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.