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A BILL TO BE ENTITLED
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AN ACT
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relating to business leave time for certain municipal firefighters |
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and police officers. |
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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 142.014 to read as follows: |
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Sec. 142.014. 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) If the constitution and bylaws of an employee |
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organization authorize the employee organization to participate in |
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the establishment and maintenance of a business leave time account |
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as provided by this section, a firefighter who is a member of an |
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employee organization may donate not more than one hour of |
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accumulated leave time for each calendar quarter to the business |
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leave time account of the employee organization to which the |
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firefighter belongs. The municipality shall establish and maintain |
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a separate business leave time account for each employee |
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organization that has approved or ratified the use of business |
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leave time by its members under this section and has a specific |
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provision in the constitution and bylaws of that employee |
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organization. |
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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. Sections 142.013(b) and (c), Local Government |
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Code, are amended to read as follows: |
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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 Texas Peace Officers Association; |
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(B) the Dallas Police Association; |
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(C) the Dallas Fraternal Order of Police; [and] |
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(D) the Latino Peace Officers Association; and |
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(E) the Black Police Association of Greater |
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Dallas. |
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(c) If the constitution and bylaws of an employee |
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organization authorize the employee organization to participate in |
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the establishment and maintenance of a business leave time account |
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as provided by this section, a [A] police officer may donate not |
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more than two hours for each month of accumulated vacation or |
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compensatory time to the business leave time account of the [an] |
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employee organization. The municipality shall establish and |
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maintain a business leave time account for each employee |
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organization. |
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SECTION 3. 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. |