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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment for an appearance as a witness for certain |
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peace officers and firefighters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 142.009, Local Government |
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Code, is amended to read as follows: |
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Sec. 142.009. PAYMENT FOR [COURT] APPEARANCES OF FIRE |
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FIGHTERS AND POLICE OFFICERS IN COURT OR ADMINISTRATIVE |
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PROCEEDINGS. |
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SECTION 2. Section 142.009(a), Local Government Code, is |
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amended to read as follows: |
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(a) A municipality shall pay a fire fighter or police |
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officer for an appearance as a witness in a criminal suit, [or] a |
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civil suit, or an administrative proceeding in which the |
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municipality or other political subdivision or government agency is |
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a party in interest if the appearance: |
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(1) is required; |
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(2) is made on time off; and |
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(3) is made by the fire fighter or police officer in |
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the capacity of a fire fighter or police officer. |
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SECTION 3. Subchapter Z, Chapter 157, Local Government |
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Code, is amended by adding Section 157.906 to read as follows: |
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Sec. 157.906. PAYMENT FOR APPEARANCES OF PEACE OFFICERS |
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EMPLOYED BY COUNTY IN COURT OR ADMINISTRATIVE PROCEEDINGS. (a) A |
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county shall pay a peace officer employed by the county for an |
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appearance as a witness in a criminal suit, a civil suit, or an |
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administrative proceeding in which the county or other political |
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subdivision or government agency is a party in interest if the |
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appearance: |
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(1) is required; |
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(2) is made on time off; and |
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(3) is made by the peace officer in the capacity of a |
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peace officer. |
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(b) Payment under this section is at the peace officer's |
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regular rate of pay. |
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(c) Payment under this section may be taxed as court costs |
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in civil suits. |
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(d) This section does not reduce or prohibit compensation |
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paid in excess of the regular rate of pay. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |