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 B. Classification and Appointment › Section 143.037. Record of Certification and Appointment

Sec. 143.037.  RECORD OF CERTIFICATION AND APPOINTMENT.  (a)  When a person is certified and appointed to a position in the fire or police department, the director shall forward the appointed person's record to the proper department head.  The director shall also forward a copy of the record to the chief executive and shall retain a copy in the civil service files.
(b)  The record must contain:
(1)  the date notice of examination for the position was posted;
(2)  the date on which the appointed person took the examination;
(3)  the name of each person who conducted the examination;
(4)  the relative position of the appointed person on the eligibility list;
(5)  the date the appointed person took the physical examination, the name of the examining physician, and whether the person was accepted or rejected;
(6)  the date the request to fill the vacancy was made;
(7)  the date the appointed person was notified to report for duty;  and
(8)  the date the appointed person's pay is to start.
(c)  If the director intentionally fails to comply with this section, the commission shall immediately remove the director from office.
(d)  The director's failure to comply with this section does not affect the civil service status of an employee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 B. Classification and Appointment › Section 143.038. Temporary Duties in Higher Classification

Sec. 143.038.  TEMPORARY DUTIES IN HIGHER CLASSIFICATION.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  The department head may designate a person from the next lower classification to temporarily fill a position in a higher classification.  The designated person is entitled to the base salary of the higher position plus the person's own longevity or seniority pay, educational incentive pay, and certification pay during the time the person performs the duties.
(c)  The temporary performance of the duties of a higher position by a person who has not been promoted as prescribed by this chapter may not be construed as a promotion.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 C. Compensation › Section 143.041. Salary

Sec. 143.041.  SALARY.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  Except as provided by Section 143.038, all fire fighters or police officers in the same classification are entitled to the same base salary.
(c)  In addition to the base salary, each fire fighter or police officer is entitled to each of the following types of pay, if applicable:
(1)  longevity or seniority pay;
(2)  educational incentive pay as authorized by Section 143.044;
(3)  assignment pay as authorized by Sections 143.042 and 143.043;
(4)  certification pay as authorized by Section 143.044;
(5)  shift differential pay as authorized by Section 143.047; and
(6)  fitness incentive pay as authorized by Section 143.044.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1172, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 552 (H.B. 1213), Sec. 1, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter C. Compensation › Section 143.042. Assignment Pay

Sec. 143.042.  ASSIGNMENT PAY.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  The governing body of a municipality may authorize assignment pay for fire fighters and police officers who perform specialized functions in their respective departments.
(c)  The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department.
(d)  If the ordinance applies equally to each person who meets the criteria established by the ordinance, the ordinance may provide for payment to each fire fighter and police officer who meets training or education criteria for an assignment or the ordinance may set criteria that provide for payment only to a fire fighter or police officer in a special assignment.
(e)  The head of the fire or police department is not eligible for the assignment pay authorized by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 C. Compensation › Section 143.043. Field Training Officer Assignment Pay

Sec. 143.043.  FIELD TRAINING OFFICER ASSIGNMENT PAY.  (a)  In this section, "field training officer" means a member of the police department who is assigned to and performs the duties and responsibilities of the field training officers program.
(b)  The governing body of a municipality may authorize assignment pay for field training officers.  The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the police department.
(c)  The department head is not eligible for the assignment pay authorized by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 C. Compensation › Section 143.044. Certification, Educational Incentive, and Fitness Incentive Pay

Sec. 143.044.  CERTIFICATION, EDUCATIONAL INCENTIVE, AND FITNESS INCENTIVE PAY.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  If each fire fighter or police officer in a municipality is afforded an opportunity to qualify for certification, the municipality's governing body may authorize certification pay to those fire fighters who meet the requirements for certification set by the Texas Commission on Fire Protection or for those police officers who meet the requirements for certification set by the Texas Commission on Law Enforcement.
(c)  If the criteria for educational incentive pay are clearly established, are in writing, and are applied equally to each fire fighter or police officer in a municipality who meets the criteria, the municipality's governing body may authorize educational incentive pay for each fire fighter or police officer who has successfully completed courses at an accredited college or university.
(d)  If the criteria for fitness incentive pay are clearly established, are in writing, and are applied equally to each fire fighter or police officer in a municipality who meets the criteria, the municipality's governing body may authorize fitness incentive pay for each fire fighter or police officer who successfully meets the criteria.
(e)  The certification pay, educational incentive pay, and fitness incentive pay are in addition to a fire fighter's or police officer's regular pay.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 552 (H.B. 1213), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 552 (H.B. 1213), Sec. 3, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.51, eff. May 18, 2013.
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 C. Compensation › Section 143.046. Vacations

Sec. 143.046.  VACATIONS.  (a)  Each fire fighter or police officer is entitled to earn a minimum of 15 working days' vacation leave with pay in each year.
(b)  In computing the length of time a fire fighter or police officer may be absent from work on vacation leave, only those calendar days during which the person would be required to work if not on vacation may be counted as vacation days.
(c)  Unless approved by the municipality's governing body, a fire fighter or police officer may not accumulate vacation leave from year to year.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 C. Compensation › Section 143.047. Shift Differential Pay

Sec. 143.047.  SHIFT DIFFERENTIAL PAY.  (a)  The governing body of a municipality may authorize shift differential pay for fire fighters and police officers who work a shift in which more than 50 percent of the time worked is after 6 p.m. and before 6 a.m.
(b)  The shift differential pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department.
Added by Acts 1989, 71st Leg., ch. 1172, Sec. 3, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter D. Disciplinary Actions › Section 143.051. Cause for Removal or Suspension

Sec. 143.051.  CAUSE FOR REMOVAL OR SUSPENSION.  A commission rule prescribing cause for removal or suspension of a fire fighter or police officer is not valid unless it involves one or more of the following grounds:
(1)  conviction of a felony or other crime involving moral turpitude;
(2)  violations of a municipal charter provision;
(3)  acts of incompetency;
(4)  neglect of duty;
(5)  discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty;
(6)  acts showing lack of good moral character;
(7)  drinking intoxicants while on duty or intoxication while off duty;
(8)  conduct prejudicial to good order;
(9)  refusal or neglect to pay just debts;
(10)  absence without leave;
(11)  shirking duty or cowardice at fires, if applicable;  or
(12)  violation of an applicable fire or police department rule or special order.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 D. Disciplinary Actions › Section 143.053. Appeal of Disciplinary Suspension

Sec. 143.053.  APPEAL OF DISCIPLINARY SUSPENSION.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  If a suspended fire fighter or police officer appeals the suspension to the commission, the commission shall hold a hearing and render a decision in writing within 30 days after the date it receives notice of appeal.  The suspended person and the commission may agree to postpone the hearing for a definite period.
(c)  In a hearing conducted under this section, the department head is restricted to the department head's original written statement and charges, which may not be amended.
(d)  The commission may deliberate the decision in closed session but may not consider evidence that was not presented at the hearing.  The commission shall vote in open session.
(e)  In its decision, the commission shall state whether the suspended fire fighter or police officer is:
(1)  permanently dismissed from the fire or police department;
(2)  temporarily suspended from the department;  or
(3)  restored to the person's former position or status in the department's classified service.
(f)  If the commission finds that the period of disciplinary suspension should be reduced, the commission may order a reduction in the period of suspension.  If the suspended fire fighter or police officer is restored to the position or class of service from which the person was suspended, the fire fighter or police officer is entitled to:
(1)  full compensation for the actual time lost as a result of the suspension at the rate of pay provided for the position or class of service from which the person was suspended;  and
(2)  restoration of or credit for any other benefits lost as a result of the suspension, including sick leave, vacation leave, and service credit in a retirement system.  Standard payroll deductions, if any, for retirement and other benefits restored shall be made from the compensation paid, and the municipality shall make its standard corresponding contributions, if any, to the retirement system or other applicable benefit systems.
(g)  The commission may suspend or dismiss a fire fighter or police officer only for violation of civil service rules and only after a finding by the commission of the truth of specific charges against the fire fighter or police officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 740, Sec. 1, eff. Sept. 1, 1999.
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 D. Disciplinary Actions › Section 143.054. Demotions

Sec. 143.054.  DEMOTIONS.  (a)  If the head of the fire or police department wants a fire fighter or police officer under his supervision or jurisdiction to be involuntarily demoted, the department head may recommend in writing to the commission that the commission demote the fire fighter or police officer.
(b)  The department head must include in the recommendation for demotion the reasons the department head recommends the demotion and a request that the commission order the demotion.  The department head must immediately furnish a copy of the recommendation in person to the affected fire fighter or police officer.
(c)  The commission may refuse to grant the request for demotion.  If the commission believes that probable cause exists for ordering the demotion, the commission shall give the fire fighter or police officer written notice to appear before the commission for a public hearing at a time and place specified in the notice.  The commission shall give the notice before the 10th day before the date the hearing will be held.
(d)  The fire fighter or police officer is entitled to a full and complete public hearing, and the commission may not demote a fire fighter or police officer without that public hearing.
(e)  A voluntary demotion in which the fire fighter or police officer has accepted the terms of the demotion in writing is not subject to this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 D. Disciplinary Actions › Section 143.055. Uncompensated Duty of Police Officers

Sec. 143.055.  UNCOMPENSATED DUTY OF POLICE OFFICERS.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  In this section, "uncompensated duty" means days of police work without pay that are in addition to regular or normal work days.
(c)  The head of the police department may assign a police officer under his jurisdiction or supervision to uncompensated duty.  The department head may not impose uncompensated duty unless the police officer agrees to accept the duty.  If the police officer agrees to accept uncompensated duty, the department head shall give the person a written statement that specifies the date or dates on which the person will perform uncompensated duty.
(d)  Uncompensated duty may be in place of or in combination with a period of disciplinary suspension without pay.  If uncompensated duty is combined with a disciplinary suspension, the total number of uncompensated days may not exceed 15.
(e)  A police officer may not earn or accrue any wage, salary, or benefit arising from length of service while the person is suspended or performing uncompensated duty.  The days on which a police officer performs assigned uncompensated duty may not be taken into consideration in determining eligibility for a promotional examination.  A disciplinary suspension does not constitute a break in a continuous position or in service in the department in determining eligibility for a promotional examination.
(f)  Except as provided by this section, a police officer who performs assigned uncompensated duty retains all rights and privileges of the person's position in the police department and of the person's employment by the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Leaves › Section 143.071. Leaves of Absence; Restriction Prohibited

Sec. 143.071.  LEAVES OF ABSENCE;  RESTRICTION PROHIBITED.  (a)  If a sufficient number of fire fighters or police officers are available to carry out the normal functions of the fire or police department, a fire fighter or police officer may not be refused a reasonable leave of absence without pay to attend a fire or police school, convention, or meeting if the purpose of the school, convention, or meeting is to secure a more efficient department and better working conditions for department personnel.
(b)  A rule that affects a fire fighter's or police officer's constitutional right to appear before or to petition the legislature may not be adopted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 E. Leaves › Section 143.073. Line of Duty Illness or Injury Leave of Absence

Sec. 143.073.  LINE OF DUTY ILLNESS OR INJURY LEAVE OF ABSENCE.  (a)  A municipality shall provide to a fire fighter or police officer a leave of absence for an illness or injury related to the person's line of duty.  The leave is with full pay for a period commensurate with the nature of the line of duty illness or injury.  If necessary, the leave shall continue for at least one year.
(b)  At the end of the one-year period, the municipality's governing body may extend the line of duty illness or injury leave at full or reduced pay.  If the fire fighter's or police officer's leave 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 may retire on pension until able to return to duty.
(c)  If pension benefits are not available to a fire fighter or police officer who is temporarily disabled by a line of duty injury or illness and if the year at full pay and any extensions granted by the governing body have expired, the fire fighter or police officer may use accumulated sick leave, vacation time, and other accrued benefits before the person is placed on temporary leave.
(d)  If a fire fighter or police officer is temporarily disabled by an injury or illness that is not related to the person's line of duty, the person may:
(1)  use all sick leave, vacation time, and other accumulated time before the person is placed on temporary leave; or
(2)  have another fire fighter or police officer volunteer to do the person's work while the person is temporarily disabled by the injury or illness.
(e)  After recovery from a temporary disability, a fire fighter or police officer shall be reinstated at the same rank and with the same seniority the person had before going on temporary leave.  Another fire fighter or police officer may voluntarily do the work of an injured fire fighter or police officer until the person returns to duty.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 683, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 399 (H.B. 1790), 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter E. Leaves › Section 143.074. Reappointment After Recovery From Disability

Sec. 143.074.  REAPPOINTMENT AFTER RECOVERY FROM DISABILITY.  With the commission's approval and if otherwise qualified, a fire fighter or police officer who has been certified by a physician selected by a pension fund as having recovered from a disability for which the person has been receiving a monthly disability pension is eligible for reappointment to the classified position that the person held on the date the person qualified for the monthly disability pension.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 683, Sec. 2, 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 E. Leaves › Section 143.075. Military Leave Time Accounts

Sec. 143.075.  MILITARY LEAVE TIME ACCOUNTS.  (a)  A municipality shall maintain military leave time accounts for the fire and police departments and must maintain a separate military leave time account for each department.
(b)  A military leave time account shall benefit a fire fighter or police officer who:
(1)  is a member of the Texas National Guard or the armed forces reserves of the United States;
(2)  was called to active federal military duty while serving as a fire fighter or police officer for the municipality; and
(3)  has served on active duty for a period of 3 continuous months or longer.
(c)  A fire fighter or police officer may donate any amount of accumulated vacation, holiday, sick, or compensatory leave time to the military leave time account in that fire fighter's or police officer's department to help provide salary continuation for fire fighters or police officers who qualify as eligible beneficiaries of the account under Subsection (b).  A fire fighter or police officer who wishes to donate time to an account under this section must authorize the donation in writing on a form provided by the fire or police department and approved by the municipality.
(d)  A municipality shall equally distribute the leave time donated to a military leave time account among all fire fighters or police officers who are eligible beneficiaries of that account.  The municipality shall credit and debit the applicable military leave time account on an hourly basis regardless of the cash value of the time donated or used.
Added by Acts 2003, 78th Leg., ch. 287, Sec. 2, eff. June 18, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1041 (H.B. 2924), Sec. 1, eff. June 14, 2013.
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 F. Miscellaneous Provisions › Section 143.081. Determination of Physical and Mental Fitness

Sec. 143.081.  DETERMINATION OF PHYSICAL AND MENTAL FITNESS.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  If a question arises as to whether a fire fighter or police officer is sufficiently physically or mentally fit to continue the person's duties, the fire fighter or police officer shall submit to the commission a report from the person's personal physician, psychiatrist, or psychologist, as appropriate.
(c)  If the commission, the department head, or the fire fighter or police officer questions the report, the commission shall appoint a physician, psychiatrist, or psychologist, as appropriate, to examine the fire fighter or police officer and to submit a report to the commission, the department head, and the person.
(d)  If the report of the appointed physician, psychiatrist, or psychologist, as appropriate, disagrees with the report of the fire fighter's or police officer's personal physician, psychiatrist, or psychologist, as appropriate, the commission shall appoint a three-member board composed of a physician, a psychiatrist, and a psychologist, or any combination, as appropriate, to examine the fire fighter or police officer.  The board's findings as to the person's fitness for duty shall determine the issue.
(e)  The fire fighter or police officer shall pay the cost of the services of the person's personal physician, psychiatrist, or psychologist, as appropriate.  The municipality shall pay all other costs.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(h), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 890, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter F. Miscellaneous Provisions › Section 143.082. Efficiency Reports

Sec. 143.082.  EFFICIENCY REPORTS.  (a)  The commission may develop proper procedures and rules for semiannual efficiency reports and grades for each fire fighter or police officer.
(b)  If the commission collects efficiency reports on fire fighters or police officers, the commission shall provide each person with a copy of that person's report.
(c)  Within 10 calendar days after the date a fire fighter or police officer receives the copy of the person's efficiency report, the person may make a statement in writing concerning the efficiency report.  The statement shall be placed in the person's personnel file with the efficiency report.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(i), 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter F. Miscellaneous Provisions › Section 143.083. Emergency Appointment of Temporary Fire Fighters

Sec. 143.083.  EMERGENCY APPOINTMENT OF TEMPORARY FIRE FIGHTERS.  (a)  If a municipality is unable to recruit qualified fire fighters because of the maximum age limit prescribed by Section 143.023 and the municipality's governing body finds that this inability creates an emergency, the commission shall recommend to the governing body additional rules governing the temporary employment of persons who are 36 years of age or older.
(b)  A person employed under this section:
(1)  is designated as a temporary employee;
(2)  is not eligible for pension benefits;
(3)  is not eligible for appointment or promotion if a permanent applicant or employee is available;
(4)  is not eligible to become a full-fledged civil service employee;  and
(5)  must be dismissed before a permanent civil service employee may be dismissed under Section 143.085.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 418 (H.B. 1661), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 418 (H.B. 1661), Sec. 3, eff. September 1, 2023.
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 F. Miscellaneous Provisions › Section 143.084. Civil Service Status and Pension Benefits for Certain Fire Fighters

Sec. 143.084.  CIVIL SERVICE STATUS AND PENSION BENEFITS FOR CERTAIN FIRE FIGHTERS.  (a)  Each fire fighter who, since December 31, 1969, has been continuously employed as a temporary employee under the provision codified as Section 143.083 has the full status of a civil service employee with all the rights and privileges granted by Section 143.005.
(b)  A fire fighter covered by Subsection (a) is eligible to participate in earned pension benefits.  The person may buy back service credits in the pension fund in which the permanent fire fighters in the department have participated since that person's employment.  The credits may be bought at a rate determined by the actuary of the affected pension fund.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 418 (H.B. 1661), Sec. 4, eff. September 1, 2023.
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 F. Miscellaneous Provisions › Section 143.085. Force Reduction and Reinstatement List

Sec. 143.085.  FORCE REDUCTION AND REINSTATEMENT LIST.  (a)  If a municipality's governing body adopts an ordinance that vacates or abolishes a fire or police department position, the fire fighter or police officer who holds that position shall be demoted to the position immediately below the vacated or abolished position.  If one or more positions of equal rank are vacated or abolished, the fire fighters or police officers who have the least seniority in a position shall be demoted to the position immediately below the vacated or abolished position.  If a fire fighter or police officer is demoted under this subsection without charges being filed against the person for violation of civil service rules, the fire fighter or police officer shall be placed on a position reinstatement list in order of seniority.  If the vacated or abolished position is filled or re-created within one year after the date it was vacated or abolished, the position must be filled from the reinstatement list.  Appointments from the reinstatement list shall be made in order of seniority.  A person who is not on the list may not be appointed to the position during the one-year period until the reinstatement list is exhausted.
(b)  If a position in the lowest classification is abolished or vacated and a fire fighter or police officer must be dismissed from the department, the fire fighter or police officer with the least seniority shall be dismissed.  If a fire fighter or police officer is dismissed under this subsection without charges being filed against the person for violation of civil service rules, the fire fighter or police officer shall be placed on a reinstatement list in order of seniority.  Appointments from the reinstatement list shall be made in order of seniority.  Until the reinstatement list is exhausted, a person may not be appointed from an eligibility list.  When a person has been on a reinstatement list for three years, the person shall be dropped from the list but shall be restored to the list at the request of the commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 F. Miscellaneous Provisions › Section 143.086. Political Activities

Sec. 143.086.  POLITICAL ACTIVITIES.  (a)  While in uniform or on active duty, a fire fighter or police officer may not take an active part in another person's political campaign for an elective position of the municipality.
(b)  For the purposes of this section, a person takes an active part in a political campaign if the person:
(1)  makes a political speech;
(2)  distributes a card or other political literature;
(3)  writes a letter;
(4)  signs a petition;
(5)  actively and openly solicits votes;  or
(6)  makes public derogatory remarks about a candidate for an elective position of the municipality.
(c)  A fire fighter or police officer may not be required to contribute to a political fund or to render a political service to a person or party.  A fire fighter or police officer may not be removed, reduced in classification or salary, or otherwise prejudiced for refusing to contribute to a political fund or to render a political service.
(d)  A municipal official who attempts to violate Subsection (c) violates this chapter.
(e)  Except as expressly provided by this section, the commission or the municipality's governing body may not restrict a fire fighter's or police officer's right to engage in a political activity.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 F. Miscellaneous Provisions › Section 143.087. Strike Prohibition

Sec. 143.087.  STRIKE PROHIBITION.  (a)  A fire fighter or police officer may not engage in a strike against the governmental agency that employs the fire fighter or police officer.
(b)  In addition to the penalty prescribed by Section 143.016, if a fire fighter or police officer is convicted of an offense for violating this section, the person shall be automatically released and discharged from the fire or police department.  After the person is discharged from the department, the person may not receive any pay or compensation from public funds used to support the fire or police department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 F. Miscellaneous Provisions › Section 143.088. Unlawful Resignation or Retirement

Sec. 143.088.  UNLAWFUL RESIGNATION OR RETIREMENT.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  A person commits an offense if the person accepts money or anything of value from another person in return for retiring or resigning from the person's civil service position.
(c)  A person commits an offense if the person gives money or anything of value to another person in return for the other person's retirement or resignation from the person's civil service position.
(d)  An offense under this section is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 F. Miscellaneous Provisions › Section 143.090. Release of Photographs of Police Officers

Sec. 143.090.  RELEASE OF PHOTOGRAPHS OF POLICE OFFICERS.  A department, commission, or municipality may not release a photograph that depicts a police officer unless:
(1)  the officer has been charged with an offense by indictment or by information;
(2)  the officer is a party in a civil service hearing or a case before a hearing examiner or in arbitration;
(3)  the photograph is introduced as evidence in a judicial proceeding; or
(4)  the officer gives written consent to the release of the photograph.
Added by Acts 2011, 82nd Leg., R.S., Ch. 300 (H.B. 2006), Sec. 1, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.101. Subchapter Applicable Primarily to Municipality With Population of 1

Sec. 143.101.  SUBCHAPTER APPLICABLE PRIMARILY TO MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE;  APPLICATION OF OTHER SUBCHAPTERS.  (a)  Except as otherwise provided, this subchapter applies only to a municipality with a population of 1.5 million or more.
(b)  Except as otherwise provided, the provisions of Subchapters A-F apply to each municipality covered under this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.1014. Notice Requirement for Certain Meetings or Hearings

Sec. 143.1014.  NOTICE REQUIREMENT FOR CERTAIN MEETINGS OR HEARINGS.  (a)  The department shall provide to a fire fighter or police officer notice of the time and location of a meeting or hearing not later than the 48th hour before the hour on which the meeting or hearing is held if the meeting or hearing is:
(1)  related to an internal departmental or other municipal investigation of the fire fighter or police officer at which the fire fighter or police officer is required or entitled to be present, including an interrogation;
(2)  related to a grievance filed by the fire fighter or police officer under Sections 143.127 through 143.134;  or
(3)  an opportunity to respond to charges against the fire fighter or police officer before the department terminates the fire fighter's or police officer's employment.
(b)  A fire fighter or police officer may waive the notice prescribed by this section.
Added by Acts 1989, 71st Leg., ch. 140, Sec. 1, eff. May 25, 1989.  Renumbered from 143.1016 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(19), eff. Sept. 6, 1990.
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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.1018. Ex Parte Communications

Sec. 143.1018.  EX PARTE COMMUNICATIONS.  (a)  While any matter subject to a hearing under this chapter is pending, a person may not, except in giving sworn testimony at the hearing or as otherwise provided by law, communicate with the commission, a hearing examiner, or a grievance examiner regarding the facts of the matter under consideration unless the other party or their representative is present.  Notwithstanding the provisions of this subsection, it shall not be a violation for either party to file written briefs or written motions in the case if copies were served on the opposing party.
(b)  If the commission, hearing examiner, grievance examiner, or a court of competent jurisdiction determines that a person has violated Subsection (a) on behalf of and with the knowledge of the fire fighter or police officer who filed the appeal, request for a review, or grievance, a ruling shall be entered that dismisses the appeal, review, or grievance.  If the commission, hearing examiner, grievance examiner, or a court of competent jurisdiction determines that a person violated Subsection (a) on behalf of or in favor of the department head or the department head's representative or on behalf of and with the knowledge of a person against whom a grievance was filed, a ruling shall be entered that upholds the position of the fire fighter or police officer that filed the appeal, request for a review, or grievance.
(c)  While any matter subject to a hearing under the grievance procedure of Section 143.130 is pending, the director shall only send the name of the parties to the grievance, the original grievance, the written responses to the grievance, and any documents filed in the case by either party if copies were served upon the opposing party.
Added by Acts 1989, 71st Leg., ch. 906, Sec. 2, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.103. Specialized Police Divisions

Sec. 143.103.  SPECIALIZED POLICE DIVISIONS.  (a)  A peace officer employed by a municipal department in which the peace officer performs duties in a specialized police division, including a person employed as a park police officer, airport police officer, or municipal marshal, is entitled to civil service status under this chapter.  The governing body of the municipality employing a peace officer in a specialized police division shall classify the officer in accordance with Section 143.021 and the duties performed by the peace officer.
(b)  Except for positions classified in the communication or technical class, the governing body of the municipality employing a peace officer in a specialized police division shall classify a position in the division in the same class as a police officer position that is not in a specialized police division. A member of a particular division is eligible for promotion or lateral crossover to a position outside that division. The head of the police department, assistant chiefs of police, and deputy chiefs of police, or their equivalent, regardless of name or title, may exercise the full sanctions, powers, and duties of their respective offices in the supervision, management, and control of the members of those classes and divisions, subject to the decisions of the department head regarding the chain of command in the department.
(c)  In departments in which a collective bargaining agreement or a meet-and-confer agreement exists, Subsection (b) must be approved by the collective bargaining agent, meet-and-confer agent, or entity representing the sworn officers of the department.  This subsection does not apply to the transfer of police officers.
(d)  Each applicable 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 a peace officer employed by the municipality in a specialized police division as provided by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1195, Sec. 1, eff. Sept. 1, 1997.
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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.104. Examination Procedure

Sec. 143.104.  EXAMINATION PROCEDURE.  The commission shall adopt rules to standardize the procedures for entrance and promotional examinations.  The rules must provide:
(1)  that each applicant have adequate space in which to take the examination;
(2)  that each applicant be provided with a desk;
(3)  that the room in which the examination is held have a public address system;  and
(4)  the maximum number of times an applicant may leave the room during the examination and the procedure each applicant must follow when leaving or entering the room during the examination.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.105. Eligibility for Beginning Position in Police Department

Sec. 143.105.  ELIGIBILITY FOR BEGINNING POSITION IN POLICE DEPARTMENT.  In addition to meeting the eligibility requirements prescribed by Section 143.023, to be certified as eligible for a beginning position with a police department, a person must be at least 21 years of age at the end of the probationary period and have:
(1)  served in the United States armed forces and received an honorable discharge;
(2)  earned at least 60 hours' credit in any area of study at an accredited college or university, of which not more than 12 hours' credit may be earned for training at the police officer training academy operated or sponsored by the municipality; or
(3)  been employed full-time for at least five years as a peace officer licensed by:
(A)  the Texas Commission on Law Enforcement; or
(B)  an acceptable licensing entity in another state that has law enforcement officer licensing requirements substantially equivalent to those of Chapter 1701, Occupations Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 84 (S.B. 342), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 611 (H.B. 780), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.52, eff. May 18, 2013.
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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.1051. Eligibility for Beginning Position in Fire Department

Sec. 143.1051.  ELIGIBILITY FOR BEGINNING POSITION IN FIRE DEPARTMENT.  In addition to meeting the eligibility requirements prescribed by Section 143.023, to be certified as eligible for a beginning position with a fire department a person must:
(1)  have served in the United States Armed Forces and received an honorable discharge;  or
(2)  have earned at least 15 hours of credit in any area of study at an accredited college or university.
Added by Acts 1991, 72nd Leg., ch. 841, Sec. 1, eff. Sept. 1, 1991.