By Tillery H.B. No. 1481 75R4911 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the procedure for promoting fire fighters and police 1-3 officers in certain municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 143.036(f), Local Government Code, is 1-6 amended to read as follows: 1-7 (f) Unless the department head has a valid reason for not 1-8 appointing the person, the department head shall appoint the 1-9 eligible promotional candidate having the highest grade on the 1-10 eligibility list. If the department head has a valid reason for 1-11 not appointing the eligible promotional candidate having the 1-12 highest grade, the department head shall personally discuss the 1-13 reason with the person being bypassed before appointing another 1-14 person. The department head shall also file the reason in writing 1-15 with the commission. A department head who has a valid reason for 1-16 not appointing an eligible promotional candidate on an eligibility 1-17 list must personally discuss the reason with the person and file 1-18 the reason in writing with the commission not later than the 60th 1-19 day after the date that the promotional examination used to create 1-20 the eligibility list was administered, without regard to whether a 1-21 vacancy exists during that period, or the department head is 1-22 considered to have waived the reason and the right to bypass the 1-23 eligible promotional candidate. On application of the bypassed 1-24 eligible promotional candidate after the person has been bypassed, 2-1 the reason the department head did not appoint that person is 2-2 subject to review by the commission. 2-3 SECTION 2. The change in law made by this Act to Section 2-4 143.036, Local Government Code, applies only to an eligibility list 2-5 created based on a promotional examination that is administered on 2-6 or after the effective date of this Act. 2-7 SECTION 3. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended, 2-12 and that this Act take effect and be in force from and after its 2-13 passage, and it is so enacted.