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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal to a civil service commission of a |
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disciplinary suspension of a fire fighter or police officer in |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 143.053(e) and (f), Local Government |
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Code, are amended to read as follows: |
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(e) In its decision, the commission shall state whether the |
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department head's original written statement and charges are |
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supported by substantial evidence in the record. If the commission |
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states in its decision that the department head's statement and |
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charges are not supported by substantial evidence in the record, |
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the suspended fire fighter or police officer shall be [is: |
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[(1) permanently dismissed from the fire or police |
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department; |
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[(2) temporarily suspended from the department; or |
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[(3)] restored to the person's former position or status |
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in the department's classified service. If the commission states in |
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its decision that the department head's statement and charges are |
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supported by substantial evidence in the record, the commission |
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shall affirm the suspension. |
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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 suspended fire fighter or |
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police officer is restored to the position or class of service from |
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which the person was suspended, the fire fighter or police officer |
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is entitled to: |
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(1) 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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(2) restoration of or credit for any other benefits |
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lost as a result of the suspension, including sick leave, vacation |
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leave, and service credit in a retirement system. Standard payroll |
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deductions, if any, for retirement and other benefits restored |
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shall be made from the compensation paid, and the municipality |
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shall make its standard corresponding contributions, if any, to the |
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retirement system or other applicable benefit systems. |
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SECTION 2. Section 143.053(g), Local Government Code, is |
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repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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a disciplinary action for conduct that occurs on or after the |
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effective date of this Act. Conduct that occurs before that date is |
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governed by the law in effect immediately before that date, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |