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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 fire departments created by an interlocal agreement between two |
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or more political subdivisions of this state; 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 179 to read as follows: |
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CHAPTER 179. CONDITIONS OF EMPLOYMENT FOR FIREFIGHTERS OF |
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DEPARTMENTS CREATED BY INTERLOCAL AGREEMENT |
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Sec. 179.001. 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. 179.002. APPLICABILITY. (a) This chapter applies to a |
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fire department of and firefighters employed by a fire department |
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created by an interlocal agreement between two or more political |
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subdivisions of this state. |
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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 a fire department is considered to be |
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a reference to the department or the official of the department |
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responsible for the performance of the duty to which the provision |
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applies. |
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Sec. 179.003. 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 a fire department. |
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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 or who is responsible for |
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setting the compensation for firefighters employed by the fire |
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department. |
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Sec. 179.004. 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 a fire |
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department. |
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Sec. 179.005. CIVIL SERVICE. (a) A fire department is |
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considered to have adopted Chapter 143. Chapter 143 applies to the |
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department in the same manner as the chapter applies to a |
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municipality with a population of less than 1.5 million that adopts |
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that chapter. Subchapters A-F, Chapter 143, apply to the |
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department. |
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(b) Each firefighter who has been in the service of the fire |
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department for more than six months at the time this chapter first |
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becomes applicable to the department and who is entitled to civil |
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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 fire department. The chief officer of the |
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department shall appoint the members of the commission not later |
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than the 60th day after the date this chapter first becomes |
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applicable to the department. Not later than the 30th day after the |
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date the department's first full fiscal year begins after the date |
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this chapter first becomes applicable to the department, the |
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governing bodies of the political subdivisions creating the |
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department 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 fire department. The Fire Fighters' Civil |
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Service Commission shall appoint the director. The director shall |
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serve as secretary to the commission and perform work incidental to |
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the civil service system as required by the commission. The |
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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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179, Local Government Code, as added by this Act, first becomes |
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applicable to an existing fire department. |
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(b) The governing bodies of the political subdivisions |
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creating a fire department 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 department in accordance with |
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Subchapters A-F, Chapter 143, Local Government Code, and in |
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accordance with Chapter 179, 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. |