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


Senate Research CenterC.S.S.B. 699
By: Whitmire
Intergovernmental Relations
3-20-97
Committee Report (Substituted)


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.  C.S.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, C.S.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, Local Government Code, by amending
Subsection (c) and adding Subsection (e), 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).  Provides that if the municipality refuses to pay a police
officer or to grant a police officer seniority rights as provided by
Subsection (c), the police officer may bring an action to recover the pay
and seniority rights in a court of competent jurisdiction.  Makes a
conforming change. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 143.108, Local Government Code, by adding Subsection (e),
regarding an action to recover pay and seniority rights by a police
officer.  Makes a conforming change.