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.