By Yarbrough H.B. No. 1502
74R3604 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disciplinary and indefinite suspensions of certain fire
1-3 fighters and police officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.117, Local Government Code, is
1-6 amended by amending Subsections (a), (d), and (f) to read as
1-7 follows:
1-8 (a) The head of the fire or police department may suspend a
1-9 fire fighter or police officer under the department head's
1-10 supervision or jurisdiction for disciplinary reasons for a
1-11 reasonable period not to exceed 15 days. The fire fighter or
1-12 police officer may elect to begin the term of suspension
1-13 immediately on being notified of the suspension by the department
1-14 head. If the fire fighter or police officer does not make that
1-15 election, the department head may require the fire fighter or
1-16 police officer to begin the term of the suspension on the next
1-17 business day after the date on which:
1-18 (1) the fire fighter's or police officer's right to
1-19 file an appeal of the suspension expires, if the fire fighter or
1-20 police officer does not file an appeal before the expiration of
1-21 that date; or
1-22 (2) the commission or an independent third party
1-23 hearing examiner under Section 143.057 or 143.1016 renders a
1-24 decision on the appeal, if the fire fighter or police officer
2-1 timely files an appeal of the suspension.
2-2 (d) The suspension is void and the fire fighter or police
2-3 officer is entitled to the person's full pay if the department
2-4 head:
2-5 (1) <the department head> fails to file the statement
2-6 during the required time; or
2-7 (2) suspends the fire fighter or police officer <the
2-8 suspension is imposed> later than the 180th day after the date the
2-9 department discovers or becomes aware of the violation that
2-10 resulted in the suspension.
2-11 (f) The provisions of Subsections (d), <and> (e), (h), and
2-12 (i) of Section 143.119 of this chapter apply to this section.
2-13 SECTION 2. Section 143.119, Local Government Code, is
2-14 amended by amending Subsection (a) and adding Subsections (h) and
2-15 (i) to read as follows:
2-16 (a) The head of the fire or police department may
2-17 indefinitely suspend a fire fighter or police officer under the
2-18 department head's supervision or jurisdiction for the violation of
2-19 a civil service rule. An indefinite suspension takes effect on the
2-20 next business day after the date on which:
2-21 (1) the fire fighter or police officer's right to file
2-22 an appeal of the suspension expires, if the fire fighter or police
2-23 officer does not file an appeal before the expiration of that date;
2-24 or
2-25 (2) the commission or an independent third party
2-26 hearing examiner under Section 143.057 or 143.1016 renders a
2-27 decision on the appeal, if the fire fighter or police officer
3-1 timely files an appeal of the suspension.
3-2 (h) In preparing the written statement to be filed with the
3-3 commission and in assessing the reasonableness of a fire fighter's
3-4 or police officer's suspension, the department head may not refer
3-5 to or consider any previous suspension the fire fighter or police
3-6 officer may have had and for which the fire fighter or police
3-7 officer timely filed an appeal, unless the commission or an
3-8 independent third party hearing examiner under Section 143.057 or
3-9 143.1016 has rendered its decision on the appeal.
3-10 (i) The department head may not revoke, suspend, or deny a
3-11 fire fighter's or police officer's application for extra
3-12 employment, regardless of whether that employment involves the
3-13 duties of a fire fighter or police officer, because of a suspension
3-14 for which the fire fighter or police officer timely filed an
3-15 appeal, unless the commission or an independent third party hearing
3-16 examiner under Section 143.057 or 143.1016 has rendered its
3-17 decision on the appeal.
3-18 SECTION 3. This Act takes effect September 1, 1995, and
3-19 applies to the suspension of a fire or police department employee
3-20 on or after that date. The suspension of a fire or police
3-21 department employee before the effective date of this Act is
3-22 governed by the law in effect on the date of suspension, and the
3-23 former law is continued in effect for this purpose.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.