| 1 | 1 | | 87R6717 MP-F |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 1940 |
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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 appeal to a civil service commission of a |
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| 8 | 8 | | disciplinary suspension of a fire fighter or police officer in |
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| 9 | 9 | | certain municipalities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 143.053(e) and (f), Local Government |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (e) In its decision, the commission shall state whether the |
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| 14 | 14 | | department head's original written statement and charges are |
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| 15 | 15 | | supported by substantial evidence in the record. If the commission |
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| 16 | 16 | | states in its decision that the department head's statement and |
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| 17 | 17 | | charges are not supported by substantial evidence in the record, |
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| 18 | 18 | | the suspended fire fighter or police officer shall be [is: |
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| 19 | 19 | | [(1) permanently dismissed from the fire or police |
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| 20 | 20 | | department; |
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| 21 | 21 | | [(2) temporarily suspended from the department; or |
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| 22 | 22 | | [(3)] restored to the person's former position or status |
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| 23 | 23 | | in the department's classified service. If the commission states in |
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| 24 | 24 | | its decision that the department head's statement and charges are |
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| 25 | 25 | | supported by substantial evidence in the record, the commission |
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| 26 | 26 | | shall affirm the suspension. |
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| 27 | 27 | | (f) [If the commission finds that the period of disciplinary |
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| 28 | 28 | | suspension should be reduced, the commission may order a reduction |
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| 29 | 29 | | in the period of suspension.] If the suspended fire fighter or |
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| 30 | 30 | | police officer is restored to the position or class of service from |
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| 31 | 31 | | which the person was suspended, the fire fighter or police officer |
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| 32 | 32 | | is entitled to: |
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| 33 | 33 | | (1) full compensation for the actual time lost as a |
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| 34 | 34 | | result of the suspension at the rate of pay provided for the |
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| 35 | 35 | | position or class of service from which the person was suspended; |
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| 36 | 36 | | and |
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| 37 | 37 | | (2) restoration of or credit for any other benefits |
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| 38 | 38 | | lost as a result of the suspension, including sick leave, vacation |
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| 39 | 39 | | leave, and service credit in a retirement system. Standard payroll |
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| 40 | 40 | | deductions, if any, for retirement and other benefits restored |
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| 41 | 41 | | shall be made from the compensation paid, and the municipality |
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| 42 | 42 | | shall make its standard corresponding contributions, if any, to the |
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| 43 | 43 | | retirement system or other applicable benefit systems. |
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| 44 | 44 | | SECTION 2. Section 143.053(g), Local Government Code, is |
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| 45 | 45 | | repealed. |
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| 46 | 46 | | SECTION 3. The changes in law made by this Act apply only to |
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| 47 | 47 | | a disciplinary action for conduct that occurs on or after the |
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| 48 | 48 | | effective date of this Act. Conduct that occurs before that date is |
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| 49 | 49 | | governed by the law in effect immediately before that date, and the |
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| 50 | 50 | | former law is continued in effect for that purpose. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2021. |
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