85R228 SCL-D     By: Martinez H.B. No. 2685       A BILL TO BE ENTITLED   AN ACT   relating to conditions of employment for fire protection personnel   of emergency service districts; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 775, Health and Safety Code, is amended   by adding Subchapter M to read as follows:   SUBCHAPTER M. CONDITIONS OF EMPLOYMENT          Sec. 775.401.  DEFINITION. In this subchapter, "fire   protection personnel" has the meaning assigned by Section 419.021,   Government Code.          Sec. 775.402.  PROVISIONS REGARDING APPLICABILITY OF OTHER   LAW. (a) In a provision of law made applicable by this subchapter   to a district, a reference to a municipality, a governing body of a   municipality, a municipal official, a firefighter or member of a   fire department, or a fire department is considered to be a   reference to the district, the board, the equivalent official of   the district, fire protection personnel, or the unit of a district   directly responsible for providing fire protection services,   respectively.          (b)  A provision of law made applicable by this subchapter to   a district applies to the district regardless of any population   requirement in the provision.          Sec. 775.403.  ELECTION TO ADOPT OR REPEAL CONDITIONS OF   EMPLOYMENT PROVISIONS. (a) Subject to Subsection (b), a district   shall hold an election to adopt or repeal this subchapter if the   board receives a petition requesting the election signed by a   number of registered voters of the district equal to at least 10   percent of the number of voters who voted in the most recent   election of the district.          (b)  A district may not order an election for the repeal of   the adoption of this subchapter before the first anniversary of the   adoption of this subchapter.          (c)  The district must hold an election under this subchapter   on the first authorized uniform election date prescribed by Chapter   41, Election Code, that allows sufficient time for compliance with   any requirements established by law.          (d)  The ballot in an election to adopt this subchapter shall   be printed to provide for voting for or against the proposition:   "Adoption of the state law providing conditions of employment for   fire protection personnel employed by (name of district)."          (e)  The ballot in an election to repeal this subchapter   shall be printed to provide for voting for or against the   proposition: "Repeal of the adoption of the state law providing   conditions of employment for fire protection personnel employed by   (name of district)."          (f)  If an election for the adoption or the repeal of the   adoption of this subchapter is held under this subchapter, a like   petition for a subsequent election may not be submitted before the   first anniversary of the date of the preceding election.          Sec. 775.404.  EFFECT OF ELECTION. (a) If a majority of the   voters voting at an election to adopt this subchapter vote in favor   of adoption, the district shall implement the provisions of this   subchapter. The district must implement the provisions not later   than the 30th day after the first day of the district's first fiscal   year that begins after the date of the election.          (b)  If a majority of the voters voting at an election to   repeal this subchapter vote in favor of repeal, the subchapter no   longer applies to the district.          Sec. 775.405.  PAYROLL DEDUCTIONS; SALARY; LONGEVITY PAY;   CLASSIFICATION PAY; PENALTY. (a) Sections 141.008, 141.031(d),   141.032, 141.033, and 141.034, Local Government Code, apply to fire   protection personnel employed by a district that adopts this   subchapter.          (b)  The penalty under Section 141.035, Local Government   Code, applies to a person who is in charge of or who is responsible   for setting the compensation for all fire protection personnel   employed by a district.          Sec. 775.406.  ASSISTANCE; BENEFITS; WORKING CONDITIONS;   PENALTY. (a) Sections 142.001(a), (d), and (e), 142.0013,   142.0015, 142.0016, 142.004, 142.005, 142.006, 142.008, and   142.009, Local Government Code, apply to fire protection personnel   employed by a district that adopts this subchapter.          (b)  A provision of Section 142.0013 or 142.0015, Local   Government Code, does not apply if the provision is inconsistent   with a collective bargaining agreement that:                (1)  was in effect on August 31, 2017; and                (2)  was entered into in accordance with Subchapter D,   Chapter 174, Local Government Code.          SECTION 2.  This Act takes effect September 1, 2017.