Bill Text: TX HB1940 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the appeal to a civil service commission of a disciplinary suspension of a fire fighter or police officer in certain municipalities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-21 - Scheduled for public hearing on . . . [HB1940 Detail]

Download: Texas-2021-HB1940-Introduced.html
  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.
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