HBA-CMT, CBW C.S.H.B. 3603 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3603
By: Capelo
Urban Affairs
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, municipalities covered by the provisions for municipal civil
services are required to provide line of duty illness or injury leave to a
police officer or firefighter with full pay for up to one year.  After the
oneyear period, the municipality's governing body may extend the leave at
full or reduced pay.  If a firefighter's or police officer's salary is
reduced below 60 percent of the person's regular monthly salary and the
municipality has a firefighter or police officer's pension fund, the person
may retire on pension until able to return to work.  It may be unclear
whether police officers and firefighters who are members of different
pension funds are covered by the provision.  C.S.H.B. 3603 clarifies that
police officers and firefighters in civil service municipalities are
covered  by the provisions for retirement on pension regardless of the type
of pension fund in which they are a member.  

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. 

ANALYSIS

C.S.H.B. 3603 amends the Local Government Code to provide that if after one
year a firefighter's or police officer's line of duty illness or injury
leave of absence is not extended or the person's salary is reduced below 60
percent of the person's regular monthly salary and the person is a member
of a pension fund, the person is authorized to retire on pension until able
to return to duty.  The bill only applies to a city that has adopted the
provisions for municipal civil service.     

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3603 amends the original bill by adding the provision that with
the Fire Fighters' and Police Officers' Civil Service Commission's approval
a firefighter or police officer who has been certified by a physician
selected by a pension fund, rather than a firefighter's or police officer's
relief or retirement fund as having recovered from a disability for which
the person has been receiving a monthly disability pension is eligible for
reappointment.