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A BILL TO BE ENTITLED
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AN ACT
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relating to the reinstatement of a firefighter or police officer |
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following a decision rendered by the Fire Fighters' and Police |
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Officers' Civil Service Commission or an independent third party |
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hearing examiner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 143.053(f), Local Government Code, is |
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amended to read as follows: |
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(f) If the commission finds that the period of disciplinary |
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suspension should be reduced, the commission may order a reduction |
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in the period of suspension. If the commission orders that the |
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suspended fire fighter or police officer be [is] restored to the |
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position or class of service from which the person was suspended, |
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the fire fighter or police officer is entitled to: |
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(1) immediate reinstatement to the position or class |
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of service from which the person was suspended, even if the |
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municipality or department head challenges the commission's |
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decision in court; |
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(2) full compensation for the actual time lost as a |
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result of the suspension at the rate of pay provided for the |
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position or class of service from which the person was suspended; |
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and |
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(3) [(2)] restoration of or credit for any other |
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benefits lost as a result of the suspension, including sick leave, |
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vacation leave, and service credit in a retirement system. |
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Standard payroll deductions, if any, for retirement and other |
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benefits restored shall be made from the compensation paid, and the |
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municipality shall make its standard corresponding contributions, |
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if any, to the retirement system or other applicable benefit |
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systems. |
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SECTION 2. Section 143.057, Local Government Code, is |
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amended by adding Subsection (k) to read as follows: |
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(k) If the hearing examiner orders that the police officer |
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or fire fighter be reinstated to the position or class of service |
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the person held before the action by the department that was the |
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subject of the appeal, the police officer or fire fighter is |
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entitled to immediate reinstatement to that position or class of |
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service, even if the municipality or department head challenges the |
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hearing examiner's decision in court. |
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SECTION 3. 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, 2011. |