Texas 2009 - 81st Regular

Texas House Bill HB2806 Compare Versions

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1	1	H.B. No. 2806
2	2
3	3
4	4	AN ACT
5	5	relating to the reinstatement of a firefighter or police officer to
6	6	a previously held position based on seniority on the return of
7	7	another firefighter or police officer from a military leave of
8	8	absence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 143.072(c) and (f), Local Government
11	11	Code, are amended to read as follows:
12	12	(c) While a fire fighter or police officer who received a
13	13	military leave of absence serves in the military, the commission
14	14	shall fill the person's position in the department in accordance
15	15	with this chapter. [The fire fighter or police officer who fills
16	16	the position is subject to replacement by the person who received
17	17	the military leave at the time the person returns to active duty in
18	18	the department.]
19	19	(f) If the reinstatement of a fire fighter or police officer
20	20	who received a military leave of absence causes a surplus in the
21	21	rank to which the fire fighter or police officer was reinstated, the
22	22	fire fighter or police officer who has the least seniority in the
23	23	position shall [that person's replacement to] be returned to the [a
24	24	lower] position immediately below the position to which the
25	25	returning fire fighter or police officer was reinstated. If a fire
26	26	fighter or police officer is returned to a lower position in grade
27	27	or compensation under this subsection without charges being filed
28	28	against the person for violation of civil service rules, the fire
29	29	fighter or police officer shall be placed on a position
30	30	reinstatement list in order of seniority. Appointments from the
31	31	reinstatement list shall be made in order of seniority. A person who
32	32	is not on the reinstatement list may not be appointed to a position
33	33	to which the list applies until the list is exhausted [, the
34	34	replaced person has a preferential right to a subsequent
35	35	appointment or promotion to the same or a similar position from
36	36	which the person was demoted. This preferential right has priority
37	37	over an eligibility list and is subject to the replaced person
38	38	remaining physically and mentally fit to discharge the duties of
39	39	that position].
40	40	SECTION 2. The change in law made by this Act applies only
41	41	to a firefighter or police officer who is returned to a lower
42	42	position in grade or compensation on or after the effective date of
43	43	this Act. A firefighter or police officer who is returned to a
44	44	lower position in grade or compensation before the effective date
45	45	of this Act is covered by the law in effect immediately before that
46	46	date, and the former law is continued in effect for that purpose.
47	47	SECTION 3. This Act takes effect September 1, 2009.
48	48	______________________________ ______________________________
49	49	President of the Senate Speaker of the House
50	50	I certify that H.B. No. 2806 was passed by the House on April
51	51	28, 2009, by the following vote: Yeas 147, Nays 0, 2 present, not
52	52	voting.
53	53	______________________________
54	54	Chief Clerk of the House
55	55	I certify that H.B. No. 2806 was passed by the Senate on May
56	56	27, 2009, by the following vote: Yeas 31, Nays 0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	APPROVED: _____________________
60	60	Date
61	61	_____________________
62	62	Governor