By: Shelley S.B. No. 1364
A BILL TO BE ENTITLED
AN ACT
1-1 relating to municipal civil service in certain municipalities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Section 143.108, Local Government
1-4 Code, is amended to read as follows:
1-5 (b) If an eligibility list exists on the date a vacancy
1-6 occurs, the vacancy shall be filled by permanent appointment from
1-7 the eligibility list furnished by the commission within 60 days
1-8 after the date the vacancy occurs. If an eligibility list does not
1-9 exist, the vacancy shall be filled within 95 days after the date
1-10 the vacancy occurs from an eligibility list that the commission
1-11 shall provide within 90 days after the date the vacancy occurs.
1-12 SECTION 2. Subchapter G, Chapter 143, Local Government Code,
1-13 is amended by adding Section 143.1155 to read as follows:
1-14 Sec. 143.1155. ACCUMULATED VACATION AND HOLIDAY LEAVE. A
1-15 fire fighter or police officer who leaves the classified service
1-16 due to disability or the beneficiary of a fire fighter or police
1-17 officer who dies is entitled to receive a lump-sum payment of the
1-18 full amount of the fire fighter's or police officer's accumulated
1-19 vacation and holiday leave.
1-20 SECTION 3. Section 143.134, Local Government Code, is
1-21 amended by adding Subsection (h) to read as follows:
1-22 (h) If the decision of the commission under Section 143.131
1-23 or the decision of a hearing examiner under Section 143.129 that
1-24 has become final is favorable to a fire fighter, the department
2-1 head shall implement the relief granted to the fire fighter not
2-2 later than the 10th day after the date on which the decision was
2-3 issued. If the department head intentionally fails to implement
2-4 the relief within the 10-day period, the municipality shall pay the
2-5 fire fighter $1,000 for each day after the 10-day period that the
2-6 decision is not yet implemented.
2-7 SECTION 4. Subsection (d), Section 143.106, Local Government
2-8 Code, is repealed.
2-9 SECTION 5. (a) The changes in law made by this Act to
2-10 Sections 143.106 and 143.108, Local Government Code, apply only to
2-11 promotional vacancies created on or after the effective date of
2-12 this Act.
2-13 (b) Section 143.1155, Local Government Code, as added by
2-14 this Act, applies only to fire fighters or police officers who die
2-15 or who become disabled on or after the effective date of this Act.
2-16 (c) Subsection (h), Section 143.134, Local Government Code,
2-17 as added by this Act, applies only to a decision issued by a civil
2-18 service commission under Section 143.131, Local Government Code, or
2-19 by a hearing examiner under Section 143.129, Local Government Code,
2-20 on or after the effective date of this Act.
2-21 SECTION 6. This Act takes effect September 1, 1993.
2-22 SECTION 7. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.