Bill Text: TX HB1092 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the disciplinary suspension of firefighters and police officers in certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-06 - Left pending in committee [HB1092 Detail]
Download: Texas-2013-HB1092-Introduced.html
83R5295 SCL-F | ||
By: Martinez | H.B. No. 1092 |
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relating to the disciplinary suspension of firefighters and police | ||
officers in certain municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 143.052(g), Local Government Code, is | ||
amended to read as follows: | ||
(g) If offered by the department head, the fire fighter or | ||
police officer may agree in writing to voluntarily accept, with no | ||
right of appeal, a suspension of 16 to 90 calendar days for the | ||
violation of a civil service rule. The department head may not | ||
impose any additional condition on the offer of suspension unless | ||
the right to appeal the condition is retained. The fire fighter or | ||
police officer must accept the offer within five working days after | ||
the date the offer is made. A [ |
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and wants to appeal the suspension to the commission or a person who | ||
accepts the offer and wants to appeal an additional condition | ||
imposed to the commission[ |
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with the commission within 15 days after the date the person | ||
receives the copy of the written statement of suspension. | ||
SECTION 2. The heading to Section 143.053, Local Government | ||
Code, is amended to read as follows: | ||
Sec. 143.053. APPEAL OF DISCIPLINARY SUSPENSION OR | ||
IMPOSITION OF ADDITIONAL CONDITION ON SUSPENSION. | ||
SECTION 3. Section 143.053, Local Government Code, is | ||
amended by amending Subsections (b) and (e) and adding Subsection | ||
(e-1) to read as follows: | ||
(b) If a suspended fire fighter or police officer appeals | ||
the suspension or the imposition of an additional condition on a | ||
suspension under Section 143.052(g) to the commission, the | ||
commission shall hold a hearing and render a decision in writing | ||
within 30 days after the date it receives notice of appeal. The | ||
suspended person and the commission may agree to postpone the | ||
hearing for a definite period. | ||
(e) In its decision in an appeal on a suspension, the | ||
commission shall state whether the suspended fire fighter or police | ||
officer 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. | ||
(e-1) In its decision in an appeal on the imposition of an | ||
additional condition on a suspension, the commission shall state | ||
whether the additional condition on the suspension may be imposed | ||
or may not be imposed. | ||
SECTION 4. Section 143.057(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) In addition to the other notice requirements prescribed | ||
by this chapter, the written notice for a promotional bypass or the | ||
letter of disciplinary action, as applicable, issued to a fire | ||
fighter or police officer must state that in an appeal of an | ||
indefinite suspension, a suspension, the imposition of an | ||
additional condition on a suspension under Section 143.052(g), a | ||
promotional bypass, or a recommended demotion, the appealing fire | ||
fighter or police officer may elect to appeal to an independent | ||
third party hearing examiner instead of to the commission. The | ||
letter must also state that if the fire fighter or police officer | ||
elects to appeal to a hearing examiner, the person waives all rights | ||
to appeal to a district court except as provided by Subsection (j). | ||
SECTION 5. The change in law made by this Act applies only | ||
to a suspension voluntarily accepted on or after the effective date | ||
of this Act. A suspension voluntarily accepted before the | ||
effective date of this Act is governed by the law as it existed | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |