82R8921 NC-F
	By: Gallegos	S.B. No. 1747

	A BILL TO BE ENTITLED
	AN ACT
	relating to the conditions of employment for firefighters employed
	by certain emergency services districts; 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 179A to read as follows:
	CHAPTER 179A. CONDITIONS OF EMPLOYMENT FOR FIREFIGHTERS OF CERTAIN
	EMERGENCY SERVICES DISTRICTS
	Sec. 179A.001.  DEFINITION. In this chapter, "firefighter"
	means a person defined as fire protection personnel under Section
	419.021, Government Code.
	Sec. 179A.002.  APPLICABILITY. (a)  This chapter applies to
	a fire department of and firefighters employed by an emergency
	services district with a population of more than 50,000.
	(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 an emergency services district is
	considered to be a reference to the district or the official of the
	district responsible for the performance of the duty to which the
	provision applies.
	Sec. 179A.003.  PAYROLL DEDUCTIONS; LONGEVITY PAY;
	CLASSIFICATION PAY; PENALTY. (a)  Sections 141.008, 141.032, and
	141.033 apply to a firefighter employed by an emergency services
	district.
	(b)  The penalty under Section 141.035 applies to a person
	who is in charge of the fire department of an emergency services
	district or who is responsible for setting the compensation for
	firefighters employed by a district.
	Sec. 179A.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 an
	emergency services district.
	Sec. 179A.005.  CIVIL SERVICE. (a) An emergency services
	district is considered to have adopted Chapter 143. Chapter 143
	applies to the district's fire 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 district's fire department.
	(b)  Each firefighter who has been in the service of the
	emergency services district for more than six months at the time
	this chapter first becomes applicable to the district 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 emergency services district. The president of
	the district's board of emergency services commissioners shall
	appoint the members of the commission not later than the 60th day
	after the date this chapter first becomes applicable to the
	district. Not later than the 30th day after the date the district's
	first full fiscal year begins after the date this chapter first
	becomes applicable to the district, the district's board of
	emergency services commissioners shall implement this chapter.
	(d)  The office of Director of Fire Fighters' Civil Service
	is established in each emergency services district.  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
	179A, Local Government Code, as added by this Act, first becomes
	applicable to an existing emergency services district.
	(b)  The board of emergency services commissioners of an
	emergency services district 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 district in accordance with
	Subchapters A-F, Chapter 143, Local Government Code, and in
	accordance with Chapter 179A, Local Government Code, as added by
	this Act.
	SECTION 3.  This Act takes effect September 1, 2011.