H.B. No. 2806
 
 
 
 
AN ACT
  relating to the reinstatement of a firefighter or police officer to
  a previously held position based on seniority on the return of
  another firefighter or police officer from a military leave of
  absence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 143.072(c) and (f), Local Government
  Code, are amended to read as follows:
         (c)  While a fire fighter or police officer who received a
  military leave of absence serves in the military, the commission
  shall fill the person's position in the department in accordance
  with this chapter. [The fire fighter or police officer who fills
  the position is subject to replacement by the person who received
  the military leave at the time the person returns to active duty in
  the department.]
         (f)  If the reinstatement of a fire fighter or police officer
  who received a military leave of absence causes a surplus in the
  rank to which the fire fighter or police officer was reinstated, the
  fire fighter or police officer who has the least seniority in the
  position shall [that person's replacement to] be returned to the [a
  lower] position immediately below the position to which the
  returning fire fighter or police officer was reinstated. If a fire
  fighter or police officer is returned to a lower position in grade
  or compensation under this subsection without charges being filed
  against the person for violation of civil service rules, the fire
  fighter or police officer shall be placed on a position
  reinstatement list in order of seniority. Appointments from the
  reinstatement list shall be made in order of seniority. A person who
  is not on the reinstatement list may not be appointed to a position
  to which the list applies until the list is exhausted [, the
  replaced person has a preferential right to a subsequent
  appointment or promotion to the same or a similar position from
  which the person was demoted. This preferential right has priority
  over an eligibility list and is subject to the replaced person
  remaining physically and mentally fit to discharge the duties of
  that position].
         SECTION 2.  The change in law made by this Act applies only
  to a firefighter or police officer who is returned to a lower
  position in grade or compensation on or after the effective date of
  this Act. A firefighter or police officer who is returned to a
  lower position in grade or compensation before the effective date
  of this Act is covered by the law in effect immediately before that
  date, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2806 was passed by the House on April
  28, 2009, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2806 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor