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A BILL TO BE ENTITLED
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AN ACT
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relating to the conditions of employment for firefighters employed |
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by certain emergency services districts; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Local Government Code, is |
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amended by adding Chapter 179A to read as follows: |
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CHAPTER 179A. CONDITIONS OF EMPLOYMENT FOR FIREFIGHTERS OF CERTAIN |
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EMERGENCY SERVICES DISTRICTS |
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Sec. 179A.001. DEFINITION. In this chapter, "firefighter" |
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means a person defined as fire protection personnel under Section |
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419.021, Government Code. |
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Sec. 179A.002. APPLICABILITY. (a) This chapter applies to |
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a fire department of and firefighters employed by an emergency |
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services district with a population of more than 50,000. |
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(b) For purposes of this chapter, a reference to a |
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municipality or a municipal official in a provision of law made |
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applicable by this chapter to an emergency services district is |
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considered to be a reference to the district or the official of the |
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district responsible for the performance of the duty to which the |
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provision applies. |
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Sec. 179A.003. PAYROLL DEDUCTIONS; LONGEVITY PAY; |
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CLASSIFICATION PAY; PENALTY. (a) Sections 141.008, 141.032, and |
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141.033 apply to a firefighter employed by an emergency services |
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district. |
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(b) The penalty under Section 141.035 applies to a person |
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who is in charge of the fire department of an emergency services |
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district or who is responsible for setting the compensation for |
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firefighters employed by a district. |
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Sec. 179A.004. ASSISTANCE; BENEFITS; WORKING CONDITIONS; |
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PENALTY. Sections 142.001, 142.0013, 142.0015, 142.0016, 142.004, |
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142.009, and 142.010 apply to a firefighter employed by an |
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emergency services district. |
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Sec. 179A.005. CIVIL SERVICE. (a) An emergency services |
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district is considered to have adopted Chapter 143. Chapter 143 |
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applies to the district's fire department in the same manner as the |
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chapter applies to a municipality with a population of less than 1.5 |
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million that adopts that chapter. Subchapters A-F, Chapter 143, |
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apply to the district's fire department. |
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(b) Each firefighter who has been in the service of the |
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emergency services district for more than six months at the time |
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this chapter first becomes applicable to the district and who is |
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entitled to civil service classification: |
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(1) has the status of a civil service employee; and |
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(2) is not required to take a competitive examination |
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to remain in the position the person occupies at that time. |
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(c) The Fire Fighters' Civil Service Commission is |
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established in each emergency services district. The president of |
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the district's board of emergency services commissioners shall |
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appoint the members of the commission not later than the 60th day |
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after the date this chapter first becomes applicable to the |
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district. Not later than the 30th day after the date the district's |
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first full fiscal year begins after the date this chapter first |
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becomes applicable to the district, the district's board of |
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emergency services commissioners shall implement this chapter. |
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(d) The office of Director of Fire Fighters' Civil Service |
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is established in each emergency services district. The Fire |
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Fighters' Civil Service Commission shall appoint the director. The |
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director shall serve as secretary to the commission and perform |
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work incidental to the civil service system as required by the |
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commission. The commission may remove the director at any time. |
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SECTION 2. (a) On the effective date of this Act, Chapter |
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179A, Local Government Code, as added by this Act, first becomes |
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applicable to an existing emergency services district. |
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(b) The board of emergency services commissioners of an |
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emergency services district to which Chapter 143, Local Government |
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Code, is, without regard to the holding of an election, applicable |
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because of the change in law made by this Act shall implement a |
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civil service system for the district in accordance with |
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Subchapters A-F, Chapter 143, Local Government Code, and in |
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accordance with Chapter 179A, Local Government Code, as added by |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |