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.