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.