82R8919 NC-F

By: Gallegos S.B. No. 1746

A BILL TO BE ENTITLED

AN ACT

relating to the conditions of employment for firefighters employed by fire departments created by an interlocal agreement between two or more political subdivisions of this state; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Local Government Code, is amended by adding Chapter 179 to read as follows:

CHAPTER 179. CONDITIONS OF EMPLOYMENT FOR FIREFIGHTERS OF

DEPARTMENTS CREATED BY INTERLOCAL AGREEMENT

Sec. 179.001. DEFINITION. In this chapter, "firefighter" means a person defined as fire protection personnel under Section 419.021, Government Code.

Sec. 179.002. APPLICABILITY. (a) This chapter applies to a fire department of and firefighters employed by a fire department created by an interlocal agreement between two or more political subdivisions of this state.

(b) For purposes of this chapter, a reference to a municipality or a municipal official in a provision of law made applicable by this chapter to a fire department is considered to be a reference to the department or the official of the department responsible for the performance of the duty to which the provision applies.

Sec. 179.003. PAYROLL DEDUCTIONS; LONGEVITY PAY; CLASSIFICATION PAY; PENALTY. (a) Sections 141.008, 141.032, and 141.033 apply to a firefighter employed by a fire department.

(b) The penalty under Section 141.035 applies to a person who is in charge of the fire department or who is responsible for setting the compensation for firefighters employed by the fire department.

Sec. 179.004. ASSISTANCE; BENEFITS; WORKING CONDITIONS; PENALTY. Sections 142.001, 142.0013, 142.0015, 142.0016, 142.004, 142.009, and 142.010 apply to a firefighter employed by a fire department.

Sec. 179.005. CIVIL SERVICE. (a) A fire department is considered to have adopted Chapter 143. Chapter 143 applies to the department in the same manner as the chapter applies to a municipality with a population of less than 1.5 million that adopts that chapter. Subchapters A-F, Chapter 143, apply to the department.

(b) Each firefighter who has been in the service of the fire department for more than six months at the time this chapter first becomes applicable to the department and who is entitled to civil service classification:

(1) has the status of a civil service employee; and

(2) is not required to take a competitive examination to remain in the position the person occupies at that time.

(c) The Fire Fighters' Civil Service Commission is established in each fire department. The chief officer of the department shall appoint the members of the commission not later than the 60th day after the date this chapter first becomes applicable to the department. Not later than the 30th day after the date the department's first full fiscal year begins after the date this chapter first becomes applicable to the department, the governing bodies of the political subdivisions creating the department shall implement this chapter.

(d) The office of Director of Fire Fighters' Civil Service is established in each fire department. The Fire Fighters' Civil Service Commission shall appoint the director. The director shall serve as secretary to the commission and perform work incidental to the civil service system as required by the commission. The commission may remove the director at any time.

SECTION 2. (a) On the effective date of this Act, Chapter 179, Local Government Code, as added by this Act, first becomes applicable to an existing fire department.

(b) The governing bodies of the political subdivisions creating a fire department to which Chapter 143, Local Government Code, is, without regard to the holding of an election, applicable because of the change in law made by this Act shall implement a civil service system for the department in accordance with Subchapters A-F, Chapter 143, Local Government Code, and in accordance with Chapter 179, Local Government Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2011.