By:  Shelley                                          S.B. No. 1364
       73R8401 MLR-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal civil service in certain municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 143.108(b), Local Government Code, is
    1-5  amended to read as follows:
    1-6        (b)  If an eligibility list exists on the date a vacancy
    1-7  occurs, the vacancy shall be filled by permanent appointment from
    1-8  the eligibility list furnished by the commission within 60 days
    1-9  after the date the vacancy occurs.  If an eligibility list does not
   1-10  exist, the vacancy shall be filled within 95 days after the date
   1-11  the vacancy occurs from an eligibility list that the commission
   1-12  shall provide within 90 days after the date the vacancy occurs.
   1-13        SECTION 2.  Subchapter G, Chapter 143, Local Government Code,
   1-14  is amended by adding Section 143.1155 to read as follows:
   1-15        Sec. 143.1155.  ACCUMULATED VACATION AND HOLIDAY LEAVE.  A
   1-16  fire fighter or police officer who leaves the classified service
   1-17  due to disability or the beneficiary of a fire fighter or police
   1-18  officer who dies is entitled to receive a lump-sum payment of the
   1-19  full amount of the fire fighter's or police officer's  accumulated
   1-20  vacation and holiday leave.
   1-21        SECTION 3.  Section 143.134, Local Government Code, is
   1-22  amended by adding Subsection (h) to read as follows:
   1-23        (h)  If the decision of the commission under Section 143.131
   1-24  or the decision of a hearing examiner under Section 143.129 that
    2-1  has become final is favorable to a fire fighter, the department
    2-2  head shall implement the relief granted to the fire fighter not
    2-3  later than the 10th day after the date on which the decision was
    2-4  issued.  If the department head intentionally fails to implement
    2-5  the relief within the 10-day period, the municipality shall pay the
    2-6  fire fighter $1,000 for each day after the 10-day period that the
    2-7  decision is not yet implemented.
    2-8        SECTION 4.  Section 143.106(d), Local Government Code, is
    2-9  repealed.
   2-10        SECTION 5.  (a)  The changes in law made by this Act to
   2-11  Sections 143.106 and 143.108, Local Government Code, apply only to
   2-12  promotional vacancies created on or after the effective date of
   2-13  this Act.
   2-14        (b)  Section 143.1155, Local Government Code, as added by
   2-15  this Act, applies only to fire fighters or police officers who die
   2-16  or who become disabled on or after the effective date of this Act.
   2-17        (c)  Section 143.134(h), Local Government Code, as added by
   2-18  this Act, applies only to a decision issued by a civil service
   2-19  commission under Section 143.131, Local Government Code, or by a
   2-20  hearing examiner under Section 143.129, Local Government Code, on
   2-21  or after the effective date of this Act.
   2-22        SECTION 6.  This Act takes effect September 1, 1993.
   2-23        SECTION 7.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended.