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By:  Van de Putte                                                 S.B. No. 863
	(In the Senate - Filed March 1, 2005; March 10, 2005, read 
first time and referred to Committee on Intergovernmental 
Relations; April 6, 2005, reported favorably, as amended, by the 
following vote:  Yeas 5, Nays 0; April 6, 2005, sent to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Gallegos

	Amend S.B. No. 863 by striking SECTION 1 of the bill (page 1, 
lines 37-53) and substituting the following:
	SECTION 1.  Section 143.032, Local Government Code, is 
amended by amending Subsection (b) and adding Subsection (j) to 
read as follows:
	(b)  Except as provided by Subsection (j), each [Each] 
eligible promotional candidate shall be given an identical 
examination in the presence of the other eligible promotional 
candidates.
	(j)  If an eligible promotional candidate who is serving on 
active military duty is unable to take the examination in the 
presence of the other eligible promotional candidates because of 
circumstances related to the candidate's service on active military 
duty, the candidate may take the examination outside of the 
presence of the other candidates and at a different time than the 
other candidates.  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.  The rules shall 
require that, 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 identical examination.


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.  Subsection (b), Section 143.032, Local 
Government Code, is amended to read as follows:
	(b)  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 is entitled to take 
the examination outside the presence of and at a different time than 
the other candidates.  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.  
The rules shall require that, 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 identical 
examination.
	SECTION 2.  Subsection (c), Section 143.028, Local 
Government Code, is repealed.
	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.



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