AN ACT

 1-1     relating to the promotional appointments of police officers in

 1-2     certain municipalities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 143.108, Local Government Code, is

 1-5     amended by amending Subsection (c), adding a new Subsection (e),

 1-6     and relettering the current Subsection (e) as Subsection (f) to

 1-7     read as follows:

 1-8           (c)  If a fire or police department fails to fill a vacancy

 1-9     by an appointment within the time required by Subsection (b), the

1-10     fire fighter or police officer who is appointed to fill the vacancy

1-11     is entitled to receive in a lump-sum payment the difference between

1-12     the pay that the fire fighter or police officer received during the

1-13     time that the position was unlawfully vacant and the pay that the

1-14     fire fighter or police officer would have received if the fire

1-15     fighter or police officer had been appointed to the position on the

1-16     latest day provided for the appointment by Subsection (b).  The

1-17     fire fighter's or police officer's seniority rights in the new

1-18     position also date to the latest day provided for the appointment

1-19     by Subsection (b).

1-20           (e)  If the municipality refuses to pay a police officer or

1-21     to grant a police officer seniority rights as provided by

1-22     Subsection (c), the  police officer may bring an action to recover

1-23     the pay and seniority rights in a court of competent jurisdiction.

 2-1           (f)  Notwithstanding Subsection (h), Section 143.036, each

 2-2     promotional eligibility list in the fire department remains in

 2-3     existence for two years after the date on which the written

 2-4     examination is given, unless exhausted.  At the expiration of the

 2-5     two-year period, the eligibility list expires and a new examination

 2-6     may be held.

 2-7           SECTION 2.  The change in law made by this Act to Section

 2-8     143.108, Local Government Code, applies only to a vacancy created

 2-9     in a police department on or after September 1, 1997.  A vacancy

2-10     created before that date is governed by the law in effect when the

2-11     vacancy was created, and the former law is continued in effect for

2-12     that purpose.

2-13           SECTION 3.  This Act takes effect September 1, 1997.

2-14           SECTION 4.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 699 passed the Senate on

         April 7, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 699 passed the House on

         May 2, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor