Texas 2023 88th Regular

Texas House Bill HB1661 Engrossed / Bill

Filed 04/28/2023

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                    88R2010 JTZ-D
 By: Burns H.B. No. 1661


 A BILL TO BE ENTITLED
 AN ACT
 relating to the age limit for a beginning position in a police
 department under municipal civil service.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 143.023(c), Local Government Code, is
 repealed.
 SECTION 2.  The heading to Section 143.083, Local Government
 Code, is amended to read as follows:
 Sec. 143.083.  EMERGENCY APPOINTMENT OF TEMPORARY FIRE
 FIGHTERS [AND POLICE OFFICERS].
 SECTION 3.  Section 143.083(a), Local Government Code, is
 amended to read as follows:
 (a)  If a municipality is unable to recruit qualified fire
 fighters [or police officers] because of the maximum age limit
 prescribed by Section 143.023 and the municipality's governing body
 finds that this inability creates an emergency, the commission
 shall recommend to the governing body additional rules governing
 the temporary employment of persons who are 36 years of age or
 older.
 SECTION 4.  Section 143.084, Local Government Code, is
 amended to read as follows:
 Sec. 143.084.  CIVIL SERVICE STATUS AND PENSION BENEFITS FOR
 CERTAIN FIRE FIGHTERS [AND POLICE OFFICERS]. (a) Each fire fighter
 [or police officer] who, since December 31, 1969, has been
 continuously employed as a temporary employee under the provision
 codified as Section 143.083 has the full status of a civil service
 employee with all the rights and privileges granted by Section
 143.005.
 (b)  A fire fighter [or police officer] covered by Subsection
 (a) is eligible to participate in earned pension benefits. The
 person may buy back service credits in the pension fund in which the
 permanent fire fighters [or police officers] in the department have
 participated since that person's employment. The credits may be
 bought at a rate determined by the actuary of the affected pension
 fund.
 SECTION 5.  Section 143.084, Local Government Code, as
 amended by this Act, does not affect the civil service status or
 eligibility for pension benefits of a police officer to whom that
 section applied immediately before the effective date of this Act.
 The civil service status and eligibility for pension benefits of a
 police officer to whom that section applied is governed by the law
 in effect immediately before the effective date of this Act, and the
 former law is continued in effect for that purpose.
 SECTION 6.  This Act takes effect September 1, 2023.