By Yarbrough                                    H.B. No. 1181

      75R4027 MRB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disciplinary and indefinite suspensions of certain

 1-3     fire fighters and police officers.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 143.117(a), (d), and (f), Local

 1-6     Government Code, are amended to read as follows:

 1-7           (a)  The head of the fire or police department may suspend a

 1-8     fire fighter or police officer under the department head's

 1-9     supervision or jurisdiction for disciplinary reasons for a

1-10     reasonable period not to exceed 15 days.  The fire fighter or

1-11     police officer may elect to begin the term of suspension

1-12     immediately on being notified of the suspension by the department

1-13     head.  If the fire fighter or police officer does not make that

1-14     election, the department head may require the fire fighter or

1-15     police officer to begin the term of the suspension on the next

1-16     business day after the date on which:

1-17                 (1)  the fire fighter's or police officer's right to

1-18     file an appeal of the suspension expires, if the fire fighter or

1-19     police officer does not file an appeal before the expiration of

1-20     that date; or

1-21                 (2)  the commission or an independent third party

1-22     hearing examiner under Section 143.057 or 143.1016 renders a

1-23     decision on the appeal, if the fire fighter or police officer

1-24     timely files an appeal of the suspension.

 2-1           (d)  The suspension is void and the fire fighter or police

 2-2     officer is entitled to the person's full pay if the department

 2-3     head:

 2-4                 (1)  [the department head] fails to file the statement

 2-5     during the required time; or

 2-6                 (2)  suspends the fire fighter or police officer [the

 2-7     suspension is imposed] later than the 180th day after the date the

 2-8     department discovers or becomes aware of the violation that

 2-9     resulted in the suspension.

2-10           (f)  The provisions of Subsections (d), [and] (e), (h), and

2-11     (i) of Section 143.119 of this chapter apply to this section.

2-12           SECTION 2.  Section 143.119, Local Government Code, is

2-13     amended by amending Subsection (a) and adding Subsections (h) and

2-14     (i) to read as follows:

2-15           (a)  The head of the fire or police department may

2-16     indefinitely suspend a fire fighter or police officer under the

2-17     department head's supervision or jurisdiction for the violation of

2-18     a civil service rule.  An indefinite suspension takes effect on the

2-19     next business day after the date on which:

2-20                 (1)  the fire fighter or police officer's right to file

2-21     an appeal of the suspension expires, if the fire fighter or police

2-22     officer does not file an appeal before the expiration of that date;

2-23     or

2-24                 (2)  the commission or an independent third party

2-25     hearing examiner under Section 143.057 or 143.1016 renders a

2-26     decision on the appeal, if the fire fighter or police officer

2-27     timely files an appeal of the suspension.

 3-1           (h)  In preparing the written statement to be filed with the

 3-2     commission and in assessing the reasonableness of a fire fighter's

 3-3     or police officer's suspension, the department head may not refer

 3-4     to or consider any previous suspension the fire fighter or police

 3-5     officer may have had and for which the fire fighter or police

 3-6     officer timely filed an appeal, unless the commission or an

 3-7     independent third party hearing examiner under Section 143.057 or

 3-8     143.1016 has rendered its decision on the appeal.

 3-9           (i)  The department head may not revoke, suspend, or deny a

3-10     fire fighter's or police officer's application for extra

3-11     employment, regardless of whether that employment involves the

3-12     duties of a fire fighter or police officer, because of a suspension

3-13     for which the fire fighter or police officer timely filed an

3-14     appeal, unless the commission or an independent third party hearing

3-15     examiner under Section 143.057 or 143.1016 has rendered its

3-16     decision on the appeal.

3-17           SECTION 3.  This Act takes effect September 1, 1997, and

3-18     applies to the suspension of a fire or police department employee

3-19     on or after that date.  The suspension of a fire or police

3-20     department employee before the effective date of this Act is

3-21     governed by the law in effect on the date of suspension, and the

3-22     former law is continued in effect for that purpose.

3-23           SECTION 4.  The importance of this legislation and the

3-24     crowded condition of the calendars in both houses create an

3-25     emergency and an imperative public necessity that the

3-26     constitutional rule requiring bills to be read on three several

3-27     days in each house be suspended, and this rule is hereby suspended.