reglab/statecodes huggingface dataset:
2023 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 J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.359. Enforceability of Agreement

Sec. 143.359.  ENFORCEABILITY OF AGREEMENT.  (a)  A written agreement made under this subchapter between a public employer and a bargaining agent is enforceable and binding on the public employer, the bargaining agent, police employee groups, and the police officers covered by the agreement if:
(1)  the municipality's governing body ratified the agreement by a majority vote;  and
(2)  the agreement is ratified under Section 143.360.
(b)  A state district court of the judicial district in which a majority of the population of the municipality is located has full authority and jurisdiction on the application of either party aggrieved by an action or omission of the other party when the action or omission is related to a right, duty, or obligation provided by any written agreement ratified as required by this subchapter.  The court may issue proper restraining orders, temporary and permanent injunctions, and any other writ, order, or process, including contempt orders, that are appropriate to enforcing any written agreement ratified as required by this subchapter.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 6, eff. Sept. 1, 2001.
2023 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 J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.360. Election to Ratify Agreement

Sec. 143.360.  ELECTION TO RATIFY AGREEMENT.  (a)  The bargaining agent shall call an election to ratify any agreement reached with the public employer.
(b)  All police officers of the municipality, other than the department head and assistant department heads, are eligible to vote in the election.
(c)  The bargaining agent shall establish procedures for the election.
(d)   A majority of all votes cast is required to ratify an agreement.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 7, eff. Sept. 1, 2001.
2023 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 J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.361. Agreement Supersedes Conflicting Provisions

Sec. 143.361.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  (a)  A written agreement ratified under this subchapter between a public employer and the bargaining agent supersedes a previous statute concerning wages, salaries, rates of pay, hours of work, and other terms of employment other than pension benefits to the extent of any conflict with the previous statute.
(b)  A written agreement ratified under this subchapter preempts all contrary local ordinances, executive orders, legislation, or rules adopted by the state or a political subdivision or agent of the state, such as a personnel board, a civil service commission, or a home-rule municipality.
(c)  An agreement under this subchapter may not diminish or qualify any right, benefit, or privilege of an employee under this chapter or other law unless approved by a majority of the votes cast at the secret ballot election held by the bargaining agent to ratify the agreement.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 8, eff. Sept. 1, 2001.
2023 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 J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.362. Repeal of Agreement by Electorate

Sec. 143.362.  REPEAL OF AGREEMENT BY ELECTORATE.  Within 45 days after the date an agreement is ratified and signed by the municipality and the bargaining agent, a petition signed by a number of registered voters equal to 10 percent of the votes cast at the most recent mayoral general election in the municipality may be presented to the municipal secretary calling an election for the repeal of the agreement, in which event the governing body shall reconsider the agreement, and, if it does not repeal the agreement, it shall call an election of the qualified voters to determine if they desire to repeal the agreement.  The election shall be held as part of the next regularly scheduled municipal election or at a special election called by the governing body for that purpose.  If at the election a majority of the votes are cast in favor of the repeal of the adoption of the agreement, the agreement becomes void.  The ballot shall be printed to provide for voting for or against the proposition:
"Repeal of the adoption of the agreement ratified by the municipality and the police officers of the municipality concerning wages, salaries, rates of pay, certain benefits, hours of work, and other terms of employment."
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 9, eff. Sept. 1, 2001.
2023 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 J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.363. Protected Rights of Individual Employees

Sec. 143.363.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.  (a)  For the purpose of any disciplinary appeal to either the civil service commission or a hearing examiner, all police officers have the right to choose to be represented by any person of their choice or by the police employee group selected as the bargaining agent.
(b)  An agreement may not interfere with the right of a member of a police employee group to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Commission on Human Rights or the Equal Employment Opportunity Commission or to pursue affirmative action litigation.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 10, eff. Sept. 1, 2001.
2023 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 K. Civil Service Status of Emergency Medical Services Personnel in Certain Municipalities › Section 143.401. Applicability

Sec. 143.401.  APPLICABILITY.  (a) This subchapter applies only to a municipality:
(1)  with a population of 460,000 or more that operates under a city manager form of government; and
(2)  that employs emergency medical services personnel in a municipal department other than the fire department.
(b)  In this subchapter, "emergency medical services personnel" has the meaning assigned by Section 773.003, Health and Safety Code. The term applies only to an individual certified under Chapter 773, Health and Safety Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 708 (H.B. 554), Sec. 1, eff. June 17, 2011.
2023 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 K. Civil Service Status of Emergency Medical Services Personnel in Certain Municipalities › Section 143.402. Election to Adopt or Repeal Subchapter

Sec. 143.402.  ELECTION TO ADOPT OR REPEAL SUBCHAPTER.  (a)  A municipality may hold an election to adopt or repeal this subchapter 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 registered voters who reside in the municipality equal to at least 10 percent of the number of voters who voted in the most recent municipal general election, the governing body shall order an election submitting to the voters the question of whether this subchapter 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 emergency medical services personnel civil service law." If a majority of the votes received in the election favor adoption of this subchapter, the governing body shall implement this subchapter.
(d)  A petition for a subsequent election to be held under Subsection (b) may not be filed for at least one year after the date of a previous election under that subsection.  To be valid, a petition for a subsequent election must contain the signatures of a number of registered voters who reside in the municipality equal to at least 20 percent of the number of voters who voted in the most recent municipal general election. Any subsequent election must be held at the next municipal general election that occurs after the petition is filed.
(e)  If the governing body of a municipality that has operated under this subchapter for at least one year receives a petition requesting an election to repeal this subchapter that is signed by at least 10 percent of the registered voters who reside in the municipality, the governing body shall order an election submitting to the voters the question of whether this subchapter should be repealed. If a majority of the votes received favor repeal of this subchapter, this subchapter is void in that municipality.
Added by Acts 2011, 82nd Leg., R.S., Ch. 708 (H.B. 554), Sec. 1, eff. June 17, 2011.
2023 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 K. Civil Service Status of Emergency Medical Services Personnel in Certain Municipalities › Section 143.403. Status of Employees if Subchapter Adopted

Sec. 143.403.  STATUS OF EMPLOYEES IF SUBCHAPTER ADOPTED.  (a)  Each person who is employed for more than six months as emergency medical services personnel serving in a municipality at the time this subchapter is adopted in the municipality 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)  On adoption of this subchapter, the governing body of the municipality employing emergency medical services personnel shall classify the personnel in accordance with Section 143.021 and the duties performed by the personnel.
(c)  To the extent it can be made applicable, each provision of this chapter, including the provisions relating to eligibility lists, examinations, promotions, appointments, educational incentive pay, longevity or seniority pay, certification pay, assignment pay, salary, vacation leave, and disciplinary appeals, applies to emergency medical services personnel covered by this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 708 (H.B. 554), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 144 - Electronic Funds Transfer of Compensation and Reimbursement of Municipal Officers and Employees › Section 144.001. Transfer System Authorized

Sec. 144.001.  TRANSFER SYSTEM AUTHORIZED.  (a)  A municipality may establish and operate an electronic funds transfer system to transfer the following items directly into officers' and employees' accounts in financial institutions only:
(1)  the net pay of the officers and employees;
(2)  payments for the travel and subsistence of the officers and employees;  and
(3)  all other forms of compensation, payment, or reimbursement paid to the officers and employees.
(b)  The authority granted by this chapter may not be restricted by a municipal charter.
Added by Acts 1989, 71st Leg., ch. 1047, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 144 - Electronic Funds Transfer of Compensation and Reimbursement of Municipal Officers and Employees › Section 144.002. Payee Request

Sec. 144.002.  PAYEE REQUEST.  An authorized payee must request in writing to participate in any electronic funds transfer system established and operated by the municipality.
Added by Acts 1989, 71st Leg., ch. 1047, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 144 - Electronic Funds Transfer of Compensation and Reimbursement of Municipal Officers and Employees › Section 144.003. Administration of System

Sec. 144.003.  ADMINISTRATION OF SYSTEM.  The municipal treasurer, with the approval of the governing body of the municipality, shall establish the procedures for administering the system and may use the services of financial institutions, automated clearinghouses, and the federal government.
Added by Acts 1989, 71st Leg., ch. 1047, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 144 - Electronic Funds Transfer of Compensation and Reimbursement of Municipal Officers and Employees › Section 144.004. Transfer to Multiple Payees

Sec. 144.004.  TRANSFER TO MULTIPLE PAYEES.  A single transfer may contain payments to multiple payees without the necessity of issuing individual warrants for each payee.
Added by Acts 1989, 71st Leg., ch. 1047, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 144 - Electronic Funds Transfer of Compensation and Reimbursement of Municipal Officers and Employees › Section 144.005. No Additional Rights Created

Sec. 144.005.  NO ADDITIONAL RIGHTS CREATED.  The use of an electronic funds transfer means of payment does not create any rights that would not have been created if an individual warrant had been used as a means of payment.
Added by Acts 1989, 71st Leg., ch. 1047, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.001. Applicability of Chapter

Sec. 145.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a municipality with a population of 100,000 or more.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.002. Definitions

Sec. 145.002.  DEFINITIONS.  In this chapter:
(1)  "Deliver" means transmitting by mail, personal delivery, or e-mail or any other means of electronic transfer.
(2)  "Municipal officer" means the mayor, a member of the governing body, the municipal attorney, or the city manager of a municipality.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 223 (H.B. 1246), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.003. Financial Statement Required

Sec. 145.003.  FINANCIAL STATEMENT REQUIRED.  (a)  A municipal officer or a candidate for a municipal office filled by election shall file a financial statement as required by this chapter.
(b)  The statement must:
(1)  be filed with the clerk or secretary of the municipality in which the officer or candidate resides;  and
(2)  comply with Sections 572.022 and 572.023, Government Code.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.004. Filing Dates; Timeliness of Filing

Sec. 145.004.  FILING DATES;  TIMELINESS OF FILING.  (a)  A municipal officer shall file the financial statement required by this chapter within the time prescribed by Section 572.026(a), Government Code.
(b)  A person who is appointed to a municipal office shall file the financial statement required by this chapter within the time prescribed by Section 572.026(c), Government Code.
(c)  A candidate for a municipal office filled by election shall file the financial statement required by this chapter not later than the earlier of:
(1)  the 20th day after the deadline for filing an application for a place on the ballot in the election;  or
(2)  the fifth day before the date of the election.
(d)  Except as provided in Subsection (g), the timeliness of the filing is governed by Section 572.029, Government Code.
(e)  A municipal officer or a person who is appointed to a municipal office may request the clerk or secretary of the municipality to grant an extension of not more than 60 days for filing the statement.  The clerk or secretary shall grant the request if it is received before the filing deadline or if the officer's physical or mental incapacity prevents the officer from filing the statement or requesting an extension before the filing deadline.  The clerk or secretary may not grant more than one extension to a person in one year except for good cause shown.
(f)  The clerk or secretary may not grant an extension to a candidate for a municipal office filled by election.
(g)  A person is considered to have timely filed a financial statement under this chapter if:
(1)  the statement is personally delivered not later than 5 p.m. of the last day for filing the statement; or
(2)  the clerk or secretary of the municipality with whom the statement is required to be filed has adopted rules and procedures to provide for the electronic filing of the statement and the statement is electronically filed in accordance with those rules and procedures not later than midnight of the last day for filing the statement.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 894 (H.B. 1035), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.005. Form of Statement

Sec. 145.005.  FORM OF STATEMENT.  (a)  The clerk or secretary of the municipality shall require that the form designed by the Texas Ethics Commission under Chapter 572, Government Code, be used for filing the financial statement.
(b)  The clerk or secretary shall deliver at least one copy of the form to each municipal officer or person who is appointed to a municipal office who is required to file under this chapter within the time prescribed by Section 572.030(c)(1), Government Code. The clerk or secretary shall deliver a copy of the form to each candidate for a municipal office filled by election who is required to file under this chapter not later than the 10th day before the deadline for filing the statement under Section 145.004(c). The clerk or secretary may choose one or more methods to deliver the form.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 223 (H.B. 1246), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.006. Duplicate or Supplemental Statements

Sec. 145.006.  DUPLICATE OR SUPPLEMENTAL STATEMENTS.  If a person has filed a financial statement under one provision of this chapter covering the preceding calendar year, the person is not required to file a financial statement required under another provision of this chapter covering that same year if, before the deadline for filing the statement under the other provision, the person notifies the clerk or secretary of the municipality in writing that the person has already filed a financial statement under this chapter covering that year.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.007. Public Access to Statements

Sec. 145.007.  PUBLIC ACCESS TO STATEMENTS.  (a)  Financial statements filed under this chapter are public records.  The clerk or secretary of the municipality shall maintain the statements in separate alphabetical files and in a manner that is accessible to the public during regular office hours.
(b)  Until the first anniversary of the date a financial statement is filed, each time a person, other than the clerk or secretary of the municipality or an employee of the clerk or secretary who is acting on official business, requests to see the financial statement, the clerk or secretary shall place in the file a statement of the person's name and address, whom the person represents, and the date of the request.  The clerk or secretary shall retain that statement in the file until the first anniversary of the date the requested financial statement is filed.
(c)  The clerk or secretary of the municipality may, and on notification from a former officer or candidate shall, destroy any financial statements filed by the officer or candidate after the second anniversary of the date the person ceases to be an officer or candidate, as applicable.
(d)  On the written request of a municipal court judge of the municipality or a candidate for municipal court judge, the clerk or secretary of the municipality shall remove or redact the residence address of the municipal court judge, municipal court judge's family member, or candidate for the office of municipal court judge, from a financial statement filed under this chapter before the financial statement is made available to a member of the public.
(e)  In this section, "family member" has the meaning assigned by Section 31.006, Finance Code.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 518 (S.B. 489), Sec. 3, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 383 (S.B. 1134), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.008. Notification to Prosecuting Attorney

Sec. 145.008.  NOTIFICATION TO PROSECUTING ATTORNEY.  The clerk or secretary of each municipality shall maintain a list of the municipal officers and candidates for municipal office required to file a financial statement under this chapter.  Not later than the 10th day after each applicable filing deadline, the municipal clerk shall provide to the municipal attorney a copy of the list showing for each municipal officer and candidate for municipal office:
(1)  whether the officer or candidate timely filed a financial statement as required by this chapter;
(2)  whether the officer or candidate timely requested and was granted an extension of time to file as provided for by Section 145.004 and the new due date for each such officer or candidate;  or
(3)  whether the officer or candidate did not timely file a financial statement or receive an extension of time.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.009. Criminal Penalty

Sec. 145.009.  CRIMINAL PENALTY.  (a)  A municipal officer or a candidate for a municipal office filled by election commits an offense if the officer or candidate knowingly fails to file a financial statement as required by this chapter.
(b)  An offense under this section is a Class B misdemeanor.
(c)  It is a defense to prosecution under this section that the officer or candidate did not receive copies of the financial statement form required to be delivered to the officer or candidate by this chapter.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 223 (H.B. 1246), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 145 - Financial Disclosure by and Standards of Conduct for Local Government Officers › Section 145.010. Civil Penalty

Sec. 145.010.  CIVIL PENALTY.  (a)  A person who determines that a person required to file a financial statement under this chapter has failed to do so may notify in writing the municipal attorney of the municipality.
(b)  On receipt of a written notice under Subsection (a), the municipal attorney shall determine from any available evidence whether the person to whom the notice relates has failed to file a statement.  On making that determination, the municipal attorney shall immediately mail by certified mail a notice of the determination to the person responsible for filing the statement.
(c)  If the person responsible for filing the statement fails to file the statement before the 30th day after the date the person receives the notice under Subsection (b), the person is civilly liable to the municipality for an amount not to exceed $1,000.
(d)  A penalty paid under this section shall be deposited to the credit of the general fund of the municipality.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 6.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.001. Applicability

Sec. 146.001.  APPLICABILITY.  (a)  This chapter applies only to a municipality with a population of 1.5 million or more.
(b)  This chapter does not apply to:
(1)  firefighters or police officers who are covered by Subchapter H, I, or J of Chapter 143 or by Chapter 174; or
(2)  an employee association in which those employees participate.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.002. Definitions

Sec. 146.002.  DEFINITIONS.  In this chapter:
(1)  "Covered employee" means an employee of a municipality, other than a department head or a firefighter or police officer who is covered by Subchapter H, I, or J of Chapter 143 or by Chapter 174.
(2)  "Employee association" means an organization in which municipal employees participate and that exists for the purpose, wholly or partly, of dealing with one or more employers, whether public or private, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work affecting public employees and whose members pay dues by means of an automatic payroll deduction.
(3)  "Public employer" means any municipality or agency, board, commission, or political subdivision controlled by a municipality that is required to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of public employees.  The term may include, under appropriate circumstances, a mayor, manager, administrator of a municipality, municipal governing body, director of personnel, personnel board, or one or more other officials regardless of the name by which they are designated.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.003. General Provisions Relating to Agreements and Recognition

Sec. 146.003.  GENERAL PROVISIONS RELATING TO AGREEMENTS AND RECOGNITION.  (a)  A municipality may not be denied local control over the wages, salaries, rates of pay, hours of work, other terms and conditions of employment, or other state-mandated personnel issues.  A public employer may enter into a mutual agreement governing these issues with an employee association recognized under this chapter as the sole and exclusive bargaining agent for all covered employees that does not advocate the illegal right to strike by municipal employees.  The applicable statutes, local ordinances, and civil service rules govern a term or condition of employment on which the public employer and the association do not agree.
(b)  An agreement under this chapter must be written.
(c)  This chapter does not require the public employer and the recognized employee association to meet and confer or reach an agreement on any issue.
(d)  This chapter does not authorize an agreement regarding pension or pension-related matters governed by Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes), or a successor statute.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 16.002, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.004. Petition for Recognition: Election or Action by Governing Body

Sec. 146.004.  PETITION FOR RECOGNITION:  ELECTION OR ACTION BY GOVERNING BODY.  (a)  Not later than the 30th day after the date the governing body of a municipality receives from an employee association a petition signed by the majority of all covered employees that requests recognition of the association as the sole and exclusive bargaining agent for all the covered employees, the governing body shall:
(1)  grant recognition of the association as requested in the petition and find that a public employer may meet and confer under this chapter without conducting an election by the voters in the municipality under Section 146.006;
(2)  defer granting recognition of the association and order an election by the voters in the municipality under Section 146.006 regarding whether a public employer may meet and confer under this chapter; or
(3)  order a certification election under Section 146.005 to determine whether the association represents a majority of the covered employees.
(b)  If the governing body of a municipality orders a certification election under Subsection (a)(3) and the association named in the petition is certified to represent a majority of the covered employees, the governing body shall, not later than the 30th day after the date that results of that election are certified:
(1)  grant recognition of the association as requested in the petition for recognition and find that a public employer may meet and confer under this chapter without conducting an election by the voters in the municipality under Section 146.006; or
(2)  defer granting recognition of the association and order an election by the voters in the municipality under Section 146.006 regarding whether a public employer may meet and confer under this chapter.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.005. Certification Election

Sec. 146.005.  CERTIFICATION ELECTION.  (a)  Except as provided by Subsection (b), a certification election ordered under Section 146.004(a)(3) to determine whether an employee association represents a majority of the covered employees shall be conducted according to procedures agreeable to the parties.
(b)  If the parties are unable to agree on procedures for the certification election, either party may request the American Arbitration Association to conduct the election and to certify the results of the election.
(c)  Certification of the results of an election under this section resolves the question concerning representation.
(d)  The association is liable for the expenses of the certification election, except that if two or more associations seeking recognition as the sole and exclusive bargaining agent submit a petition signed by at least 30 percent of the employees eligible to sign the petition for recognition, all the associations named in any petition shall share equally the costs of the election.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.006. Election to Authorize Operating Under This Chapter

Sec. 146.006.  ELECTION TO AUTHORIZE OPERATING UNDER THIS CHAPTER.  (a)  The governing body of a municipality that receives a petition for recognition under Section 146.004 may order an election to determine whether a public employer may meet and confer under this chapter.
(b)  An election ordered under this section must be held as part of the next regularly scheduled general election for municipal officials that is held after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law.
(c)  The ballot for an election ordered under this section shall be printed to permit voting for or against the proposition:  "Authorizing __________ (name of the municipality) to operate under the state law allowing a municipality to meet and confer and make agreements with the association representing municipal employees as provided by state law, preserving the prohibition against strikes and organized work stoppages, and providing penalties for strikes and organized work stoppages."
(d)  An election called under this section must be held and the returns prepared and canvassed in conformity with the Election Code.
(e)  If an election authorized under this section is held, the municipality may operate under the other provisions of this chapter only if a majority of the votes cast at the election favor the proposition.
(f)  If an election authorized under this section is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 146.004 before the second anniversary of the date of the election.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.007. Change or Modification of Recognition

Sec. 146.007.  CHANGE OR MODIFICATION OF RECOGNITION.  (a)  The municipal employees may modify or change the recognition of the employee association granted under this chapter by filing with the governing body of the municipality a petition signed by a majority of all covered employees.
(b)  The governing body of the municipality may:
(1)  recognize the change or modification as provided by the petition; or
(2)  order a certification election in accordance with Section 146.005 regarding whether to do so.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.008. Strikes Prohibited

Sec. 146.008.  STRIKES PROHIBITED.  (a)  A municipal employee may not engage in a strike or organized work stoppage against this state or the municipality.
(b)  A municipal employee who participates in a strike forfeits any civil service rights, reemployment rights, and other rights, benefits, or privileges the employee may have as a result of the employee's employment or prior employment with the municipality.
(c)  This section does not affect the right of a person to cease work if the person is not acting in concert with others in an organized work stoppage.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.009. Recognition of Employee Association

Sec. 146.009.  RECOGNITION OF EMPLOYEE ASSOCIATION.  (a)  A public employer in a municipality that chooses to meet and confer under this chapter shall recognize an association that is recognized under Section 146.004 or 146.005 as the sole and exclusive bargaining agent for the covered employees.
(b)  The public employer shall recognize the employee association until recognition of the association is withdrawn, in accordance with Section 146.007, by a majority of the municipal employees eligible to sign a petition for recognition.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.010. Selection of Bargaining Agent; Bargaining Unit

Sec. 146.010.  SELECTION OF BARGAINING AGENT; BARGAINING UNIT.  (a)  The public employer's chief executive officer or the chief executive officer's designee shall select one or more persons to represent the public employer as its sole and exclusive bargaining agent to meet and confer on issues related to the wages, hours of employment, and other terms and conditions of employment of municipal employees.
(b)  An employee association may designate one or more persons to negotiate or bargain on the association's behalf.
(c)  A municipality's bargaining unit is composed of all the covered employees.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.011. Protected Rights of Employees

Sec. 146.011.  PROTECTED RIGHTS OF EMPLOYEES.  A meet and confer agreement ratified under this chapter may not interfere with the right of a member of a bargaining unit to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission or to pursue affirmative action litigation.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.012. Open Records

Sec. 146.012.  OPEN RECORDS.  (a)  A proposed meet and confer agreement and a document prepared and used by the municipality, including a public employer, in connection with the proposed agreement are available to the public under Chapter 552, Government Code, only after the agreement is ready to be ratified by the governing body of the municipality.
(b)  This section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used in connection with the agreement.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.013. Open Deliberations

Sec. 146.013.  OPEN DELIBERATIONS.  (a)  Deliberations relating to a meet and confer agreement or proposed agreement under this chapter between representatives of the public employer and representatives of the employee association recognized under this chapter as the sole and exclusive bargaining agent for the covered employees must be open to the public and comply with state law.
(b)  Subsection (a) may not be construed to prohibit the representatives of the public employer or the representatives of the recognized employee association from conducting private caucuses that are not open to the public during meet and confer negotiations.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.014. Ratification and Enforceability of Agreement

Sec. 146.014.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.  (a)  An agreement under this chapter is enforceable and binding on the public employer, the recognized employee association, and the employees covered by the meet and confer agreement only if:
(1)  the governing body of the municipality ratified the agreement by a majority vote; and
(2)  the recognized employee association ratified the agreement by conducting a secret ballot election at which the majority of the covered employees who are members of the association favored ratifying the agreement.
(b)  A meet and confer agreement ratified as described by Subsection (a) may establish a procedure by which the parties agree to resolve disputes related to a right, duty, or obligation provided by the agreement, including binding arbitration on a question involving interpretation of the agreement.
(c)  A state district court of a judicial district in which the municipality is located has jurisdiction to hear and resolve a dispute under the ratified meet and confer agreement on the application of a party to the agreement aggrieved by an action or omission of the other party when the action or omission is related to a right, duty, or obligation provided by the agreement.  The court may issue proper restraining orders, temporary and permanent injunctions, or any other writ, order, or process, including contempt orders, that are appropriate to enforcing the agreement.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.015. Action or Election to Repeal Authorization to Operate Under This Chapter

Sec. 146.015.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS CHAPTER.  (a)  The governing body of a municipality that granted recognition of an employee association under Section 146.004 without conducting an election under Section 146.006 may withdraw recognition of the association by providing to the association not less than 90 days' written notice that:
(1)  the governing body is withdrawing recognition of the association; and
(2)  any agreement between the governing body and the association will not be renewed.
(b)  The governing body of a municipality that granted recognition of an employee association after conducting an election under Section 146.006 may order an election to determine whether a public employer may continue to meet and confer under this chapter.  The governing body may not order an election under this subsection until the second anniversary of the date of the election under Section 146.006.
(c)  An election ordered under Subsection (b) must be held  as part of the next regularly scheduled general election for municipal officers that occurs after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law.
(d)  The ballot for an election ordered under Subsection (b) shall be printed to allow voting for or against the proposition:  "Authorizing __________ (name of the municipality) to continue to operate under the state law allowing a municipality to meet and confer and make agreements with the association representing municipal employees as provided by state law, preserving the prohibition against strikes and organized work stoppages, and providing penalties for strikes and organized work stoppages."
(e)  An election ordered under Subsection (b) must be held and the returns prepared and canvassed in conformity with the Election Code.
(f)  If an election ordered under Subsection (b) is held, the municipality may continue to operate under this chapter only if a majority of the votes cast at the election favor the proposition.
(g)  If an election ordered under Subsection (b) is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 146.004 before the second anniversary of the date of the election.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.