Enrolled Bill Summary

House Bill 2806	House Author:  Maldonado et al.
Effective:  9-1-09	Senate Sponsor:  Van de Putte

            Previous law provided that when a police officer or firefighter took a military leave of absence, a person was promoted to fill the vacancy. When the person returned from military leave, that person was entitled to reinstatement at the former rank. If the reinstatement resulted in a surplus in that rank, the person promoted to fill the vacancy was demoted regardless of the person's seniority.

            House Bill 2806 amends the Local Government Code to revise the reinstatement policy. If the reinstatement of a firefighter or police officer who received a military leave of absence causes a surplus in the rank to which the firefighter or police officer is reinstated, the firefighter or police officer who has the least seniority in the position is required to be returned to the position immediately below the position to which the returning firefighter or police officer is reinstated. If a firefighter or police officer is returned to a lower position in grade or compensation without charges being filed against the person for violation of civil service rules, the firefighter or police officer is required to be placed on a position reinstatement list in order of seniority. Appointments from the reinstatement list must be made in order of seniority and a person who is not on the reinstatement list may not be appointed to a position to which the list applies until the list is exhausted.