance counselor
  within 30 days after the date the fire fighter or police officer
  knew or should have known of the action or inaction for which the
  person feels aggrieved occurred. A step I grievance form may be
  obtained from the departmental grievance counselor. If the form is
  not timely filed, the grievance is waived.
         (f)  If the supervisor does not provide the response required
  by Subsection (d) before the 16th day after the date the meeting
  occurs, the department head shall sustain the fire fighter's or
  police officer's grievance.
         SECTION 4.  Section 143.129, Local Government Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  If the department head or the department head's
  representative does not provide the response required by Subsection
  (c) before the 16th day after the date the meeting occurs, the
  department head shall sustain the fire fighter's or police
  officer's grievance.
         SECTION 5.  Section 147.002, Local Government Code, is
  amended to read as follows:
         Sec. 147.002.  DEFINITIONS. In this chapter:
               (1)  "Firefighter" means a firefighter employed by the
  municipality who is covered by the municipality's fire pension plan
  and is classified by the municipality as nonexempt [exempt]. The
  term does not include a firefighter with a rank that is above that
  of battalion chief or section chief.
               (2)  "Firefighter employee group" means an
  organization:
                     (A)  in which, on or before September 1, 2007,
  firefighters of the municipality have participated and paid dues
  via automatic payroll deduction [for at least one year]; and
                     (B)  that exists for the purpose, in whole or in
  part, of dealing with the municipality concerning grievances, labor
  disputes, wages, rates of pay, hours of employment, or conditions
  of employment affecting firefighters.
               (3)  "Police officer" means a sworn police officer
  employed by the municipality who is covered by the municipality's
  police pension plan and is classified by the municipality as
  nonexempt [exempt]. The term does not include a police officer with
  a rank above that of captain, a civilian, or a municipal marshal.
               (4)  "Police officer employee group" means an
  organization:
                     (A)  in which, on or before September 1, 2007, at
  least three percent of the police officers of the municipality have
  participated and paid dues via automatic payroll deduction [for at
  least one year]; and
                     (B)  that exists for the purpose, in whole or in
  part, of dealing with the municipality concerning grievances, labor
  disputes, wages, rates of pay, hours of employment, or conditions
  of employment affecting police officers.
         SECTION 6.  The changes in law made by this Act to Sections
  143.127, 143.128, and 143.129, Local Government Code, apply only to
  grievances filed on or after the effective date of this Act. A
  grievance filed before the effective date of this Act is governed by
  the law in effect on the date the grievance was filed, and the
  former law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1896 passed the Senate on
  April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendments on May 30, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1896 passed the House, with
  amendments, on May 26, 2009, by the following vote: Yeas 82,
  Nays 64, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor