SRC-JEC, MWN H.B. 3603 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3603
77R12598 KSD-FBy: Capelo (Bernsen)
Intergovernmental Relations
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Currently, municipalities covered by the provisions for municipal civil
service are required to provide line of duty illness or injury leave to a
police officer or firefighter with full pay for up to one year. After the
one year period, the municipality's governing body may extend the leave at
full or reduced pay. If a firefighter's or police officer's salary is
reduced below 60 percent of the person's regular monthly salary and the
municipality has a firefighter or police officer's pension fund, the person
may retire on pension until able to return to work. It may be unclear
whether police officers and firefighters who are members of different
pension funds are covered by the provision. H.B. 3603 clarifies that police
officers and firefighters in civil service municipalities are covered by
the provisions for retirement on pension regardless of the type of pension
fund in which they are a member.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 143.073(b), Local Government Code, to authorize a
fire fighter or police officer, if the preson's leave is not extended or
the person's salary is reduced below 60 percent of the person's regular
monthly salary, and the person is a member of a pension fund, to retire on
pension until able to return to duty. Deletes text regarding a municipality
having a fire fighter's or police officer's pension fund. 

SECTION 2. Amends Section 143.074, Local Government Code, to provide that
with the approval of the Fire Fighters' and Police Officers' Civil Service
Commission (commission) if otherwise qualified, a fire fighter or police
officer who has been certified by a physician selected by a pension fund as
having recovered from a disability for which the person has been receiving
a monthly disability pension is eligible for reappointment to the
classified position that the person held on the date the person qualified
for the monthly disability pension. Deletes text regarding fire fighter's
or police officer's relief or retirement fund. 

SECTION 3.    (a)  Effective date: September 1, 2001.

(b) Makes application of Section 143.073(b), Local Government Code,
prospective.