HBA-NMO C.S.H.B. 1132 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1132
By: Hinojosa
Urban Affairs
4/11/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Current law does not require municipal fire and police departments to pay
their firefighters and police officers additional wages for the use of
additional language skills.  C.S.H.B. 1132 authorizes the payment of
additional wages to  a  municipal firefighter or police officer receive for
the use of additional language skills outside the scope of the firefighter
or police officer's job description.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 141, Local Government Code, by adding Subchapter
C, as follows: 

SUBCHAPTER C.  ADDITIONAL WAGES FOR CERTAIN
MUNICIPAL FIREFIGHTERS AND POLICE OFFICERS

Sec. 141.051.  DEFINITIONS.  Defines "additional language skill,"
"firefighter," and "police officer." 

Sec. 141.052.  ENTITLEMENT TO ADDITIONAL WAGES FOR CERTAIN SERVICES.
Authorizes that a firefighter or police officer receive appropriate
additional wages if the firefighter or police officer provides a service
that uses an additional language skill to a respective fire or police
department, and the additional language skill used is outside the course
and scope of the firefighter or police officer's official job description. 

Sec. 141.053.  DEPARTMENTAL GUIDELINES. Authorizes the fire or police
department to establish guidelines to determine the types of additional
language skills and the levels of fluency in additional language skills
that require a department to pay additional wages, and the appropriate
levels of additional wages. 

SECTION 2.  Amends Section 143.113(c), Local Government Code, to make no
change. 

SECTION 3.  (a) Effective date: September 1, 1999, except as provided by
Subsection (b). 

(b) Provides that Section 141.054 takes effect on January 1, 2000.

(c) Makes application of Section 141.054 prospective to January 1, 2000.

SECTION 4.  Emergency clause.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in caption by deleting reference
to a civil penalty. 

The substitute differs from the original in SECTION 1, as follows:

 Modifies proposed Section 141.052, Local Government Code, to authorize
that a firefighter or police officer receive, rather than entitling a
firefighter or police officer to, appropriate additional wages if the
firefighter or police officer provides a service that uses an additional
language skill to a  respective fire or police department, and the
additional language skill used is outside the course and scope of the
firefighter or police officer's official job description.   

Modifies proposed Section 141.053, Local Government Code, by authorizing,
rather than requiring, the fire or police department to establish
guidelines to determine the types of additional language skills and the
levels of fluency in additional language skills that require a department
to pay additional wages, and the appropriate levels of additional wages. 

Deletes proposed Section 141.054 (Civil Penalty), Local Government Code.

The substitute differs from the original in SECTION 2, in the amendment of
143.113(c), Local Government Code, by reinstating existing text of law,
whereas the original requires, rather than authorizes, a municipality's
governing body to assignment pay for bilingual personnel performing
specialized functions as interpreters or translators in their respective
departments.