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.