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 -------------------------------------------------------------------