82R3560 JTS-F
 
  By: Howard of Travis, Rodriguez H.B. No. 554
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the civil service status of emergency medical services
 
  personnel in certain municipalities.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  Chapter 143, Local Government Code, is amended
 
  by adding Subchapter K to read as follows:
 
  SUBCHAPTER K. CIVIL SERVICE STATUS OF EMERGENCY MEDICAL SERVICES
 
  PERSONNEL IN CERTAIN MUNICIPALITIES
         
         Sec. 143.401.  APPLICABILITY. (a) This subchapter applies
 
  only to a municipality:
               
               (1)  with a population of 460,000 or more that operates
 
  under a city manager form of government; and
               
               (2)  that employs emergency medical services personnel
 
  in a municipal department other than the fire department.
         
         (b)  In this subchapter, "emergency medical services
 
  personnel" has the meaning assigned by Section 773.003, Health and
 
  Safety Code. The term applies only to an individual certified under
 
  Chapter 773, Health and Safety Code.
         
         Sec. 143.402.  ELECTION TO ADOPT OR REPEAL SUBCHAPTER. (a)
 
  A municipality may hold an election to adopt or repeal this
 
  subchapter as provided by this section.
         
         (b)  If the governing body of the municipality receives a
 
  petition requesting an election that is signed by a number of
 
  registered voters who reside in the municipality equal to at least
 
  10 percent of the number of voters who voted in the most recent
 
  municipal general election, the governing body shall order an
 
  election submitting to the voters the question of whether this
 
  subchapter should be adopted. The election must be held on the first
 
  authorized uniform election date prescribed by Chapter 41, Election
 
  Code, that occurs after the petition is filed and that allows
 
  sufficient time to comply with other requirements of law.
         
         (c)  The ballot shall be printed to provide for voting for or
 
  against the proposition: "Adoption of the emergency medical
 
  services personnel civil service law." If a majority of the votes
 
  received in the election favor adoption of this subchapter, the
 
  governing body shall implement this subchapter.
         
         (d)  A petition for a subsequent election to be held under
 
  Subsection (b) may not be filed for at least one year after the date
 
  of a previous election under that subsection.  To be valid, a
 
  petition for a subsequent election must contain the signatures of a
 
  number of registered voters who reside in the municipality equal to
 
  at least 20 percent of the number of voters who voted in the most
 
  recent municipal general election. Any subsequent election must be
 
  held at the next municipal general election that occurs after the
 
  petition is filed.
         
         (e)  If the governing body of a municipality that has
 
  operated under this subchapter for at least one year receives a
 
  petition requesting an election to repeal this subchapter that is
 
  signed by at least 10 percent of the registered voters who reside in
 
  the municipality, the governing body shall order an election
 
  submitting to the voters the question of whether this subchapter
 
  should be repealed. If a majority of the votes received favor repeal
 
  of this subchapter, this subchapter is void in that municipality.
         
         Sec. 143.403.  STATUS OF EMPLOYEES IF SUBCHAPTER ADOPTED.
 
  (a) Each person who is employed for more than six months as
 
  emergency medical services personnel serving in a municipality at
 
  the time this subchapter is adopted in the municipality and who is
 
  entitled to civil service classification has the status of a civil
 
  service employee and is not required to take a competitive
 
  examination to remain in the position the person occupies at the
 
  time of the adoption.
         
         (b)  On adoption of this subchapter, the governing body of
 
  the municipality employing emergency medical services personnel
 
  shall classify the personnel in accordance with Section 143.021 and
 
  the duties performed by the personnel.
         
         (c)  To the extent it can be made applicable, each provision
 
  of this chapter, including the provisions relating to eligibility
 
  lists, examinations, promotions, appointments, educational
 
  incentive pay, longevity or seniority pay, certification pay,
 
  assignment pay, salary, vacation leave, and disciplinary appeals,
 
  applies to emergency medical services personnel covered by this
 
  subchapter.
         
         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, 2011.