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A BILL TO BE ENTITLED
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AN ACT
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relating to business leave time accounts for firefighter employee |
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organizations in certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 142, Local Government |
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Code, is amended by adding Section 142.0135 to read as follows: |
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Sec. 142.0135. BUSINESS LEAVE TIME ACCOUNT FOR FIREFIGHTERS |
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IN CERTAIN MUNICIPALITIES. (a) This section applies only to |
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firefighters employed by a municipality with a population of one |
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million or more that has not adopted Chapter 174 and to which |
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Chapter 143 does not apply. |
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(b) In this section: |
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(1) "Business leave" means leave taken for the purpose |
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of attending to the business of an employee organization. |
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(2) "Employee organization" includes: |
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(A) the Dallas Fire Fighters Association; |
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(B) the Dallas Black Fire Fighters Association; |
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and |
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(C) the Dallas Hispanic Firefighters |
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Association. |
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(c) A firefighter who is a member of an employee |
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organization may donate not more than one hour for each quarter of |
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accumulated leave time to the business leave time account of the |
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employee organization to which the firefighter belongs. The |
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municipality shall establish and maintain a separate business leave |
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time account for each employee organization that has approved or |
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ratified the use of business leave time by its members under this |
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section. |
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(d) Only a firefighter who is a member of an employee |
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organization may use for business leave purposes the time donated |
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to the account of the employee organization. A firefighter may use |
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for business leave purposes the time donated under this section |
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without receiving a reduction in salary and without reimbursing the |
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municipality. |
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(e) A request to use for business leave purposes the time in |
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an employee organization's time account must be in writing and be |
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submitted to the municipality by the president or the equivalent |
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officer of the employee organization or by that officer's designee. |
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(f) The municipality shall grant a request for business |
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leave that complies with Subsection (e) unless: |
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(1) denial of the request is necessary because of an |
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emergency; or |
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(2) a grant of the request will result in having an |
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insufficient number of firefighters to carry out the normal |
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functions of the municipality. |
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(g) The municipality shall account for the time donated to |
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each account and used from each account. The municipality shall |
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credit and debit an account on an hour-for-hour basis regardless of |
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the cash value of the time donated or used. |
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(h) An employee organization may not use for business leave |
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purposes more than 4,000 hours from its business leave time account |
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under this section in a calendar year unless the municipality |
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approves the use of hours in excess of 4,000. This subsection does |
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not prevent an employee organization from accumulating more than |
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4,000 hours, but only addresses the total number of donated hours |
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that an employee organization may use in any calendar year. |
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(i) The use of business leave by a firefighter under this |
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section is not a break in service for any purpose and is treated as |
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any other paid leave. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |