Bill Text: TX SB1746 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Intergovernmental Relations [SB1746 Detail]
Download: Texas-2011-SB1746-Introduced.html
82R8919 NC-F | ||
By: Gallegos | S.B. No. 1746 |
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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. |