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.