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
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