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.