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AN ACT
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relating to the civil service status of emergency medical services |
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personnel 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 143, Local Government Code, is amended |
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by adding Subchapter K to read as follows: |
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SUBCHAPTER K. CIVIL SERVICE STATUS OF EMERGENCY MEDICAL SERVICES |
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PERSONNEL IN CERTAIN MUNICIPALITIES |
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Sec. 143.401. APPLICABILITY. (a) This subchapter applies |
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only to a municipality: |
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(1) with a population of 460,000 or more that operates |
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under a city manager form of government; and |
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(2) that employs emergency medical services personnel |
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in a municipal department other than the fire department. |
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(b) In this subchapter, "emergency medical services |
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personnel" has the meaning assigned by Section 773.003, Health and |
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Safety Code. The term applies only to an individual certified under |
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Chapter 773, Health and Safety Code. |
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Sec. 143.402. ELECTION TO ADOPT OR REPEAL SUBCHAPTER. (a) |
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A municipality may hold an election to adopt or repeal this |
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subchapter as provided by this section. |
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(b) If the governing body of the municipality receives a |
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petition requesting an election that is signed by a number of |
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registered voters who reside in the municipality equal to at least |
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10 percent of the number of voters who voted in the most recent |
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municipal general election, the governing body shall order an |
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election submitting to the voters the question of whether this |
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subchapter should be adopted. The election must be held on the first |
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authorized uniform election date prescribed by Chapter 41, Election |
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Code, that occurs after the petition is filed and that allows |
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sufficient time to comply with other requirements of law. |
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(c) The ballot shall be printed to provide for voting for or |
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against the proposition: "Adoption of the emergency medical |
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services personnel civil service law." If a majority of the votes |
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received in the election favor adoption of this subchapter, the |
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governing body shall implement this subchapter. |
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(d) A petition for a subsequent election to be held under |
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Subsection (b) may not be filed for at least one year after the date |
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of a previous election under that subsection. To be valid, a |
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petition for a subsequent election must contain the signatures of a |
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number of registered voters who reside in the municipality equal to |
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at least 20 percent of the number of voters who voted in the most |
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recent municipal general election. Any subsequent election must be |
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held at the next municipal general election that occurs after the |
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petition is filed. |
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(e) If the governing body of a municipality that has |
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operated under this subchapter for at least one year receives a |
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petition requesting an election to repeal this subchapter that is |
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signed by at least 10 percent of the registered voters who reside in |
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the municipality, the governing body shall order an election |
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submitting to the voters the question of whether this subchapter |
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should be repealed. If a majority of the votes received favor repeal |
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of this subchapter, this subchapter is void in that municipality. |
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Sec. 143.403. STATUS OF EMPLOYEES IF SUBCHAPTER ADOPTED. |
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(a) Each person who is employed for more than six months as |
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emergency medical services personnel serving in a municipality at |
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the time this subchapter is adopted in the municipality and who is |
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entitled to civil service classification has the status of a civil |
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service employee and is not required to take a competitive |
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examination to remain in the position the person occupies at the |
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time of the adoption. |
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(b) On adoption of this subchapter, the governing body of |
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the municipality employing emergency medical services personnel |
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shall classify the personnel in accordance with Section 143.021 and |
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the duties performed by the personnel. |
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(c) To the extent it can be made applicable, each provision |
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of this chapter, including the provisions relating to eligibility |
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lists, examinations, promotions, appointments, educational |
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incentive pay, longevity or seniority pay, certification pay, |
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assignment pay, salary, vacation leave, and disciplinary appeals, |
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applies to emergency medical services personnel covered by this |
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subchapter. |
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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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 554 was passed by the House on May 3, |
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2011, by the following vote: Yeas 136, Nays 8, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 554 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |