79R14484 KEG-D
By: Van de Putte S.B. No. 863
Substitute the following for S.B. No. 863:
By: Corte C.S.S.B. No. 863
A BILL TO BE ENTITLED
AN ACT
relating to the administration of promotional examinations to
certain firefighters and police officers who are members of the
armed forces on active duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.032(b), Local Government Code, is
amended to read as follows:
(b)(1) Each eligible promotional candidate shall be given
an identical examination in the presence of the other eligible
promotional candidates, except that an eligible promotional
candidate who is serving on active military duty outside of this
state or in a location that is not within reasonable geographic
proximity to the location where the examination is being
administered is entitled to take the examination outside of the
presence of and at a different time than the other candidates and
may be allowed to take an examination that is not identical to the
examination administered to the other candidates.
(2) The commission may adopt rules under Subsection
(a) providing for the efficient administration of promotional
examinations to eligible promotional candidates who are members of
the armed forces serving on active military duty. In adopting the
rules, the commission shall ensure that the administration of the
examination will not result in unnecessary interference with any
ongoing military effort. The rules shall require that:
(A) at the discretion of the administering
entity, an examination that is not identical to the examination
administered to other eligible promotional candidates may be
administered to an eligible promotional candidate who is serving on
active military duty; and
(B) if a candidate serving on active military
duty takes a promotional examination outside the presence of other
candidates and passes the examination, the candidate's name shall
be included in the eligibility list of names of promotional
candidates who took and passed the examination nearest in time to
the time at which the candidate on active military duty took the
examination.
SECTION 2. Section 143.028(c), Local Government Code, is
amended to read as follows:
(c) If a person is recalled on active military duty for not
more than 60 [24] months, the two-year service requirements
prescribed by Subsections (a) and (b) do not apply and the person is
entitled to have time spent on active military duty considered as
duty in the respective fire or police department. [If the active
military duty exceeds 12 months, the person on return must serve in
the department for 90 days before the person is eligible to
participate in a promotional examination. This time is considered
necessary to bring the person up to date on equipment and
techniques.]
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.