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H.B. No. 263
AN ACT
relating to the civil service status of certain fire department
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 143, Local Government
Code, is amended by adding Section 143.0051 to read as follows:
Sec. 143.0051. STATUS OF EMPLOYEES IN CERTAIN FIRE
DEPARTMENTS. (a) This section applies only to a fire department
employee employed by a municipality with a population of 220,000 or
more. This section does not apply to a fire department employee
employed by a municipality:
(1) that has adopted Chapter 174; or
(2) to which Subchapter H or I applies.
(b) Notwithstanding any other provision of this chapter, a
previously non-classified fire department employee who serves in a
position described by Section 143.003(4)(B), (D), (G), or (J) has
the status of a civil service employee and is not required to take a
competitive examination to remain in the employee's position if:
(1) the employee was appointed to that position on or
before May 1, 2005, and was serving in that position on the date
described by Subsection (c); and
(2) the municipality's governing body by ordinance
amends the municipality's existing classification of fire
department employees to include the employee's position as provided
by Section 143.021.
(c) The civil service status of an employee to which
Subsection (b) applies is effective on the date that the ordinance
amending the municipality's classification system to include the
employee's position takes effect.
(d) A fire department employee who has civil service status
under Subsection (b) may be promoted only:
(1) by competitive examination in accordance with the
competitive civil service procedures prescribed in this chapter;
and
(2) within the employee's existing division.
(e) A fire department employee who has civil service status
under Subsection (b) may not:
(1) supervise or evaluate classified civil service
personnel assigned to fire suppression or emergency medical
operations; or
(2) laterally transfer to fire suppression or
emergency medical operations.
(f) If a fire department employee who has civil service
status under Subsection (b) leaves the employee's position for any
reason, a person selected to fill that position must be selected in
accordance with the competitive civil service procedures
prescribed in this chapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 263 was passed by the House on March
23, 2005, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 263 was passed by the Senate on May
12, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor