By Yarbrough H.B. No. 1684
76R6736 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disciplinary and indefinite suspensions of certain
1-3 fire fighters and police officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 143.117(a), (d), and (f), Local
1-6 Government Code, are amended to read as follows:
1-7 (a) The head of the fire or police department may suspend a
1-8 fire fighter or police officer under the department head's
1-9 supervision or jurisdiction for disciplinary reasons for a
1-10 reasonable period not to exceed 15 days. The fire fighter or
1-11 police officer may elect to begin the term of suspension
1-12 immediately on being notified of the suspension by the department
1-13 head. If the fire fighter or police officer does not make that
1-14 election, the department head may require the fire fighter or
1-15 police officer to begin the term of the suspension on the next
1-16 business day after the date on which:
1-17 (1) the fire fighter's or police officer's right to
1-18 file an appeal of the suspension expires, if the fire fighter or
1-19 police officer does not file an appeal before the expiration of
1-20 that date; or
1-21 (2) the commission or an independent third party
1-22 hearing examiner under Section 143.057 or 143.1016 renders a
1-23 decision on the appeal, if the fire fighter or police officer
1-24 timely files an appeal of the suspension.
2-1 (d) The suspension is void and the fire fighter or police
2-2 officer is entitled to the person's full pay if the department
2-3 head:
2-4 (1) [the department head] fails to file the statement
2-5 during the required time; or
2-6 (2) suspends the fire fighter or police officer [the
2-7 suspension is imposed] later than the 180th day after the date the
2-8 department discovers or becomes aware of the violation that
2-9 resulted in the suspension.
2-10 (f) The provisions of Subsections (d), [and] (e), (h), and
2-11 (i) of Section 143.119 [of this chapter] apply to this section.
2-12 SECTION 2. Section 143.119, Local Government Code, is
2-13 amended by amending Subsection (a) and adding Subsections (h) and
2-14 (i) to read as follows:
2-15 (a) The head of the fire or police department may
2-16 indefinitely suspend a fire fighter or police officer under the
2-17 department head's supervision or jurisdiction for the violation of
2-18 a civil service rule. An indefinite suspension takes effect on the
2-19 next business day after the date on which:
2-20 (1) the fire fighter's or police officer's right to
2-21 file an appeal of the suspension expires, if the fire fighter or
2-22 police officer does not file an appeal before the expiration of
2-23 that date; or
2-24 (2) the commission or an independent third party
2-25 hearing examiner under Section 143.057 or 143.1016 renders a
2-26 decision on the appeal, if the fire fighter or police officer
2-27 timely files an appeal of the suspension.
3-1 (h) In preparing the written statement to be filed with the
3-2 commission and in assessing the reasonableness of a fire fighter's
3-3 or police officer's suspension, the department head may not refer
3-4 to or consider any previous suspension the fire fighter or police
3-5 officer may have had and for which the fire fighter or police
3-6 officer timely filed an appeal, unless the commission or an
3-7 independent third party hearing examiner under Section 143.057 or
3-8 143.1016 has rendered its decision on the appeal.
3-9 (i) The department head may not revoke, suspend, or deny a
3-10 fire fighter's or police officer's application for extra
3-11 employment, regardless of whether that employment involves the
3-12 duties of a fire fighter or police officer, because of a suspension
3-13 for which the fire fighter or police officer timely filed an
3-14 appeal, unless the commission or an independent third party hearing
3-15 examiner under Section 143.057 or 143.1016 has rendered its
3-16 decision on the appeal.
3-17 SECTION 3. This Act takes effect September 1, 1999, and
3-18 applies to the suspension of a fire or police department employee
3-19 on or after that date. The suspension of a fire or police
3-20 department employee before the effective date of this Act is
3-21 governed by the law in effect on the date of suspension, and the
3-22 former law is continued in effect for that purpose.
3-23 SECTION 4. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.