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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 fire fighter 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. Chapter 142, Local Government Code, is amended |
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by adding Section 142.0135 to read as follows: |
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Sec. 142.0135. BUSINESS LEAVE TIME ACCOUNT FOR FIRE |
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FIGHTERS IN CERTAIN MUNICIPALITIES. (a) This section applies only |
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to fire fighters 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 Fighter's Association |
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(c) A fire fighter shall donate not more than one hour for |
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each quarter of accumulated time to the business leave time account |
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of the Dallas Fire Fighter's Association. The municipality shall |
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establish and maintain a business leave time account for the |
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employee organization. |
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(d) Only a fire fighter who is a member of the Dallas Fire |
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Fighter's Association may use for business leave purposes the time |
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donated to the account of the employee organization. A fire fighter |
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may use for business leave purposes the time donated under this |
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section without receiving a reduction in salary and without |
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reimbursing the 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 |
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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 (f) 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 fire fighters 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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the account and used from the account. The municipality shall |
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credit and debit the account on an hour-for-hour basis regardless |
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of the cash value of the time donated or used. |
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(h) The 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 fire fighter 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. |