By: Whitmire S.B. No. 699 A BILL TO BE ENTITLED 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.