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 146 - Local Control of Municipal Employment Matters in Certain Municipalities › Section 146.016. Election to Repeal Agreement

Sec. 146.016.  ELECTION TO REPEAL AGREEMENT.  (a)  Not later than the 45th day after the date a meet and confer agreement is ratified by the governing body of the municipality and the recognized employee association, a petition calling for the repeal of the agreement signed by at least 10 percent of the qualified voters residing in the municipality may be presented to the person charged with ordering an election under Section 3.004, Election Code.
(b)  If a petition is presented under Subsection (a), the governing body of the municipality shall:
(1)  repeal the meet and confer agreement; or
(2)  certify that it is not repealing the agreement and call an election to determine whether to repeal the agreement.
(c)  An election called under Subsection (b)(2) may be held as part of the next regularly scheduled general election for the municipality or a special election called by the governing body for that purpose.  The ballot shall be printed to provide for voting for or against the proposition:  "Repeal the meet and confer agreement ratified on _____ (date agreement was ratified) by the __________ (name of the governing body of the municipality) and the _____ (recognized municipal employee association) concerning wages, salaries, rates of pay, hours of work, and other terms of employment."
(d)  If a majority of the votes cast at the election favor the repeal of the agreement, the agreement is void.
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 146.017. Agreement Supersedes Conflicting Provisions

Sec. 146.017.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  A written meet and confer agreement ratified under this chapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by this state or a political subdivision or agent of this state, including a personnel board, civil service commission, or home-rule municipality, other than a statute, ordinance, executive order, civil service provision, or rule regarding pensions or pension-related matters.
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 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.001. Applicability

Sec. 147.001.  APPLICABILITY.  This chapter applies only to a municipality with a population of one million or more, but does not apply to a municipality that has adopted Chapter 143 or 174.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.002. Definitions

Sec. 147.002.  DEFINITIONS.  In this chapter:
(1)  "Firefighter" means a firefighter employed by the municipality who is covered by the municipality's fire pension plan and is classified by the municipality as nonexempt.  The term does not include a firefighter with a rank that is above that of battalion chief or section chief.
(2)  "Firefighter employee group" means an organization:
(A)  in which, on or before September 1, 2007, firefighters of the municipality have participated and paid dues via automatic payroll deduction; and
(B)  that exists for the purpose, in whole or in part, of dealing with the municipality concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment affecting firefighters.
(3)  "Police officer" means a sworn police officer employed by the municipality who is covered by the municipality's police pension plan and is classified by the municipality as nonexempt.  The term does not include a police officer with a rank above that of captain, a civilian, or a municipal marshal.
(4)  "Police officer employee group" means an organization:
(A)  in which, on or before September 1, 2007, at least three percent of the police officers of the municipality have participated and paid dues via automatic payroll deduction; and
(B)  that exists for the purpose, in whole or in part, of dealing with the municipality concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of employment affecting police officers.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1293 (H.B. 2307), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.003. Meet and Confer Team; Negotiations

Sec. 147.003.  MEET AND CONFER TEAM; NEGOTIATIONS.  (a)  A meet and confer team is created under this section and consists of the following members:
(1)  members representing the firefighter employee groups in the municipality, provided each group may appoint only one firefighter of the municipality to serve as a member of the team; and
(2)  members representing the police officer employee groups in the municipality, provided each group may appoint only one police officer of the municipality to serve as a member of the team.
(b)  The meet and confer team represents all firefighters and police officers in the municipality and shall negotiate with the municipality in an effort to reach an agreement on concerns shared by the firefighters and police officers regarding terms of employment, including concerns relating to wages, benefits, and other working conditions but excluding concerns relating to pensions.  Only the meet and confer team created under this section may represent the firefighters or police officers of the municipality in the capacity described by this subsection, except that the team may be accompanied by legal counsel.
(c)  Concerns relating to affirmative action, employment discrimination, hiring, and promotions may be discussed by individual firefighter and police officer associations independent of the meet and confer team.
(d)  Expenses associated with the meet and confer team must be divided pro rata among each firefighter employee group and police officer employee group based on the number of sworn fire or police department members represented by each group.
(e)  A municipality may designate one or more persons to meet and confer on the municipality's behalf.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.0031. Petition for Recognition: Election or Action by Governing Body

Sec. 147.0031.  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 the meet and confer team a petition signed by a majority of all police officers and a majority of all firefighters, excluding the head of the police department, the head of the fire department, and other excluded employees as described by Section 147.0035(b), that requests recognition of the meet and confer team as the sole and exclusive bargaining agent for all the police officers and firefighters employed by the municipality, excluding the head of the police department, the head of the fire department, and other excluded employees as described by Section 147.0035(b), the governing body shall:
(1)  grant recognition of the meet and confer team as requested in the petition and determine by majority vote that the municipality may meet and confer under this chapter without conducting an election by the voters in the municipality under Section 147.0033;
(2)  defer granting recognition of the meet and confer team and order an election by the voters in the municipality under Section 147.0033 regarding whether the municipality may meet and confer under this chapter; or
(3)  order a certification election under Section 147.0032 to determine whether the employee groups in the meet and confer team represent a majority of the covered police officers and a majority of the covered firefighters.
(b)  If the governing body of a municipality orders a certification election under Subsection (a)(3) and the employee groups that are part of the meet and confer team are certified to represent a majority of the covered police officers and a majority of the covered firefighters, 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 meet and confer team as requested in the petition for recognition and determine by majority vote that the municipality may meet and confer under this chapter without conducting an election by the voters in the municipality under Section 147.0033; or
(2)  defer granting recognition of the meet and confer team and order an election by the voters in the municipality under Section 147.0033 regarding whether a public employer may meet and confer under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.0032. Certification Election

Sec. 147.0032.  CERTIFICATION ELECTION.  (a)  Except as provided by Subsection (b), a certification election ordered under Section 147.0031(a)(3) to determine whether the employee groups in the meet and confer team represent a majority of the covered police officers and a majority of the covered firefighters 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)  Each employee group in the meet and confer team is  liable for the expenses of the certification election for the employees the group represents.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.0033. Election to Authorize Operating Under This Chapter

Sec. 147.0033.  ELECTION TO AUTHORIZE OPERATING UNDER THIS CHAPTER.  (a)  The governing body of a municipality that receives a petition for recognition under Section 147.0031 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 meet and confer team representing municipal police officers and firefighters 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, a meet and confer team may not submit a petition for recognition to the governing body of the municipality under Section 147.0031 before the second anniversary of the date of the election.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.0034. Withdrawal of Recognition

Sec. 147.0034.  WITHDRAWAL OF RECOGNITION.  (a)  The police officers and firefighters may withdraw the recognition of the meet and confer team granted under this chapter by filing with the governing body of the municipality a petition signed by a majority of all covered police officers and a majority of all covered firefighters.
(b)  The governing body of the municipality may:
(1)  withdraw recognition as provided by the petition; or
(2)  order a certification election in accordance with Section 147.0032 regarding whether to do so.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.0035. Recognition of Meet and Confer Team

Sec. 147.0035.  RECOGNITION OF MEET AND CONFER TEAM.  (a)  A public employer in a municipality that chooses to meet and confer under this chapter shall recognize the meet and confer team that is recognized under Section 147.0031 or 147.0033 as the sole and exclusive bargaining agent for the police officers and firefighters, excluding the head of the police department, head of the fire department, and the employees exempt under Subsection (b), in accordance with this chapter and the petition.
(b)  For the purposes of Subsection (a), exempt employees are employees appointed by the head of the police department or fire department in the classification immediately below that of department head or that are exempt by the mutual agreement of the meet and confer team and the municipality.
(c)  The municipality shall recognize the meet and confer team until recognition of the meet and confer team is withdrawn in accordance with Section 147.0034 by a majority of the police officers and a majority of the firefighters who are eligible to sign a petition for recognition.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.004. General Provisions Relating to Agreements, Recognition, and Strikes

Sec. 147.004.  GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied local control over the wages, salaries, rates of pay, hours of work, and other terms of employment, or other state-mandated personnel issues, if the municipality and the meet and confer team recognized under Section 147.0031 or 147.0033 as the sole and exclusive bargaining agent for the covered police officers and firefighters come to a mutual agreement on any of the terms of employment.  If an agreement is not reached, the state laws, local ordinances, and civil service rules remain unaffected.  All agreements shall be written.  Nothing in this chapter requires either party to meet and confer on any issue or reach an agreement.
(b)  A municipality may meet and confer only if the meet and confer team does not advocate the illegal right to strike by public employees.
(c)  Firefighters and police officers of a municipality may not engage in strikes against this state or a political subdivision of this state.  A firefighter or police officer who participates in a strike forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges the firefighter or police officer enjoys as a result of employment or prior employment.
(d)  In this section, "strike" means failing to report for duty in concerted action with others, wilfully being absent from an assigned position, stopping work, abstaining from the full, faithful, and proper performance of the duties of employment, or interfering with the operation of a municipality.  However, this section does not prohibit a firefighter or police officer from conferring with members of the municipal governing body about conditions, compensation, rights, privileges, or obligations of employment.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.005. Payroll Dues Deductions

Sec. 147.005.  PAYROLL DUES DEDUCTIONS.  The municipality may not prevent automatic payroll deductions for dues paid to a firefighter employee group or police officer employee group.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.006. Records and Meetings

Sec. 147.006.  RECORDS AND MEETINGS.  (a)  An agreement made under this chapter is public information for purposes of Chapter 552, Government Code.  The agreement and any document prepared and used by the municipality in connection with the agreement, except for materials created during a municipality's caucuses and notes that are otherwise privileged by law, are available to the public in accordance with Chapter 552, Government Code, only after the agreement is ratified by both parties.
(b)  This section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used by the municipality in connection with the agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.007. Enforceability of Agreement

Sec. 147.007.  ENFORCEABILITY OF AGREEMENT.  (a)  A written agreement made under this chapter between a municipality and the meet and confer team is enforceable and binding on the municipality, the meet and confer team, firefighter employee groups, police officer employee groups, and the firefighters and 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 147.008.
(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 chapter.  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 chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.008. Election to Ratify Agreement

Sec. 147.008.  ELECTION TO RATIFY AGREEMENT.  (a)  The meet and confer team shall call an election to ratify any agreement reached with the municipality if the agreement has been approved by five-sevenths of the members of the meet and confer team.
(b)  All firefighters and police officers of the municipality are eligible to vote in the election.
(c)  An agreement may be ratified under this section only if at least 65 percent of the votes cast in the election favor the ratification.
(d)  A firefighter or police officer who is not a member of a firefighter employee group or a police officer employee group may be assessed a fee for any cost associated with casting the firefighter's or police officer's vote.
(e)  The meet and confer team shall establish procedures for the election by unanimous consensus.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.009. Action or Election to Repeal Authorization to Operate Under This Chapter

Sec. 147.009.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS CHAPTER.  (a)  The governing body of a municipality that granted recognition of a meet and confer team under Section 147.0031 without conducting an election under Section 147.0033 may withdraw recognition of the meet and confer team by providing to the meet and confer team not less than 90 days' written notice that:
(1)  the governing body is withdrawing recognition of the meet and confer team;  and
(2)  any agreement between the governing body and the meet and confer team will not be renewed.
(b)  The governing body of a municipality that granted recognition of a meet and confer team after conducting an election under Section 147.0033 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 147.0033.
(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 meet and confer team representing municipal police officers and firefighters 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, a meet and confer team may not submit a petition for recognition to the governing body of the municipality under Section 147.0031 before the second anniversary of the date of the election.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.010. Election to Repeal Agreement

Sec. 147.010.  ELECTION TO REPEAL AGREEMENT.  (a)  Not later than the 60th day after the date a meet and confer agreement is ratified by the governing body of the municipality and the firefighters and police officers under Section 147.008, a petition calling for the repeal of the agreement signed by a number of registered voters residing in the municipality equal to at least 10 percent of the votes cast at the most recent general election held in the municipality may be presented to the person charged with ordering an election under Section 3.004, Election Code.
(b)  If a petition is presented under Subsection (a), the governing body of the municipality shall:
(1)  repeal the meet and confer agreement; or
(2)  certify that the governing body is not repealing the agreement and call an election to determine whether to repeal the agreement.
(c)  An election called under Subsection (b)(2) may be held as part of the next regularly scheduled general election for the municipality.  The ballot shall be printed to provide for voting for or against the proposition:  "Repeal the meet and confer agreement ratified on __________ (date agreement was ratified) by the __________ (name of the governing body of the municipality) and the police officers and firefighters employed by the City of __________ (name of municipality) concerning wages, salaries, rates of pay, hours of work, and other terms of employment."
(d)  If a majority of the votes cast at the election favor the repeal of the agreement, the agreement is void.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 147 - Local Control of Firefighter and Police Officer Employment Matters in Certain Municipalities With Population of One Million or More › Section 147.011. Effect on Existing Benefits and Rights

Sec. 147.011.  EFFECT ON EXISTING BENEFITS AND RIGHTS.  (a)  This chapter may not be construed to repeal any existing benefit provided by statute or ordinance concerning police officers' or firefighters' compensation, pensions, retirement plans, hours of work, conditions of employment, or other emoluments except as expressly provided in a ratified meet and confer agreement.  This chapter is in addition to the benefits provided by existing statutes and ordinances.
(b)  This chapter may not be construed to interfere with the free speech right, guaranteed by the First Amendment to the United States Constitution, of an individual firefighter or a police officer to endorse or dissent from any agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 835 (H.B. 866), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 150 - Miscellaneous Provisions Affecting Municipal Officers and Employees › Subchapter A. Involvement of Fire Fighters and Police Officers in Political Activities › Section 150.001. Application of Subchapter to Certain Municipalities With Population of 10,000 or More

Sec. 150.001.  APPLICATION OF SUBCHAPTER TO CERTAIN MUNICIPALITIES WITH POPULATION OF 10,000 OR MORE.  This subchapter applies only to a municipality with a population of 10,000 or more, but does not apply to a municipality in which Chapter 143 applies.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), 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 150 - Miscellaneous Provisions Affecting Municipal Officers and Employees › Subchapter A. Involvement of Fire Fighters and Police Officers in Political Activities › Section 150.002. Political Activities

Sec. 150.002.  POLITICAL ACTIVITIES.  (a)  While in uniform or on active duty, an employee of the fire or police department of the municipality may not engage in a political activity relating to a campaign for an elective office.
(b)  For the purposes of this section, a person engages in a political activity if the person:
(1)  makes a public political speech supporting or opposing a candidate;
(2)  distributes a card or other political literature relating to the campaign of a candidate;
(3)  wears a campaign button;
(4)  circulates or signs a petition for a candidate;
(5)  solicits votes for a candidate; or
(6)  solicits campaign contributions for a candidate.
(c)  While out of uniform and not on active duty, an employee of the fire or police department may engage in a political activity relating to a campaign for an elective office, including each activity listed by Subsection (b), except that the person may not solicit campaign contributions for a candidate other than from members of an employee organization to which that person belongs.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), 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 150 - Miscellaneous Provisions Affecting Municipal Officers and Employees › Subchapter A. Involvement of Fire Fighters and Police Officers in Political Activities › Section 150.003. Restriction Prohibited

Sec. 150.003.  RESTRICTION PROHIBITED.  The municipality may not restrict the right of an employee of the fire or police department to engage in a political activity permitted by this subchapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), 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 150 - Miscellaneous Provisions Affecting Municipal Officers and Employees › Subchapter B. Residency Requirements › Section 150.021. Residency Requirements for Municipal Employees

Sec. 150.021.  RESIDENCY REQUIREMENTS FOR MUNICIPAL EMPLOYEES.  (a)  A municipality may not require residency within the municipal limits as a condition of employment with the municipality.  A municipality may require residency within the United States as a condition of employment.
(b)  The prohibition under Subsection (a) does not apply to residency requirements for:
(1)  candidates for or holders of a municipal office, including a position on the governing body of the municipality; or
(2)  municipal department heads appointed by the mayor or governing body of the municipality.
(c)  The governing body of a municipality may prescribe reasonable standards with respect to the time within which municipal employees who reside outside the municipal limits must respond to a civil emergency.  The standards may not be imposed retroactively on any person in the employ of the municipality at the time the standards are adopted.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 35(a), 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 150 - Miscellaneous Provisions Affecting Municipal Officers and Employees › Subchapter C. Employees as Candidates for Office › Section 150.041. Prohibited Municipal Actions

Sec. 150.041.  PROHIBITED MUNICIPAL ACTIONS.  (a) In this section, "candidate" has the meaning assigned by Section 251.001(1), Election Code.
(b)  A municipality may not prohibit a municipal employee from becoming a candidate for public office.
(c)  A municipality may not take disciplinary action against a municipal employee, including terminating the employment of the employee, solely because the employee becomes a candidate for public office.  However, the employee is still expected to fulfill all the duties and responsibilities associated with their municipal employment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1104 (H.B. 3739), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 151 - County Employment Authority › Subchapter A. General Employment Authority › Section 151.001. Officer Applies to Commissioners Court for Authority to Appoint Employees

Sec. 151.001.  OFFICER APPLIES TO COMMISSIONERS COURT FOR AUTHORITY TO APPOINT EMPLOYEES.  (a)  A district, county, or precinct officer who requires the services of deputies, assistants, or clerks in the performance of the officer's duties shall apply to the commissioners court of the county in which the officer serves for the authority to appoint the employees.  If the county has a population of more than 190,000, the officer shall apply for the authority to appoint any other kinds of employees.
(b)  The application must be sworn and must state:
(1)  the number of employees required;
(2)  the title of the positions to be filled;  and
(3)  the amounts to be paid the employees.
(c)  If the application is made in a county with a population of more than 190,000, it must also describe the duties to be performed by the employees.
(d)  The application must be accompanied by a statement of the probable receipts from fees, commissions, and compensation to be collected by the office during the fiscal year and the probable disbursements, including salaries and expenses, of the office.
(e)  This section does not apply to a district attorney or criminal district attorney in a county with a population of more than 190,000.
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 B - County Officers and Employees › Chapter 151 - County Employment Authority › Subchapter A. General Employment Authority › Section 151.002. Commissioners Court Adopts Order Authorizing Appointment of Employees

Sec. 151.002.  COMMISSIONERS COURT ADOPTS ORDER AUTHORIZING APPOINTMENT OF EMPLOYEES.  After the receipt of an application under this subchapter, the commissioners court by order shall determine the number of employees that may be appointed and shall authorize their appointment.
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 B - County Officers and Employees › Chapter 151 - County Employment Authority › Subchapter A. General Employment Authority › Section 151.003. Officers Make Appointments

Sec. 151.003.  OFFICERS MAKE APPOINTMENTS.  After the entry of the commissioners court's order, the officer applying for the employees may appoint them.
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 B - County Officers and Employees › Chapter 151 - County Employment Authority › Subchapter A. General Employment Authority › Section 151.004. Commissioners Court May Not Influence Appointment

Sec. 151.004.  COMMISSIONERS COURT MAY NOT INFLUENCE APPOINTMENT.  The commissioners court or a member of the court may not attempt to influence the appointment of any person to an employee position authorized by the court 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 B - County Officers and Employees › Chapter 151 - County Employment Authority › Subchapter Z. Miscellaneous Provisions › Section 151.901. Employment of Secretarial Personnel

Sec. 151.901.  EMPLOYMENT OF SECRETARIAL PERSONNEL.  The commissioners court of a county may enter an order to employ and provide compensation for secretarial personnel for a district, county, or precinct officer if the court determines that the financial condition of the county and the staff needs of the officer justify doing so.
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 B - County Officers and Employees › Chapter 151 - County Employment Authority › Subchapter Z. Miscellaneous Provisions › Section 151.903. Personnel and Payroll Records in County With Population of 500,000 or More

Sec. 151.903.  PERSONNEL AND PAYROLL RECORDS IN COUNTY WITH POPULATION OF 500,000 OR MORE.  (a)  In a county with a population of 500,000 or more, the officer employing a person shall, in addition to other requirements of law, file a personnel record about the person if the person is paid in whole or in part from funds of the county or of a flood control district located entirely in the county and the person is employed as:
(1)  a deputy, an assistant, or any other employee of the county, or of the flood control district, who works under the commissioners court or its appointee;  or
(2)  a deputy or an assistant appointed under Subchapter A by a county or district officer.
(b)  The personnel record shall be filed when the person is employed and must contain the following information:  date of employment, rate of compensation, nature of employment, business or personal history, education, race, sex, age, place and date of birth, previous experience, and any other information essential to the keeping of proper personnel records.
(c)  Each county officer or department head under whom the persons described by Subsection (a) are employed shall file a signed and sworn payroll at the close of the month, or more often if authorized or required by law.  The payroll must state the name of each employee and show the employee's dates and hours of work, rate of compensation, and amount due for the current pay period.  In the case of engineers and employees in the field engaged in road, flood control, or construction work, a signed report must accompany the payroll stating the nature, dates, and location of the work performed and containing any other information that may be needed for statistical or accounting purposes.
(d)  The county auditor shall prescribe the forms and systems, including a system of personnel and equipment records, necessary to carry out this section.  The county auditor may enforce any rules adopted under this section.  If a person fails to file records or furnish essential information as required under this section, the county auditor or the county treasurer may withhold the payment of salaries until the records are filed or information is furnished as required.  In addition, the county auditor may assemble statistics and make recommendations that may be included in the county auditor's annual report required by law.
(e)  A form adopted under this section is subject to the approval of the county auditor.
(f)  In a county with a chief personnel officer, the commissioners court may designate the chief personnel officer or the county auditor to approve personnel forms.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 328, Sec. 1, eff. May 26, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 934 (H.B. 3439), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter A. General Provisions › Section 152.001. Funds From Which Amounts Are Paid

Sec. 152.001.  FUNDS FROM WHICH AMOUNTS ARE PAID.  Unless otherwise provided by law, the compensation, expenses, and allowances set under this code for a district, county, or precinct officer or employee may be paid from the general fund of the county in which the officer or employee serves or from any other funds that are available for that purpose.
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 B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter A. General Provisions › Section 152.002. Salary Donation to County

Sec. 152.002.  SALARY DONATION TO COUNTY.  The county may accept from an elected county or precinct officer a gift or donation of all or part of the salary paid by the county to the officer.  The county treasurer shall deposit a gift or donation accepted under this section in the general fund of the county.
Added by Acts 1989, 71st Leg., ch. 1259, Sec. 1, eff. June 18, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter B. Amount of Compensation, Expenses, and Allowances Generally Applicable › Section 152.011. Amount Set by Commissioners Court

Sec. 152.011.  AMOUNT SET BY COMMISSIONERS COURT.  The commissioners court of a county shall set the amount of the compensation, office and travel expenses, and all other allowances for county and precinct officers and employees who are paid wholly from county funds.
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 B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter B. Amount of Compensation, Expenses, and Allowances Generally Applicable › Section 152.012. Minimum Amount of Salary

Sec. 152.012.  MINIMUM AMOUNT OF SALARY.  The commissioners court may not set the salary of an officer or employee at an amount less than the amount of the salary in effect on January 1, 1972.  The court may not set the salary of a justice of the peace at an amount less than the amount of the salary in effect on May 25, 1973.
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 B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter B. Amount of Compensation, Expenses, and Allowances Generally Applicable › Section 152.013. Procedure for Setting Amounts for Elected Officers

Sec. 152.013.  PROCEDURE FOR SETTING AMOUNTS FOR ELECTED OFFICERS.  (a)  Each year the commissioners court shall set the salary, expenses, and other allowances of elected county or precinct officers.  The commissioners court shall set the items at a regular meeting of the court during the regular budget hearing and adoption proceedings.
(b)  Before the 10th day before the date of the meeting, the commissioners court must publish in a newspaper of general circulation in the county a notice of:
(1)  any salaries, expenses, or allowances that are proposed to be increased;  and
(2)  the amount of the proposed increases.
(c)  Before filing the annual budget with the county clerk, the commissioners court shall give written notice to each elected county and precinct officer of the officer's salary and personal expenses to be included in the budget.
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 B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter B. Amount of Compensation, Expenses, and Allowances Generally Applicable › Section 152.014. Salary Grievance Committee

Sec. 152.014.  SALARY GRIEVANCE COMMITTEE.  (a)  In each county there is a salary grievance committee composed of the county judge and:
(1)  the sheriff, county tax assessor-collector, county treasurer, county clerk, district clerk, county attorney or criminal district attorney, and the number of public members necessary to provide nine voting members;  or
(2)  nine public members, if the commissioners court votes to have nine public members.
(b)  The county judge is chairman of the committee, but is not entitled to vote.
(c)  Public members must be residents of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 326, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 131, Sec. 1, eff. Jan. 1, 2004.