HBA-JEK C.S.H.B. 1605 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1605 By: Chisum Urban Affairs 3/8/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas attorney general issued an opinion in March, 2000 prohibiting a member of the Gilmer Volunteer Fire Department from simultaneously serving as a member of the city council of the City of Gilmer. The attorney general concluded that such an action would implicate the common law doctrine of selfemployment incompatibility that bars an individual from holding two positions, one of which is immediately or ultimately answerable to the other. The attorney general noted that the Gilmer fire department volunteers are not truly unpaid and that the fire chief elected by the volunteer fire department must be approved or denied by the city council. As many city charters allow for a modest level of compensation for volunteer fire fighters, the distinction between "volunteer" and "employee" can blur. Volunteers such as reserve police officers, volunteer emergency medical service technicians, and volunteer librarians make important contributions to small communities whether they are uncompensated or modestly compensated for their service. C.S.H.B. 1605 allows a member of the governing body of a municipality with a population of less than 10,000 to serve as a volunteer for an organization regardless of whether the organization is funded or supported by the municipality. 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. ANALYSIS C.S.H.B. 1605 amends the Local Government Code to authorize a member of the governing body of a municipality with a population of less than 10,000 to serve as a volunteer for any organization that protects the health, safety, or welfare of the municipality if the governing body of the municipality adopts a resolution allowing members of the governing body to perform service of that nature. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1605 differs from the original by providing that the governing body of a municipality must adopt a resolution allowing members of the governing body to perform the specified volunteer services.