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