BILL ANALYSIS

C.S.H.B. 1790

By: Márquez

Urban Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties note that injured fire fighters or police officers on leave may have another fire fighter or police officer voluntarily do their work until the person on leave returns to duty as a way to reduce overtime and scheduling conflicts for fire and police departments. The parties assert that the law needs clarification in regard to whether a fire fighter or a police officer can voluntarily do the work of any injured fire fighter or police officer on leave regardless of whether the injury is related to the person's line of duty. C.S.H.B. 1790 seeks to provide such clarification.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1790 amends the Local Government Code to prohibit a municipality from requiring a fire fighter or police officer who is temporarily disabled by an injury that is not related to the person's line of duty to use sick leave, vacation time, or other accumulated time, or from placing the fire fighter or police officer on a temporary leave, if another fire fighter or police officer volunteers to do the work of the injured fire fighter or police officer until the person returns to duty.

EFFECTIVE DATE

September 1, 2015.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1790 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 143.073, Local Government Code, is amended by amending Subsection (e) and adding Subsection (f) to read as follows: (e)  After recovery from a temporary disability, a fire fighter or police officer shall be reinstated at the same rank and with the same seniority the person had before going on temporary leave. (f)  Another fire fighter or police officer may voluntarily do the work of a [an injured] fire fighter or police officer who is on leave under this section until the person returns to duty.	SECTION 1.  Section 143.073, Local Government Code, is amended by amending Subsection (e) and adding Subsection (f) to read as follows: (e)  After recovery from a temporary disability, a fire fighter or police officer shall be reinstated at the same rank and with the same seniority the person had before going on temporary leave. (f)  Notwithstanding Subsection (d), a municipality may not require a fire fighter or police officer who is temporarily disabled by an injury that is not related to the person's line of duty to use sick leave, vacation time, or other accumulated time, or place the fire fighter or police officer on a temporary leave, if another [Another] fire fighter or police officer volunteers to [may voluntarily] do the work of the [an] injured fire fighter or police officer until the person returns to duty.
SECTION 2.  This Act takes effect September 1, 2015.	SECTION 2. Same as introduced version.