87R6717 MP-F
By: Gervin-Hawkins H.B. No. 1940
A BILL TO BE ENTITLED
AN ACT
relating to the appeal to a civil service commission of a
disciplinary suspension of a fire fighter or police officer in
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 143.053(e) and (f), Local Government
Code, are amended to read as follows:
(e) In its decision, the commission shall state whether the
department head's original written statement and charges are
supported by substantial evidence in the record. If the commission
states in its decision that the department head's statement and
charges are not supported by substantial evidence in the record,
the suspended fire fighter or police officer shall be [is:
[(1) permanently dismissed from the fire or police
department;
[(2) temporarily suspended from the department; or
[(3)] restored to the person's former position or status
in the department's classified service. If the commission states in
its decision that the department head's statement and charges are
supported by substantial evidence in the record, the commission
shall affirm the suspension.
(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 suspended fire fighter or
police officer 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) 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
(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 143.053(g), Local Government Code, is
repealed.
SECTION 3. The changes in law made by this Act apply only to
a disciplinary action for conduct that occurs on or after the
effective date of this Act. Conduct that occurs before that date is
governed by the law in effect immediately before that date, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.