SRC-TNM S.B. 699 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 699
By: Whitmire
Intergovernmental Relations
3-3-97
As Filed


DIGEST 

Currently, the Houston Fire Department is governed by a law that allows
for automatic filling of vacant fire fighter civil service positions,
based on merit, when the department does not fill those vacant positions
in a timely manner.  However, the Houston Police Department has no similar
provision in law to ensure that police civil service positions are filled
by the Police Department in a timely manner.  S.B. 699 proposes placing
the Houston Police Department under the same civil service law as the
Houston Fire Department for filling civil service positions in a timely
manner. 

PURPOSE

As proposed, S.B. 699 outlines provisions regarding the promotional
appointments of police officers in certain municipalities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 143.108(c) and (d), Local Government Code, to
provide that if a fire or police department fails to fill a vacancy by an
appointment within the time required by Subsection (b), the fire fighter
or police officer who is appointed to fill the vacancy is entitled to
receive in a lump-sum payment the difference between the pay that the fire
fighter or police officer received during the time that the position was
unlawfully vacant and the pay that the fire fighter or police officer
would have received if the fire fighter or police officer had been
appointed to the position on the latest day provided for the appointment
by Subsection (b).   Provides that the fire fighter's or police officer's
seniority rights in the new position also date to the latest day provided
for the appointment by Subsection (b).  Makes conforming and
nonsubstantive changes. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.