| 1 | 1 | | H.B. No. 1661 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the age limit for a beginning position in a police |
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| 6 | 6 | | department under municipal civil service. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 143.023(c), Local Government Code, is |
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| 9 | 9 | | repealed. |
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| 10 | 10 | | SECTION 2. The heading to Section 143.083, Local Government |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 143.083. EMERGENCY APPOINTMENT OF TEMPORARY FIRE |
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| 13 | 13 | | FIGHTERS [AND POLICE OFFICERS]. |
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| 14 | 14 | | SECTION 3. Section 143.083(a), Local Government Code, is |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (a) If a municipality is unable to recruit qualified fire |
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| 17 | 17 | | fighters [or police officers] because of the maximum age limit |
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| 18 | 18 | | prescribed by Section 143.023 and the municipality's governing body |
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| 19 | 19 | | finds that this inability creates an emergency, the commission |
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| 20 | 20 | | shall recommend to the governing body additional rules governing |
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| 21 | 21 | | the temporary employment of persons who are 36 years of age or |
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| 22 | 22 | | older. |
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| 23 | 23 | | SECTION 4. Section 143.084, Local Government Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | Sec. 143.084. CIVIL SERVICE STATUS AND PENSION BENEFITS FOR |
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| 26 | 26 | | CERTAIN FIRE FIGHTERS [AND POLICE OFFICERS]. (a) Each fire fighter |
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| 27 | 27 | | [or police officer] who, since December 31, 1969, has been |
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| 28 | 28 | | continuously employed as a temporary employee under the provision |
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| 29 | 29 | | codified as Section 143.083 has the full status of a civil service |
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| 30 | 30 | | employee with all the rights and privileges granted by Section |
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| 31 | 31 | | 143.005. |
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| 32 | 32 | | (b) A fire fighter [or police officer] covered by Subsection |
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| 33 | 33 | | (a) is eligible to participate in earned pension benefits. The |
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| 34 | 34 | | person may buy back service credits in the pension fund in which the |
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| 35 | 35 | | permanent fire fighters [or police officers] in the department have |
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| 36 | 36 | | participated since that person's employment. The credits may be |
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| 37 | 37 | | bought at a rate determined by the actuary of the affected pension |
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| 38 | 38 | | fund. |
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| 39 | 39 | | SECTION 5. Section 143.084, Local Government Code, as |
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| 40 | 40 | | amended by this Act, does not affect the civil service status or |
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| 41 | 41 | | eligibility for pension benefits of a police officer to whom that |
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| 42 | 42 | | section applied immediately before the effective date of this Act. |
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| 43 | 43 | | The civil service status and eligibility for pension benefits of a |
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| 44 | 44 | | police officer to whom that section applied is governed by the law |
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| 45 | 45 | | in effect immediately before the effective date of this Act, and the |
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| 46 | 46 | | former law is continued in effect for that purpose. |
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| 47 | 47 | | SECTION 6. This Act takes effect September 1, 2023. |
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| 48 | 48 | | ______________________________ ______________________________ |
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| 49 | 49 | | President of the Senate Speaker of the House |
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| 50 | 50 | | I certify that H.B. No. 1661 was passed by the House on April |
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| 51 | 51 | | 28, 2023, by the following vote: Yeas 144, Nays 0, 2 present, not |
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| 52 | 52 | | voting. |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Chief Clerk of the House |
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| 55 | 55 | | I certify that H.B. No. 1661 was passed by the Senate on May |
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| 56 | 56 | | 19, 2023, by the following vote: Yeas 31, Nays 0. |
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| 57 | 57 | | ______________________________ |
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| 58 | 58 | | Secretary of the Senate |
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| 59 | 59 | | APPROVED: _____________________ |
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| 60 | 60 | | Date |
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| 61 | 61 | | _____________________ |
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| 62 | 62 | | Governor |
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