TITLE: Relating to the conditions of employment for firefighters employed by certain emergency services districts; providing penalties.

SUMMARY: Relating to the conditions of employment for firefighters employed by certain emergency services districts; providing penalties.

FULL TEXT:
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.