81R10097 JSC-D
By: Maldonado H.B. No. 2806
A BILL TO BE ENTITLED
AN ACT
relating to the reinstatement of a firefighter or police officer to
a previously held position based on seniority on the return of
another firefighter or police officer from a military leave of
absence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 143.072(c) and (f), Local Government
Code, are amended to read as follows:
(c) While a fire fighter or police officer who received a
military leave of absence serves in the military, the commission
shall fill the person's position in the department in accordance
with this chapter. [The fire fighter or police officer who fills
the position is subject to replacement by the person who received
the military leave at the time the person returns to active duty in
the department.]
(f) If the reinstatement of a fire fighter or police officer
who received a military leave of absence causes a surplus in the
rank to which the fire fighter or police officer was reinstated, the
fire fighter or police officer who has the least seniority in the
position shall [that person's replacement to] be returned to the [a
lower] position immediately below the position to which the
returning fire fighter or police officer was reinstated. If a fire
fighter or police officer is returned to a lower position in grade
or compensation under this subsection without charges being filed
against the person for violation of civil service rules, the fire
fighter or police officer shall be placed on a position
reinstatement list in order of seniority. Appointments from the
reinstatement list shall be made in order of seniority. A person who
is not on the reinstatement list may not be appointed to a position
to which the list applies until the list is exhausted [, the
replaced person has a preferential right to a subsequent
appointment or promotion to the same or a similar position from
which the person was demoted. This preferential right has priority
over an eligibility list and is subject to the replaced person
remaining physically and mentally fit to discharge the duties of
that position].
SECTION 2. The change in law made by this Act applies only
to a firefighter or police officer who is returned to a lower
position in grade or compensation on or after the effective date of
this Act. A firefighter or police officer who is returned to a
lower position in grade or compensation before the effective date
of this Act is covered by the law in effect immediately before that
date, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.