| 1 | 1 | | 82R2816 MXM-D |
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| 2 | 2 | | By: Fletcher, Burkett H.B. No. 342 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the reinstatement of a firefighter or police officer |
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| 8 | 8 | | following a decision rendered by the Fire Fighters' and Police |
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| 9 | 9 | | Officers' Civil Service Commission or an independent third party |
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| 10 | 10 | | hearing examiner. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 143.053(f), Local Government Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (f) If the commission finds that the period of disciplinary |
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| 15 | 15 | | suspension should be reduced, the commission may order a reduction |
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| 16 | 16 | | in the period of suspension. If the commission orders that the |
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| 17 | 17 | | suspended fire fighter or police officer be [is] restored to the |
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| 18 | 18 | | position or class of service from which the person was suspended, |
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| 19 | 19 | | the fire fighter or police officer is entitled to: |
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| 20 | 20 | | (1) immediate reinstatement to the position or class |
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| 21 | 21 | | of service from which the person was suspended, even if the |
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| 22 | 22 | | municipality or department head challenges the commission's |
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| 23 | 23 | | decision in court; |
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| 24 | 24 | | (2) full compensation for the actual time lost as a |
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| 25 | 25 | | result of the suspension at the rate of pay provided for the |
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| 26 | 26 | | position or class of service from which the person was suspended; |
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| 27 | 27 | | and |
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| 28 | 28 | | (3) [(2)] restoration of or credit for any other |
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| 29 | 29 | | benefits lost as a result of the suspension, including sick leave, |
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| 30 | 30 | | vacation leave, and service credit in a retirement system. |
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| 31 | 31 | | Standard payroll deductions, if any, for retirement and other |
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| 32 | 32 | | benefits restored shall be made from the compensation paid, and the |
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| 33 | 33 | | municipality shall make its standard corresponding contributions, |
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| 34 | 34 | | if any, to the retirement system or other applicable benefit |
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| 35 | 35 | | systems. |
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| 36 | 36 | | SECTION 2. Section 143.057, Local Government Code, is |
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| 37 | 37 | | amended by adding Subsection (k) to read as follows: |
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| 38 | 38 | | (k) If the hearing examiner orders that the police officer |
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| 39 | 39 | | or fire fighter be reinstated to the position or class of service |
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| 40 | 40 | | the person held before the action by the department that was the |
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| 41 | 41 | | subject of the appeal, the police officer or fire fighter is |
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| 42 | 42 | | entitled to immediate reinstatement to that position or class of |
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| 43 | 43 | | service, even if the municipality or department head challenges the |
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| 44 | 44 | | hearing examiner's decision in court. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2011. |
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