reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 143.004 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.004. Election to Adopt or Repeal Chapter

Sec. 143.004.  ELECTION TO ADOPT OR REPEAL CHAPTER.  (a)  A municipality may hold an election to adopt or repeal this chapter as provided by this section.(b)  If the governing body of the municipality receives a petition requesting an election that is signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters who voted in the most recent municipal election, the governing body shall order an election submitting to the voters the question of whether this chapter should be adopted.  The election must be held on the first authorized uniform election date prescribed by Chapter 41, Election Code, that occurs after the petition is filed and that allows sufficient time to comply with other requirements of law.(c)  The ballot shall be printed to provide for voting for or against the proposition:  "Adoption of the fire fighters' and police officers' civil service law."  However, this chapter may be adopted to apply only to the fire or police department, and in that case, the ballot shall be printed to reflect the department that would be covered by this chapter.  If a majority of the votes received in the election are in favor of adoption of this chapter, the governing body shall implement this chapter.(d)  If an election is held under Subsection (b), a petition for a subsequent election to be held under that subsection may not be filed for at least one year after the date the previous election was held.  To be valid, a petition for a subsequent election must contain the signatures of a number of qualified voters of the municipality equal to at least 20 percent of the number of voters who voted in the most recent municipal election.  Any subsequent election must be held at the next general municipal election that occurs after the petition is filed.(e)  If the governing body of a municipality that has operated under this chapter for at least one year receives a petition requesting an election to repeal this chapter that is signed by at least 10 percent of the qualified voters of the municipality, the governing body shall order an election submitting to the voters the question on whether this chapter should be repealed.  If a majority of the qualified voters vote to repeal this chapter, this chapter is void in that municipality.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 143.005 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.005. Status of Employees if Chapter Adopted

Sec. 143.005.  STATUS OF EMPLOYEES IF CHAPTER ADOPTED.  (a)  Each fire fighter or police officer serving in a municipality that adopts this chapter and who has been in the service of the municipality for more than six months at the time this chapter is adopted and who is entitled to civil service classification has the status of a civil service employee and is not required to take a competitive examination to remain in the position the person occupies at the time of the adoption.(b)  In a municipality that adopts this chapter, an employee of the fire department whose primary duties are to provide emergency medical services for the municipality is considered to be a fire fighter who is a member of the fire department performing fire medical emergency technology, entitled to civil service protection, and covered by this chapter.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2005, 79th Leg., Ch. 1034 (H.B. 1126), Sec. 7, eff. September 1, 2005.|
TX Loc Govt Code § 143.0051 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.0051. Status of Employees in Certain Fire Departments

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 129 (H.B. 263), Sec. 1For text of section as added by Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 1, see other Sec. 143.0051.Sec. 143.0051.  STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.  (a)  This section applies only to a fire department employee employed by a municipality with a population of 220,000 or more.  This section does not apply to a fire department employee employed by a municipality:(1)  that has adopted Chapter 174; or(2)  to which Subchapter H or I applies.(b)  Notwithstanding any other provision of this chapter, a previously non-classified fire department employee who serves in a position described by Section 143.003(4)(B), (D), (G), or (J) has the status of a civil service employee and is not required to take a competitive examination to remain in the employee's position if:(1)  the employee was appointed to that position on or before May 1, 2005, and was serving in that position on the date described by Subsection (c); and(2)  the municipality's governing body by ordinance amends the municipality's existing classification of fire department employees to include the employee's position as provided by Section 143.021.(c)  The civil service status of an employee to which Subsection (b) applies is effective on the date that the ordinance amending the municipality's classification system to include the employee's position takes effect.(d)  A fire department employee who has civil service status under Subsection (b) may be promoted only: (1)  by competitive examination in accordance with the competitive civil service procedures prescribed in this chapter; and(2)  within the employee's existing division.(e)  A fire department employee who has civil service status under Subsection (b) may not:(1)  supervise or evaluate classified civil service personnel assigned to fire suppression or emergency medical operations; or(2)  laterally transfer to fire suppression or emergency medical operations.(f)  If a fire department employee who has civil service status under Subsection (b) leaves the employee's position for any reason, a person selected to fill that position must be selected in accordance with the competitive civil service procedures prescribed in this chapter.|Added by Acts 2005, 79th Leg., Ch. 129 (H.B. 263), Sec. 1, eff. May 24, 2005.|
TX Loc Govt Code § 143.0051 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.0051. Status of Employees in Certain Fire Departments

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 869 (S.B. 1050), Sec. 1For text of section as added by Acts 2005, 79th Leg., Ch. 129 (H.B. 263), Sec. 1, see other Sec. 143.0051.Sec. 143.0051.  STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.  (a)  This section applies only to a fire department employee employed by a municipality with a population of 150,000 or more and with a governing body of five or fewer members.(b)  Notwithstanding any other provision of this chapter, a previously nonclassified fire department employee who serves in a position described by Section 143.003(4)(B), (D), (G), or (J) has the status of a civil service employee and is not required to take a competitive examination to remain in the employee's position if:(1)  the employee was appointed to that position on or before May 1, 2005, and was serving in that position on the date described by Subsection (c); and(2)  the municipality's governing body by ordinance amends the municipality's existing classification of fire department employees to include the employee's position as provided by Section 143.021.(c)  The civil service status of an employee to which Subsection (b) applies is effective on the date that the ordinance amending the municipality's classification system to include the employee's position takes effect.(d)  A fire department employee who has civil service status under Subsection (b) may be promoted only:(1)  by competitive examination in accordance with the competitive civil service procedures prescribed in this chapter; and(2)  within the employee's existing division.(e)  A fire department employee who has civil service status under Subsection (b) may not:(1)  supervise or evaluate classified civil service personnel assigned to fire suppression or emergency medical operations; or(2)  laterally transfer to fire suppression or emergency medical operations.(f)  If a fire department employee who has civil service status under Subsection (b) leaves the employee's position for any reason, a person selected to fill that position must be selected in accordance with the competitive civil service procedures prescribed in this chapter.|Added by Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 1, eff. September 1, 2005.|
TX Loc Govt Code § 143.0052 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.0052. Fee for Emergency Medical Services

Sec. 143.0052.  FEE FOR EMERGENCY MEDICAL SERVICES.  (a)  This section applies only to a municipality that:(1)  has a population of more than 220,000 and less than 250,000;(2)  is located in a county in which another municipality that has a population of more than one million is predominately located; and(3)  whose emergency medical services are administered by a fire department.(b)  By resolution of its governing body, a municipality may establish a monthly fee for the costs of emergency medical services, including salary and overtime related to medical personnel.  This fee is applicable to each and every customer served by a municipal water account and may be collected in conjunction with the bill for water services.(c)  A municipality acting under this section supersedes any authority established under Chapter 286, Health and Safety Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 1, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 69, eff. September 1, 2011.|
TX Loc Govt Code § 143.007 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.007. Removal of Commission Member

Sec. 143.007.  REMOVAL OF COMMISSION MEMBER.  (a)  If at a meeting held for that purpose the governing body of the municipality finds that a commission member is guilty of misconduct in office, the governing body may remove the member.  The member may request that the meeting be held as an open hearing in accordance with Chapter 551, Government Code.(b)  If a commission member is indicted or charged by information with a criminal offense involving moral turpitude, the member shall be automatically suspended from office until the disposition of the charge.  Unless the member pleads guilty or is found to be guilty, the member shall resume office at the time of disposition of the charge.(c)  The governing body may appoint a substitute commission member during a period of suspension.  If a member pleads guilty to or is found to be guilty of a criminal offense involving moral turpitude, the governing body shall appoint a replacement commission member to serve the remainder of the disqualified member's term of office.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1, 1995.|
TX Loc Govt Code § 143.008 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.008. Adoption and Publication of Rules

Sec. 143.008.  ADOPTION AND PUBLICATION OF RULES.  (a)  A commission shall adopt rules necessary for the proper conduct of commission business.(b)  The commission may not adopt a rule permitting the appointment or employment of a person who is:(1)  without good moral character;(2)  physically or mentally unfit;  or(3)  incompetent to discharge the duties of the appointment or employment.(c)  The commission shall adopt rules that prescribe cause for removal or suspension of a fire fighter or police officer.  The rules must comply with the grounds for removal prescribed by Section 143.051.(d)  The commission shall publish each rule it adopts and each classification and seniority list for the fire and police departments.  The rules and lists shall be made available on demand.  A rule is considered to be adopted and sufficiently published if the commission adopts the rule by majority vote and causes the rule to be written, typewritten, or printed.  Publication in a newspaper is not required and the governing body of the municipality is not required to act on the rule.(e)  A rule is not valid and binding on the commission until the commission:(1)  mails a copy of the rule to the commissioner, if the municipality has an elected commissioner, and to department heads of the fire and police departments;(2)  posts a copy of the rule for a seven-day period at a conspicuous place in the central fire and police stations;  and(3)  mails a copy of the rule to each branch fire station.(f)  The director shall keep copies of all rules for free distribution to members of the fire and police departments who request copies and for inspection by any interested person.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 143.009 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.009. Commission Investigations and Inspections

Sec. 143.009.  COMMISSION INVESTIGATIONS AND INSPECTIONS.  (a)  The commission or a commission member designated by the commission may investigate and report on all matters relating to the enforcement and effect of this chapter and any rules adopted under this chapter and shall determine if the chapter and rules are being obeyed.(b)  During an investigation, the commission or the commission member may:(1)  administer oaths;(2)  issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, and accounts relating to the investigation;  and(3)  cause the deposition of witnesses residing inside or outside the state.(c)  A deposition taken in connection with an investigation under this section must be taken in the manner prescribed by law for taking a similar deposition in a civil action in federal district court.(d)  An oath administered or a subpoena issued under this section has the same force and effect as an oath administered by a magistrate in the magistrate's judicial capacity.(e)  A person who fails to respond to a subpoena issued under this section commits an offense punishable as prescribed by Section 143.016.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 143.010 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.010. Commission Appeal Procedure

Sec. 143.010.  COMMISSION APPEAL PROCEDURE.  (a)  Except as otherwise provided by this chapter, if a fire fighter or police officer wants to appeal to the commission from an action for which an appeal or review is provided by this chapter, the fire fighter or police officer need only file an appeal with the commission within 10 days after the date the action occurred.(b)  The appeal must include the basis for the appeal and a request for a commission hearing.  The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements.(c)  In each hearing, appeal, or review of any kind in which the commission performs an adjudicatory function, the affected fire fighter or police officer is entitled to be represented by counsel or a person the fire fighter or police officer chooses.  Each commission proceeding shall be held in public.(d)  The commission may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and for the production of documentary material.(e)  The affected fire fighter or police officer may request the commission to subpoena any books, records, documents, papers, accounts, or witnesses that the fire fighter or police officer considers pertinent to the case.  The fire fighter or police officer must make the request before the 10th day before the date the commission hearing will be held.  If the commission does not subpoena the material, the commission shall, before the third day before the date the hearing will be held, make a written report to the fire fighter or police officer stating the reason it will not subpoena the requested material.  This report shall be read into the public record of the commission hearing.(f)  Witnesses may be placed under the rule at the commission hearing.(g)  The commission shall conduct the hearing fairly and impartially as prescribed by this chapter and shall render a just and fair decision.  The commission may consider only the evidence submitted at the hearing.(h)  The commission shall maintain a public record of each proceeding with copies available at cost.(i)  In addition to the requirements prescribed by this section, an appeal to the commission in a municipality with a population of 1.5 million or more must meet the requirements prescribed by Section 143.1015.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 25(b), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1248, Sec. 48, eff. Sept. 1, 1989.|
TX Loc Govt Code § 143.011 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.011. Decisions and Records

Sec. 143.011.  DECISIONS AND RECORDS.  (a)  Each concurring commission member shall sign a decision issued by the commission.(b)  The commission shall keep records of each hearing or case that comes before the commission.(c)  Each rule, opinion, directive, decision, or order issued by the commission must be written and constitutes a public record that the commission shall retain on file.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 143.012 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.012. Director

Sec. 143.012.  DIRECTOR.  (a)  On adoption of this chapter, the office of Director of Fire Fighters' and Police Officers' Civil Service is established in the municipality.  The commission shall appoint the director.  The director shall serve as secretary to the commission and perform work incidental to the civil service system as required by the commission.  The commission may remove the director at any time.(b)  A person appointed as director must meet each requirement for appointment to the commission prescribed by Section 143.006(c), except that in a municipality with a population of less than 1.5 million, the person is not required to meet the local residency requirement.(c)  A person appointed as director may be a commission member, a municipal employee, or some other person.(d)  The municipality's governing body shall determine the salary, if any, to be paid to the director.(e)  If, immediately before this chapter takes effect in a municipality, the municipality has a duly and legally constituted director of civil service, regardless of title, that director shall continue in office as the director established by this section and shall administer the civil service system as prescribed by this chapter.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 355, Sec. 1, eff. Sept. 1, 1999.|
TX Loc Govt Code § 143.013 (2021)
2021 Texas Statutes|Local Government Code|Title 5 - Matters Affecting Public Officers and Employees|Subtitle A - Municipal Officers and Employees|Chapter 143 - Municipal Civil Service for Firefighters and Police Officers|Subchapter A. General Provisions|Section 143.013. Appointment and Removal of Department Head

Sec. 143.013.  APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD.  (a)  Unless elected, each department head is:(1)  appointed by the municipality's chief executive and confirmed by the municipality's governing body;  or(2)  in a municipality having an elected fire or police commissioner, appointed by the fire or police commissioner in whose department the vacancy exists and confirmed by the municipality's governing body.(b)  A person appointed as head of a fire department must be eligible for certification by the Texas Commission on Fire Protection at the intermediate level or its equivalent as determined by that commission and must have served as a fully paid fire fighter for at least five years.  A person appointed as head of a police department must be eligible for certification by the Texas Commission on Law Enforcement at the intermediate level or its equivalent as determined by that commission and must have served as a bona fide law enforcement officer for at least five years.(c)  Except as provided by Subsection (d), if a person is removed from the position of department head, the person shall be reinstated in the department and placed in a position with a rank not lower than that held by the person immediately before appointment as department head.  The person retains all rights of seniority in the department.(d)  If a person serving as department head is charged with an offense in violation of civil service rules and is dismissed from the civil service or discharged from his position as department head, the person has the same rights and privileges of a hearing before the commission and in the same manner and under the same conditions as a classified employee.  If the commission finds that the charges are untrue or unfounded, the person shall immediately be restored to the same classification that the person held before appointment as department head.  The person has all the rights and privileges of the prior position according to seniority and shall be paid his full salary for the time of suspension.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.48, eff. May 18, 2013.|