By Talton                                             H.B. No. 2736
       74R6260 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the withdrawal of a resignation by a firefighter or
    1-3  police officer in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter F, Chapter 143, Local Government Code,
    1-6  is amended by adding Section 143.090 to read as follows:
    1-7        Sec. 143.090.  WITHDRAWAL OF RESIGNATION.  (a)  A firefighter
    1-8  or police officer may withdraw a resignation from a fire or police
    1-9  department if the withdrawal is made not later than the 90th day
   1-10  after the date the firefighter or police officer submitted the
   1-11  resignation to the person's department head or other appropriate
   1-12  person in the employing department or municipality.
   1-13        (b)  The firefighter or police officer may be reinstated to
   1-14  the person's former position in the classified service unless the
   1-15  person's former position has been filled in accordance with this
   1-16  chapter.  If the person's former position has been filled in
   1-17  accordance with this chapter, a fire or police department may
   1-18  create a new position for the person.  The person must pass or must
   1-19  have at some time passed a competitive examination applicable to
   1-20  the position.
   1-21        SECTION 2.  (a)  This Act takes effect September 1, 1995.
   1-22        (b)  The governmental acts and proceedings of a municipality
   1-23  or of a fire or police department that reemployed or reappointed a
   1-24  firefighter or police officer who had resigned from the department
    2-1  are validated as of the date they occurred.  The acts and
    2-2  proceedings may not be held invalid because they were not performed
    2-3  in accordance with law.
    2-4        SECTION 3.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.