76R13521 AJA-F
By Duncan S.B. No. 264
Substitute the following for S.B. No. 264:
By Carter C.S.S.B. No. 264
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the probationary period for certain police officers
1-3 under the municipal civil service law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143.027, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 143.027. PROBATIONARY PERIOD. (a) Except as provided
1-8 by Subsection (b), a [A] person appointed to a beginning position
1-9 in the fire or police department must serve a probationary period
1-10 of one year beginning on that person's date of employment as a fire
1-11 fighter, police officer, or academy trainee.
1-12 (b) In a municipality with a population of less than 1.5
1-13 million, a person who is appointed to a beginning position in the
1-14 police department and who has not been commissioned as a peace
1-15 officer in this state before that appointment must serve a
1-16 probationary period of 18 months beginning on that person's date of
1-17 employment as a police officer or academy trainee.
1-18 (c) [(b)] During a fire fighter's or police officer's
1-19 probationary period, the department head shall discharge the person
1-20 and remove the person from the payroll if the person's appointment
1-21 was not regular or was not made in accordance with this chapter or
1-22 the commission rules.
1-23 (d) [(c)] During a fire fighter's or police officer's
1-24 probationary period, the person may not be prohibited from joining
2-1 or required to join an employee organization. Joining or not
2-2 joining an employee organization is not a ground for retaining or
2-3 not retaining a fire fighter or police officer serving a
2-4 probationary period.
2-5 (e) [(d)] A fire fighter or police officer who was appointed
2-6 in substantial compliance with this chapter and who serves the
2-7 entire probationary period automatically becomes a full-fledged
2-8 civil service employee and has full civil service protection.
2-9 SECTION 2. This Act takes effect September 1, 1999, and
2-10 applies only to the probationary period of a person appointed to a
2-11 beginning position in a police department on or after the effective
2-12 date of this Act. The probationary period of a person appointed to
2-13 a beginning position in a police department before the effective
2-14 date of this Act is governed by the law as it existed immediately
2-15 before the effective date of this Act, and that law is continued in
2-16 effect for that purpose.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.