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AN ACT
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relating to the employment of firefighters and police officers and |
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the provision of emergency medical services in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 143, Local Government |
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Code, is amended by adding Section 143.0052 to read as follows: |
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Sec. 143.0052. FEE FOR EMERGENCY MEDICAL SERVICES. |
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(a) This section applies only to a municipality that: |
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(1) has a population of more than 200,000 and less than |
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250,000; |
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(2) is located in a county in which another |
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municipality that has a population of more than one million is |
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predominately located; and |
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(3) whose emergency medical services are administered |
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by a fire department. |
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(b) By resolution of its governing body, a municipality may |
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establish a monthly fee for the costs of emergency medical |
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services, including salary and overtime related to medical |
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personnel. This fee is applicable to each and every customer served |
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by a municipal water account and may be collected in conjunction |
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with the bill for water services. |
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(c) A municipality acting under this section supersedes any |
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authority established under Chapter 286, Health and Safety Code. |
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SECTION 2. Subsection (a), Section 143.127, Local |
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Government Code, is amended to read as follows: |
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(a) Except as otherwise provided by this subsection, a [A] |
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fire fighter or police officer may file a grievance as provided by |
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this subchapter[. The fire fighter or police officer may file a
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grievance] that relates to any aspect of the fire fighter's or |
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police officer's employment covered by this chapter [the same
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aspects of the person's employment over which the civil service
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commission for the employees of the municipality who are not
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subject to this chapter would have lawful jurisdiction, including
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but not limited to a written or oral reprimand, transfers, job
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performance reviews, and job assignments]. The fire fighter or |
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police officer may not file a grievance relating to: |
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(1) a disciplinary suspension, indefinite suspension, |
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promotional pass over, or demotion or other action or decision for |
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which a hearing, review, or appeal is otherwise provided by this |
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chapter; or |
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(2) an allegation of discrimination based, in whole or |
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in part, on race, color, religion, sex, or national origin. |
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SECTION 3. Section 143.128, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (f) to |
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read as follows: |
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(a) To begin a grievance action, a fire fighter or police |
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officer must file a completed written step I grievance form with the |
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person's department head or departmental grievance counselor |
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within 30 days after the date the fire fighter or police officer |
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knew or should have known of the action or inaction for which the |
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person feels aggrieved occurred. A step I grievance form may be |
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obtained from the departmental grievance counselor. If the form is |
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not timely filed, the grievance is waived. |
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(f) If the supervisor does not provide the response required |
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by Subsection (d) before the 16th day after the date the meeting |
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occurs, the department head shall sustain the fire fighter's or |
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police officer's grievance. |
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SECTION 4. Section 143.129, Local Government Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) If the department head or the department head's |
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representative does not provide the response required by Subsection |
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(c) before the 16th day after the date the meeting occurs, the |
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department head shall sustain the fire fighter's or police |
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officer's grievance. |
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SECTION 5. Section 147.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 147.002. DEFINITIONS. In this chapter: |
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(1) "Firefighter" means a firefighter employed by the |
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municipality who is covered by the municipality's fire pension plan |
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and is classified by the municipality as nonexempt [exempt]. The |
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term does not include a firefighter with a rank that is above that |
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of battalion chief or section chief. |
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(2) "Firefighter employee group" means an |
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organization: |
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(A) in which, on or before September 1, 2007, |
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firefighters of the municipality have participated and paid dues |
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via automatic payroll deduction [for at least one year]; and |
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(B) that exists for the purpose, in whole or in |
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part, of dealing with the municipality concerning grievances, labor |
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disputes, wages, rates of pay, hours of employment, or conditions |
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of employment affecting firefighters. |
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(3) "Police officer" means a sworn police officer |
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employed by the municipality who is covered by the municipality's |
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police pension plan and is classified by the municipality as |
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nonexempt [exempt]. The term does not include a police officer with |
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a rank above that of captain, a civilian, or a municipal marshal. |
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(4) "Police officer employee group" means an |
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organization: |
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(A) in which, on or before September 1, 2007, at |
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least three percent of the police officers of the municipality have |
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participated and paid dues via automatic payroll deduction [for at
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least one year]; and |
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(B) that exists for the purpose, in whole or in |
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part, of dealing with the municipality concerning grievances, labor |
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disputes, wages, rates of pay, hours of employment, or conditions |
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of employment affecting police officers. |
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SECTION 6. The changes in law made by this Act to Sections |
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143.127, 143.128, and 143.129, Local Government Code, apply only to |
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grievances filed on or after the effective date of this Act. A |
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grievance filed before the effective date of this Act is governed by |
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the law in effect on the date the grievance was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1896 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendments on May 30, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1896 passed the House, with |
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amendments, on May 26, 2009, by the following vote: Yeas 82, |
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Nays 64, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |