By Solis of Cameron, Uresti, Capelo, Homer, H.B. No. 1078
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restoration of benefits to a fire fighter or police
1-3 officer on reinstatement to a position as a result of a successful
1-4 appeal of a disciplinary suspension.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 143.053(f), Local Government Code, is
1-7 amended to read as follows:
1-8 (f) If the commission finds that the period of disciplinary
1-9 suspension should be reduced, the commission may order a reduction
1-10 in the period of suspension. If the suspended fire fighter or
1-11 police officer is restored to the position or class of service from
1-12 which the person was suspended, the fire fighter or police officer
1-13 is entitled to:
1-14 (1) full compensation for the actual time lost as a
1-15 result of the suspension at the rate of pay provided for the
1-16 position or class of service from which the person was suspended;
1-17 and
1-18 (2) restoration of or credit for any other benefits
1-19 lost as a result of the suspension, including sick leave, vacation
1-20 leave, and service credit in a retirement system. Standard payroll
1-21 deductions, if any, for retirement and other benefits restored
1-22 shall be made from the compensation paid, and the municipality
1-23 shall make its standard corresponding contributions, if any, to the
1-24 retirement system or other applicable benefit systems.
1-25 SECTION 2. This Act takes effect September 1, 1999.
2-1 SECTION 3. The change in law made by this Act applies only
2-2 to an appeal of a disciplinary suspension in which the decision of
2-3 a civil service commission or of an independent third-party hearing
2-4 examiner is rendered on or after the effective date of this Act.
2-5 An appeal of a disciplinary action in which the decision of a civil
2-6 service commission or of an independent third-party hearing
2-7 examiner is rendered before the effective date of this Act is
2-8 governed by the law as it existed immediately before the effective
2-9 date of this Act, and that law is continued in effect for that
2-10 purpose.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.