82R2816 MXM-D
By: Fletcher, Burkett H.B. No. 342
A BILL TO BE ENTITLED
AN ACT
relating to the reinstatement of a firefighter or police officer
following a decision rendered by the Fire Fighters' and Police
Officers' Civil Service Commission or an independent third party
hearing examiner.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 143.053(f), Local Government Code, is
amended to read as follows:
(f) If the commission finds that the period of disciplinary
suspension should be reduced, the commission may order a reduction
in the period of suspension. If the commission orders that the
suspended fire fighter or police officer be [is] restored to the
position or class of service from which the person was suspended,
the fire fighter or police officer is entitled to:
(1) immediate reinstatement to the position or class
of service from which the person was suspended, even if the
municipality or department head challenges the commission's
decision in court;
(2) full compensation for the actual time lost as a
result of the suspension at the rate of pay provided for the
position or class of service from which the person was suspended;
and
(3) [(2)] restoration of or credit for any other
benefits lost as a result of the suspension, including sick leave,
vacation leave, and service credit in a retirement system.
Standard payroll deductions, if any, for retirement and other
benefits restored shall be made from the compensation paid, and the
municipality shall make its standard corresponding contributions,
if any, to the retirement system or other applicable benefit
systems.
SECTION 2. Section 143.057, Local Government Code, is
amended by adding Subsection (k) to read as follows:
(k) If the hearing examiner orders that the police officer
or fire fighter be reinstated to the position or class of service
the person held before the action by the department that was the
subject of the appeal, the police officer or fire fighter is
entitled to immediate reinstatement to that position or class of
service, even if the municipality or department head challenges the
hearing examiner's decision in court.
SECTION 3. 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, 2011.