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.