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A BILL TO BE ENTITLED
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AN ACT
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relating to the disciplinary suspension or demotion of a |
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firefighter or police officer under municipal civil service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 143.053(d), Local Government Code, is |
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amended to read as follows: |
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(d) The commission may deliberate the decision in a closed |
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session attended only by members of the commission but may not |
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consider evidence that was not presented at the hearing. The |
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commission shall vote in open session. |
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SECTION 2. Section 143.054, Local Government Code, is |
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amended to read as follows: |
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Sec. 143.054. DEMOTIONS. (a) If the head of the fire or |
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police department wants a fire fighter or police officer under his |
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supervision or jurisdiction to be involuntarily demoted, the |
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department head may recommend in writing to the commission that |
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[the commission demote] the fire fighter or police officer be |
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demoted. |
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(b) The department head must include in the recommendation |
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for demotion the reasons the department head recommends the |
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demotion [and a request that the commission order the demotion]. |
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The department head must immediately furnish a copy of the |
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recommendation in person to the affected fire fighter or police |
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officer. |
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(c) On request, a fire fighter or police officer who is the |
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subject of a recommendation for demotion is entitled to an appeal |
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before the commission or a third party hearing examiner. If the |
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fire fighter or police officer requests a hearing before the |
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commission [The commission may refuse to grant the request for
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demotion. If the commission believes that probable cause exists
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for ordering the demotion], the commission shall give the fire |
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fighter or police officer written notice to appear before the |
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commission for a public hearing at a time and place specified in the |
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notice. The commission shall give the notice before the 10th day |
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before the date the hearing will be held. |
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(d) A fire fighter or police officer who requests an appeal |
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to the commission or a third party hearing examiner under |
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Subsection (c) [The fire fighter or police officer is entitled to a
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full and complete public hearing, and the commission] may not be |
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demoted unless the commission or third party hearing examiner finds |
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probable cause for the demotion [demote a fire fighter or police
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officer without that public hearing]. |
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(d-1) If a fire fighter or police officer who is the subject |
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of a recommendation for demotion does not request an appeal under |
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Subsection (c), the fire fighter or police officer waives all |
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rights to an appeal of the demotion. |
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(e) A [voluntary demotion in which the] fire fighter or |
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police officer who has accepted the terms of a voluntary [the] |
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demotion in writing is not entitled to an appeal under this section |
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[subject to this section]. |
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SECTION 3. Section 143.053(d), Local Government Code, as |
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amended by this Act, applies only to an appeal of a disciplinary |
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suspension filed on or after the effective date of this Act. An |
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appeal of a disciplinary suspension filed before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 4. Section 143.054, Local Government Code, as |
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amended by this Act, applies only to a demotion recommended on or |
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after the effective date of this Act. A demotion recommended before |
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the effective date of this Act is governed by the law in effect |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |