By: Burns (Senate Sponsor - King) H.B. No. 1661
(In the Senate - Received from the House May 1, 2023;
May 2, 2023, read first time and referred to Committee on Criminal
Justice; May 17, 2023, reported favorably by the following vote:
Yeas 7, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
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repealed.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.
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