|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the reinstatement of a firefighter or police officer |
|
following a decision rendered by the Fire Fighters' and Police |
|
Officers' Civil Service Commission or an independent third party |
|
hearing examiner. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 143.053(f), Local Government Code, is |
|
amended to read as follows: |
|
(f) If the commission finds that the period of disciplinary |
|
suspension should be reduced, the commission may order a reduction |
|
in the period of suspension. If the commission orders that the |
|
suspended fire fighter or police officer be [is] restored to the |
|
position or class of service from which the person was suspended, |
|
the fire fighter or police officer is entitled to: |
|
(1) immediate reinstatement to the position or class |
|
of service from which the person was suspended, notwithstanding any |
|
action filed in a court by the municipality or department head |
|
challenging the commission's decision; |
|
(2) full compensation for the actual time lost as a |
|
result of the suspension at the rate of pay provided for the |
|
position or class of service from which the person was suspended; |
|
and |
|
(3) [(2)] restoration of or credit for any other |
|
benefits lost as a result of the suspension, including sick leave, |
|
vacation leave, and service credit in a retirement system. |
|
Standard payroll deductions, if any, for retirement and other |
|
benefits restored shall be made from the compensation paid, and the |
|
municipality shall make its standard corresponding contributions, |
|
if any, to the retirement system or other applicable benefit |
|
systems. |
|
SECTION 2. Section 143.057, Local Government Code, is |
|
amended by adding Subsection (k) to read as follows: |
|
(k) If the hearing examiner orders that the police officer |
|
or fire fighter be reinstated to the position or class of service |
|
the person held before the action by the department that was the |
|
subject of the appeal, the police officer or fire fighter is |
|
entitled to immediate reinstatement to that position or class of |
|
service, notwithstanding any action filed in a court by the |
|
municipality or department head challenging the hearing examiner's |
|
decision. |
|
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, 2009. |