By Bailey H.B. No. 1125
75R4366 GJH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to legislative leave for certain firefighters and police
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 143, Local Government Code,
1-6 is amended by adding Section 143.075 to read as follows:
1-7 Sec. 143.075. LEGISLATIVE LEAVE. (a) This section does not
1-8 apply to a municipality to which Section 143.126 or to which
1-9 Subchapter A, Chapter 614, Government Code, applies.
1-10 (b) A fire fighter or police officer is entitled to
1-11 legislative leave without pay to appear before or petition a
1-12 governmental body during a regular or special session of the body.
1-13 (c) To be eligible for legislative leave, a fire fighter or
1-14 police officer must submit a written application to the
1-15 municipality not later than the 30th day before the date the
1-16 individual intends to begin the legislative leave.
1-17 (d) The application must state the length of the requested
1-18 leave and that the fire fighter or police officer is willing to
1-19 reimburse the municipality for any wages, pension, or other costs
1-20 the municipality will incur as a result of the leave.
1-21 (e) The length of the requested leave may not exceed the
1-22 length of the session.
1-23 (f) Within 30 days after the date the municipality receives
1-24 an application, the municipality shall notify the fire fighter or
2-1 police officer in writing of the actual amount of money required to
2-2 offset the costs the municipality will incur.
2-3 (g) The municipality may require a fire fighter or police
2-4 officer to post the money before granting the leave.
2-5 (h) A municipality shall grant legislative leave to a fire
2-6 fighter or police officer who submits an application as prescribed
2-7 by this section and who complies with any requirement relating to
2-8 payment of costs:
2-9 (1) except in an emergency; or
2-10 (2) unless granting the leave will result in an
2-11 insufficient number of employees to carry out the normal functions
2-12 of the fire or police department.
2-13 (i) If the head of the fire or police department determines
2-14 that granting a legislative leave will result in having an
2-15 insufficient number of employees to carry out the normal functions
2-16 of the fire or police department, another fire fighter or police
2-17 officer may volunteer to exchange time of work with the applicant
2-18 if overtime does not result.
2-19 (j) The municipality shall allow a volunteer under
2-20 Subsection (i) to work for the applicant, and shall grant the
2-21 legislative leave, if overtime will not result and if the volunteer
2-22 work will result in having a sufficient number of employees.
2-23 (k) Legislative leave under this section is not a break in
2-24 service for any purpose, including seniority determinations,
2-25 promotions, sick leave, vacations, or retirement.
2-26 (l) A municipality shall grant legislative leave under this
2-27 section to a fire fighter or police officer to attend a session of
3-1 the Congress of the United States for not longer than 30 percent of
3-2 the applicant's total annual working days during each year in which
3-3 leave is requested.
3-4 SECTION 2. This Act takes effect September 1, 1997.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.