H.B. No. 1960
AN ACT
relating to the payment for an appearance as a witness for certain
peace officers and firefighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 142.009, Local Government
Code, is amended to read as follows:
Sec. 142.009. PAYMENT FOR [COURT] APPEARANCES OF FIRE
FIGHTERS AND POLICE OFFICERS IN COURT OR ADMINISTRATIVE
PROCEEDINGS.
SECTION 2. Section 142.009(a), Local Government Code, is
amended to read as follows:
(a) A municipality shall pay a fire fighter or police
officer for an appearance as a witness in a criminal suit, [or] a
civil suit, or an administrative proceeding in which the
municipality or other political subdivision or government agency is
a party in interest if the appearance:
(1) is required;
(2) is made on time off; and
(3) is made by the fire fighter or police officer in
the capacity of a fire fighter or police officer.
SECTION 3. Subchapter Z, Chapter 157, Local Government
Code, is amended by adding Section 157.906 to read as follows:
Sec. 157.906. PAYMENT FOR APPEARANCES OF PEACE OFFICERS
EMPLOYED BY COUNTY IN COURT OR ADMINISTRATIVE PROCEEDINGS. (a) A
county shall pay a peace officer employed by the county for an
appearance as a witness in a criminal suit, a civil suit, or an
administrative proceeding in which the county or other political
subdivision or government agency is a party in interest if the
appearance:
(1) is required;
(2) is made on time off; and
(3) is made by the peace officer in the capacity of a
peace officer.
(b) Payment under this section is at the peace officer's
regular rate of pay.
(c) Payment under this section may be taxed as court costs
in civil suits.
(d) This section does not reduce or prohibit compensation
paid in excess of the regular rate of pay.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1960 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1960 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor