By: Frazier, et al. (Senate Sponsor - Johnson) H.B. No. 3980
         (In the Senate - Received from the House May 3, 2023;
  May 5, 2023, read first time and referred to Committee on Local
  Government; May 22, 2023, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 22, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the business leave time account for a firefighter
  employee organization in certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 142.014, Local Government Code, is
  amended by adding Subsection (c-1) to read as follows:
         (c-1)  Donations to the business leave time account of an
  employee organization by its members may be authorized in one of the
  following ways:
               (1)  if the majority of the membership of the employee
  organization has not affirmatively voted to require contributions
  by the employee organization's members to its business leave time
  account:
                     (A)  a firefighter must authorize the donation in
  writing on a form provided by the employee organization and
  approved by the municipality; and
                     (B)  after receiving the signed authorization on
  an approved form, the municipality shall transfer donated time to
  the account monthly until the municipality receives the
  firefighter's written revocation of the authorization; or
               (2)  if the majority of the membership of the employee
  organization has affirmatively voted to require contributions by
  the employee organization's members to its business leave time
  account:
                     (A)  except as provided by Paragraph (C), the
  municipality shall transfer donated time to the employee
  organization's business leave time account from the accumulated
  vacation or compensatory time of each firefighter who is a member of
  the employee organization in the amount approved by vote of the
  employee organization not to exceed the amount allowed under
  Subsection (c);
                     (B)  the municipality shall transfer the donated
  time to the account monthly beginning with the first calendar month
  that begins after the date of the employee organization vote
  requiring contributions;
                     (C)  each year, during the period beginning on the
  60th day before the anniversary of the first day of the first
  calendar month in which donations were first transferred to the
  business leave time account of the employee organization under
  Paragraph (B) and ending on the 30th day before that anniversary, a
  firefighter who is a member of the employee organization may inform
  the municipality in writing on a form provided by the employee
  organization and approved by the municipality that the firefighter
  chooses to not donate time to the account during the 12-month period
  beginning with that anniversary; and
                     (D)  the employee organization shall make up for
  the costs which incurred during the business leave by payment to the
  municipality in the amount equal to the overtime, pension and
  healthcare costs associated with replacing the firefighter on
  business leave.
         SECTION 2.  Section 142.014(h), Local Government Code, is
  repealed.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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