1-1 By: Shelley S.B. No. 1364 1-2 (In the Senate - Filed April 14, 1993; April 15, 1993, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 22, 1993, reported favorably by the following 1-5 vote: Yeas 9, Nays 0; April 22, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Armbrister x 1-9 Leedom x 1-10 Carriker x 1-11 Henderson x 1-12 Madla x 1-13 Moncrief x 1-14 Patterson x 1-15 Rosson x 1-16 Shapiro x 1-17 Wentworth x 1-18 Whitmire x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to municipal civil service in certain municipalities. 1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-23 SECTION 1. Subsection (b), Section 143.108, Local Government 1-24 Code, is amended to read as follows: 1-25 (b) If an eligibility list exists on the date a vacancy 1-26 occurs, the vacancy shall be filled by permanent appointment from 1-27 the eligibility list furnished by the commission within 60 days 1-28 after the date the vacancy occurs. If an eligibility list does not 1-29 exist, the vacancy shall be filled within 95 days after the date 1-30 the vacancy occurs from an eligibility list that the commission 1-31 shall provide within 90 days after the date the vacancy occurs. 1-32 SECTION 2. Subchapter G, Chapter 143, Local Government Code, 1-33 is amended by adding Section 143.1155 to read as follows: 1-34 Sec. 143.1155. ACCUMULATED VACATION AND HOLIDAY LEAVE. A 1-35 fire fighter or police officer who leaves the classified service 1-36 due to disability or the beneficiary of a fire fighter or police 1-37 officer who dies is entitled to receive a lump-sum payment of the 1-38 full amount of the fire fighter's or police officer's accumulated 1-39 vacation and holiday leave. 1-40 SECTION 3. Section 143.134, Local Government Code, is 1-41 amended by adding Subsection (h) to read as follows: 1-42 (h) If the decision of the commission under Section 143.131 1-43 or the decision of a hearing examiner under Section 143.129 that 1-44 has become final is favorable to a fire fighter, the department 1-45 head shall implement the relief granted to the fire fighter not 1-46 later than the 10th day after the date on which the decision was 1-47 issued. If the department head intentionally fails to implement 1-48 the relief within the 10-day period, the municipality shall pay the 1-49 fire fighter $1,000 for each day after the 10-day period that the 1-50 decision is not yet implemented. 1-51 SECTION 4. Subsection (d), Section 143.106, Local Government 1-52 Code, is repealed. 1-53 SECTION 5. (a) The changes in law made by this Act to 1-54 Sections 143.106 and 143.108, Local Government Code, apply only to 1-55 promotional vacancies created on or after the effective date of 1-56 this Act. 1-57 (b) Section 143.1155, Local Government Code, as added by 1-58 this Act, applies only to fire fighters or police officers who die 1-59 or who become disabled on or after the effective date of this Act. 1-60 (c) Subsection (h), Section 143.134, Local Government Code, 1-61 as added by this Act, applies only to a decision issued by a civil 1-62 service commission under Section 143.131, Local Government Code, or 1-63 by a hearing examiner under Section 143.129, Local Government Code, 1-64 on or after the effective date of this Act. 1-65 SECTION 6. This Act takes effect September 1, 1993. 1-66 SECTION 7. The importance of this legislation and the 1-67 crowded condition of the calendars in both houses create an 1-68 emergency and an imperative public necessity that the 2-1 constitutional rule requiring bills to be read on three several 2-2 days in each house be suspended, and this rule is hereby suspended. 2-3 * * * * * 2-4 Austin, 2-5 Texas 2-6 April 22, 1993 2-7 Hon. Bob Bullock 2-8 President of the Senate 2-9 Sir: 2-10 We, your Committee on Intergovernmental Relations to which was 2-11 referred S.B. No. 1364, have had the same under consideration, and 2-12 I am instructed to report it back to the Senate with the 2-13 recommendation that it do pass and be printed. 2-14 Armbrister, 2-15 Chairman 2-16 * * * * * 2-17 WITNESSES 2-18 FOR AGAINST ON 2-19 ___________________________________________________________________ 2-20 Name: Rick Mumey x 2-21 Representing: Houston Prof. Fire Fight. Asso 2-22 City: Houston 2-23 -------------------------------------------------------------------