HBA-TYH H.B. 1684 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1684
By: Yarbrough
Urban Affairs
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

In 1987, the 70th Legislature adopted laws establishing provisions for
disciplinary and indefinite suspensions of police officers and
firefighters, and for the appeals of these suspensions, in a municipality
with a population of 1.5 million or more.  Currently, the disciplinary
suspensions begin when the department head demands it.  H.B. 1684 allows
police officers and fire fighters to appeal a disciplinary suspension
before the suspension must be served. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 143.117(a), (d), and (f), Local Government
Code, as follows: 

(a)  Authorizes the fire fighter or police officer to elect to begin the
term of suspension immediately on being notified of the suspension by the
department head.  Authorizes the department head, if the fire fighter or
police officer does not make that election, to require the fire fighter or
police officer to begin the term of the suspension on the next business day
after the date on which: 

(1)  the fire fighter's or police officer's right to file an appeal of the
suspension expires, if the fire fighter or police officer does not file an
appeal before the expiration of that date; or 
  
(2)  the Fire Fighters' and Police Officers' Civil Service Commission
(commission) or an independent third party hearing examiner under Section
143.057 (Hearing Examiners) or 143.1016 (Hearing Examiners) renders a
decision on the appeal, if the fire fighter or police officer files an
appeal of the suspension in a timely manner. 

(d)  Provides that the suspension is void and the fire fighter or police
officer is entitled to the person's full pay if the department head fails
to file the statement during the required time or suspends the fire fighter
or police officer later than the 180th day after the date the department
discovers or becomes aware of the violation that resulted in the
suspension. Makes conforming changes.  

(f)  Provides that the provisions of Subsection (d), (e), (h), and (i) of
Section 143.119 (Indefinite Suspensions) apply to this section.  Deletes
text "of this chapter" referring to Section 143.119.  Makes conforming
changes. 

SECTION 2.  Amends Section 143.119, Local Government Code, by amending
Subsection (a) and adding Subsections (h) and (i), as follows: 

(a)  Provides that an indefinite suspension takes effect on the next
business day after the date on which: 

 (1)  the fire fighter's or police officer's right to file an appeal of the
suspension expires, if the fire fighter or police officer does not file an
appeal before the expiration of that date; or 
  
(2)  the commission or an independent third party hearing examiner under
Section 143.057 or 143.1016 renders a decision on the appeal, if the fire
fighter or police officer files an appeal of the suspension in a timely
manner. 

(h)  Prohibits the department head, in preparing the written statement to
be filed with the commission and in assessing the reasonableness of a fire
fighter's or police officer's suspension, from referring to or considering
any previous suspension the fire fighter or police officer may have had and
for which the fire fighter or police officer had filed an appeal in a
timely manner, unless the commission or an independent third party hearing
examiner under Section 143.057 or 143.1016 has rendered its decision on the
appeal.  
 
(i)  Prohibits the department head from revoking, suspending, or denying a
fire fighter's or police officer's application for extra employment,
regardless of whether that employment involves the duties of a fire fighter
or police officer, because of a suspension for which the fire fighter or
police officer had filed an appeal in a timely manner, unless the
commission or an independent third party hearing examiner under Section
143.057 or 143.1016 has rendered its decision on the appeal.  

SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.  Emergency clause.