reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.009. Service on Board of Corporation for No Compensation

Sec. 171.009.  SERVICE ON BOARD OF CORPORATION FOR NO COMPENSATION.  It shall be lawful for a local public official to serve as a member of the board of directors of private, nonprofit corporations when such officials receive no compensation or other remuneration from the nonprofit corporation or other nonprofit entity.
Added by Acts 1989, 71st Leg., ch. 475, Sec. 2, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 171 - Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments › Section 171.010. Practice of Law

Sec. 171.010.  PRACTICE OF LAW.  (a)  For purposes of this chapter, a county judge or county commissioner engaged in the private practice of law has a substantial interest in a business entity if the official has entered a court appearance or signed court pleadings in a matter relating to that business entity.
(b)  A county judge or county commissioner that has a substantial interest in a business entity as described by Subsection (a) must comply with this chapter.
(c)  A judge of a constitutional county court may not enter a court appearance or sign court pleadings as an attorney in any matter before:
(1)  the court over which the judge presides;  or
(2)  any court in this state over which the judge's court exercises appellate jurisdiction.
(d)  Upon compliance with this chapter, a county judge or commissioner may practice law in the courts located in the county where the county judge or commissioner serves.
Added by Acts 2003, 78th Leg., ch. 227, Sec. 21, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1206, Sec. 3, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.001. Short Title

Sec. 172.001.  SHORT TITLE.  This chapter may be cited as the Texas Political Subdivision Employees Uniform Group Benefits Act.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.002. Purpose

Sec. 172.002.  PURPOSE.  The purpose of this chapter is to:
(1)  provide uniformity in benefits including accident, health, dental, and long-term disability coverage to employees of political subdivisions;
(2)  enable the political subdivisions to attract and retain competent and able employees by providing them with accident and health benefits coverages at least equal to those commonly provided in private industry;
(3)  foster, promote, and encourage employment by and service to political subdivisions as a career profession for persons of high standards of competence and ability;
(4)  recognize and protect the political subdivisions' investment in each permanent employee by promoting and preserving economic security and good health among those employees;
(5)  foster and develop high standards of employer-employee relationships between each political subdivision and its employees;
(6)  recognize the service to political subdivisions by elected officials and employees of affiliated service contractors by extending to them the same accident and health benefits coverages as are provided for political subdivision employees;  and
(7)  recognize the long and faithful service and dedication of employees of political subdivisions and to encourage them to remain in service of their respective political subdivisions until eligible for retirement by providing health benefits to those employees.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 491, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.003. Definitions

Sec. 172.003.  DEFINITIONS.  In this chapter:
(1)  "Affiliated service contractor" means an organization qualified for exemption under Section 501(c), Internal Revenue Code (26 U.S.C. Section 501(c)), as amended, that provides governmental or quasi-governmental services on behalf of a political subdivision and derives more than 25 percent of its gross revenues from grants or funding from the political subdivision.
(2)  "Employee" means a person who works at least 20 hours a week for a political subdivision.
(3)  "Political subdivision" means a county, municipality, special district, school district, junior college district, housing authority, or other political subdivision of this state or any other state.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 491, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 28, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1363 (S.B. 654), Sec. 5, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.004. Benefits Contract

Sec. 172.004.  BENEFITS CONTRACT.  (a)  A political subdivision or a group of political subdivisions pursuant to The Interlocal Cooperation Act (Chapter 791, Government Code) directly or through a risk pool may provide health and accident coverage for political subdivision officials, employees, and retirees or any class of officials, employees, or retirees, and employees of affiliated service contractors.
(b)  The types of coverage that may be provided include group health and accident, group dental, accidental death and dismemberment, and hospital, surgical, and medical expense.
(c)  A political subdivision also may include under the coverage dependents of the officers, employees, and retirees and of employees of affiliated service contractors.
(d)  A pool's board of trustees may provide coverage for the trustees and the pool's staff, including persons with whom the pool has contracted to perform staff functions, on approval of the members of the pool.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 491, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.005. Risk Pool

Sec. 172.005.  RISK POOL.  (a)  A political subdivision may establish a risk pool or may enter into an interlocal agreement under The Interlocal Cooperation Act (Chapter 791, Government Code) with other political subdivisions to establish a risk pool to provide health and accident coverage for officials, employees, retirees, employees of affiliated service contractors, and their dependents.
(b)  Contributions paid by a political subdivision's officials, employees, and retirees and employees of affiliated service contractors for coverage shall be deposited to the credit of the risk pool's fund and used as provided by rules of the risk pool.
(c)  A pool by contract may purchase insurance coverage for persons who are covered by the pool from an insurance company authorized to do business in this state.
(d)  A pool or its agents may not represent to persons who apply for coverage or who are covered by the pool that the coverage being provided is insurance unless the coverage is by contract purchased from an insurance company authorized to do business in this state.
(e)  A risk pool organized under this section is a legal entity that may contract with an insurer licensed to do business in Texas to assume any excess of loss of a benefit contract authorized under Section 172.004. Notwithstanding any provision of the Insurance Code or any other law governing insurance in this state, an insurer authorized to do business in Texas may assume the excess of loss of the benefit contract under Section 172.004.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 611, Sec. 1, eff. Aug. 26, 1991;  Acts 2001, 77th Leg., ch. 491, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.006. Supervision and Administration of Pool

Sec. 172.006.  SUPERVISION AND ADMINISTRATION OF POOL.  (a)  A political subdivision or a group of political subdivisions that create a risk pool shall select trustees to supervise the operation of the pool.
(b)  A pool may be administered by a staff employed by the pool, an entity created by the political subdivision or group of political subdivisions participating in the pool, a staff or entity that administers another pool established under this chapter, or a third party administrator.
(c)  Before entering into a contract with a person to be a third party administrator of the pool, the trustees shall require that person to submit information necessary for the trustees to evaluate the background, experience, and financial qualifications and solvency of that person.  The information submitted by a prospective administrator other than an insurance company must disclose:
(1)  any ownership interest that the prospective administrator has in an insurance company, group hospital service corporation, health maintenance organization, or other provider of health care indemnity;  and
(2)  any commission or other benefit that the prospective administrator will receive for purchasing services or coverage for the pool.
(d)  An attorney employed by a third party administrator, provider of excess loss coverage, or reinsurer may not be simultaneously employed by the pool unless, before the attorney is employed by the pool, the third party administrator, provider of excess loss coverage, reinsurer, or attorney discloses to the pool's board of trustees that the attorney is employed by the administrator, provider, or reinsurer.
(e)  If the state enacts a law providing for the licensing or registration of third party administrators, a risk pool in contracting for administrative services may only contract for services of a third party administrator licensed or registered under that law. This subsection does not apply to a nonprofit corporation that is acting solely on behalf of the risk pool or other pools or administrative agencies established under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes).
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 988, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.007. Trustee Training

Sec. 172.007.  TRUSTEE TRAINING.  (a)  Trustees who act as fiduciaries for a risk pool must have at least 16 hours of combined professional instruction with four hours of instruction in each of the following areas:
(1)  law governing the establishment and operation of risk pools by political subdivisions;
(2)  principles of self-insurance and risk pools, including actuarial and underwriting principles and investment principles;
(3)  principles relating to reading and understanding financial statements;  and
(4)  the general fiduciary duties of trustees.
(b)  Not later than the 180th day after the date of selection as trustee, or after the effective date of this chapter, whichever is the later date, a trustee must complete the training required by Subsection (a).
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.008. Excess Loss Coverage and Reinsurance

Sec. 172.008.  EXCESS LOSS COVERAGE AND REINSURANCE.  (a)  A risk pool may purchase excess loss coverage or reinsurance to insure a pool against financial losses that the pool determines might place the solvency of the pool in financial jeopardy.
(b)  If a risk pool does not purchase excess loss coverage or reinsurance, the administrator shall give written notice to each person who applies for coverage from the pool that the pool does not maintain excess loss coverage or reinsurance.  The administrator shall provide the notice before coverage is issued to an applicant and shall give the applicant the opportunity to decline the coverage.
(c)  If a risk pool cancels or does not renew excess loss coverage or reinsurance, the administrator shall give notice to each person covered by the pool that the coverage has been canceled or has not been renewed and shall give each an opportunity to cancel his coverage.  The administrator must give the notice and opportunity to cancel coverage not later than the 30th day after the date on which the pool cancels or does not renew the excess loss coverage or reinsurance.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.009. Investments

Sec. 172.009.  INVESTMENTS.  (a)  The trustees of a risk pool shall invest the pool's money in accordance with Subchapter A, Chapter 2256, Government Code to the extent that law can be made applicable.
(b)  In addition to investments authorized under Subchapter A, Chapter 2256, Government Code, the trustees of a pool may invest the pool's money in any investment authorized by the Texas Trust Code (Subtitle B, Title 9, Property Code).
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(11), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.010. Audits

Sec. 172.010.  AUDITS.  (a)  The trustees of the pool shall have the fiscal accounts and records of the risk pool audited annually by an independent auditor.
(b)  The person who performs the audit must be a certified public accountant or public accountant licensed by the Texas State Board of Public Accountancy.
(c)  The independent audit shall cover a pool's fiscal year.
(d)  The trustees of the pool shall file annually with the State Board of Insurance a copy of the audit report.  The State Board of Insurance shall maintain the copies of the audit reports at a convenient location and shall make the copies of the audit reports available for public inspection during regular business hours.  A person may request the State Board of Insurance to provide copies of any item included in an audit report on payment of the cost of providing the copies.  The State Board of Insurance may adopt rules governing the time and manner for filing audit reports under this subsection and the procedures for filing, inspecting, and obtaining copies of audit reports.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 599, Sec. 15, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.011. Insolvency

Sec. 172.011.  INSOLVENCY.  (a)  The trustees of a risk pool shall declare the pool insolvent if the trustees determine that the pool is unable to pay valid claims within 60 days after the date the claims are verified.
(b)  If a pool is declared insolvent by the trustees, the pool shall cease operation on the day of the declaration, and the trustees shall provide for the disposition of the pool's assets, debts, obligations, losses, and other liabilities.
(c)  A person who has coverage under a risk pool may institute proceedings to have the pool declared insolvent by petitioning a district court in Travis County to declare the pool insolvent.  If the district court, after notice and hearing, determines that the pool is insolvent, the court shall appoint a receiver to take charge of and dispose of the pool's assets, debts, obligations, losses, and other liabilities.  Except as provided by this chapter, a receivership under this section is governed by Chapter 64, Civil Practice and Remedies Code, to the extent that chapter can be made applicable.
(d)  After a receiver takes charge of the assets and determines outstanding debts, obligations, losses, and other liabilities, the receiver shall give notice of his determination to any person, including a political subdivision that is a participant in the pool.
(e)  If the receiver determines that money is owed to the pool by a political subdivision that is a participant in the pool, the political subdivision may protest the determination by filing with the court a protest statement not later than the 15th day after the date the notice of the receiver's determination is mailed.
(f)  If a court in which a protest statement is filed determines after a hearing that an amount is owed by the political subdivision filing the protest statement, the political subdivision shall pay that amount to the receiver not later than the 30th day after the date on which the court's determination becomes final.  A determination by a court on a protest statement is interlocutory.
(g)  If a protest statement is not filed with the court, the political subdivision shall pay to the receiver the amount determined to be owed not later than the 30th day after the date on which the receiver mails the notice under Subsection (d).
(h)  The court that appoints a receiver may direct that a reasonable fee be paid to the receiver as compensation for performance of responsibilities and duties and may assess each political subdivision that is a participant in the pool under the receiver's control an amount necessary to compensate the receiver.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.012. Limitation of Risk Pools

Sec. 172.012.  LIMITATION OF RISK POOLS.  (a)  Except as provided by Subsection (b), a county may not provide health and accident coverage through a risk pool under this chapter, except:
(1)  as authorized by Subchapter A, Chapter 157;  or
(2)  through an interlocal contract entered under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes) with other political subdivisions of this state if the aggregate annual contributions to the pool will exceed $1 million based on an actuarial estimate by an actuary who is a member of the American Academy of Actuaries.
(b)  A county with a population of fewer than 500,000 may create and provide coverage through a pool if the aggregate annual claims, contributions, or both claims and contributions to the pool will exceed $300,000 based on an actuarial estimate by an actuary who is a member of the American Academy of Actuaries.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 649, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.013. Payment of Contributions and Premiums

Sec. 172.013.  PAYMENT OF CONTRIBUTIONS AND PREMIUMS.  (a)  A political subdivision may pay all or part of the contributions for coverage under this chapter from local funds, including federal grant or contract pass-through funds, that are not dedicated by law to some other purpose.
(b)  A political subdivision also may pay all or part of the contributions for coverage for officers, employees, retirees, and dependents, but may not pay any part of the contributions for coverage for employees of affiliated service contractors or their dependents.
(c)  On written approval of an officer or employee, a political subdivision may deduct from the officer's or employee's compensation an amount necessary to pay that person's and his dependents' contributions.  A retiree may authorize in writing the person who pays his retirement benefits to deduct from those benefits an amount sufficient to pay the retiree's and his dependents' contributions.
(d)  State funds, except federal grant or contract funds passed through the state to its political subdivisions, may not be used to purchase coverage or to pay contributions under this chapter.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 491, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.014. Application of Certain Laws

Sec. 172.014.  APPLICATION OF CERTAIN LAWS.  A risk pool created under this chapter is not insurance or an insurer under the Insurance Code and other laws of this state, and the State Board of Insurance does not have jurisdiction over a pool created under this chapter.
Added by Acts 1989, 71st Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 172 - Texas Political Subdivisions Uniform Group Benefits Program › Section 172.016. Status of Affiliated Service Contractors

Sec. 172.016.  STATUS OF AFFILIATED SERVICE CONTRACTORS.  Inclusion of the employees of affiliated service contractors in the uniform group benefits program authorized by this chapter does not, for any purpose:
(1)  make an affiliated service contractor a political subdivision or a division of a political subdivision;  or
(2)  make an employee of an affiliated service contractor an employee of a political subdivision or a division of a political subdivision.
Added by Acts 2001, 77th Leg., ch. 491, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 173 - Temporary Salary Payments for Municipal and County Employees Called to Active Duty › Section 173.001. Employees Subject to Chapter

Sec. 173.001.  EMPLOYEES SUBJECT TO CHAPTER.  (a)  This chapter applies to a municipal or county employee who is a member of a reserve component of the armed forces of the United States, including any appropriate part of the state military forces, and who by virtue of that membership is called to active duty in the armed forces of the United States by federal authority without the person's consent before, on, or after the effective date of this chapter as part of a partial or total mobilization of the reserve components of the armed forces.
(b)  This chapter does not apply to a person who:
(1)  ceases to be employed by a municipality or county because the person resigns or is terminated for a reason that is not a direct consequence of the person's call to active duty as described under Subsection (a);  or
(2)  commits a voluntary act that extends the person's original assigned service to active duty.
Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 173 - Temporary Salary Payments for Municipal and County Employees Called to Active Duty › Section 173.002. Salary Continuation

Sec. 173.002.  SALARY CONTINUATION.  (a)  Notwithstanding any other law, if a person to whom this chapter applies exhausts all military leave to which the person is entitled under state law, the municipality or county may continue the person's municipal or county salary payments under this chapter in an amount determined by the governing body of the municipality or the commissioners court, as applicable, until the person is no longer required to serve on active duty under the circumstances described by Section 173.001(a).
(b)  The salary payments authorized by Subsection (a) are payable:
(1)  from the general fund of the municipality or county or other funds available for that purpose on the date the person is called to active duty;  and
(2)  only for a municipal or county pay period that began on or after September 1, 2002.
Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 173 - Temporary Salary Payments for Municipal and County Employees Called to Active Duty › Section 173.003. Manner of Payment

Sec. 173.003.  MANNER OF PAYMENT.  Salary payments under this chapter may be paid in the manner directed by the person, subject to the approval of the governing body of a municipality or the commissioners court of a county, as applicable, except as provided by other law.
Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 173 - Temporary Salary Payments for Municipal and County Employees Called to Active Duty › Section 173.004. Rules

Sec. 173.004.  RULES.  The governing body of a municipality and the commissioners court of a county may adopt rules to implement this chapter.
Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 173 - Temporary Salary Payments for Municipal and County Employees Called to Active Duty › Section 173.005. Other Benefits Unaffected

Sec. 173.005.  OTHER BENEFITS UNAFFECTED.  This chapter authorizes the continuation of municipal or county salary payments only as provided by Sections 173.001-173.004.
Added by Acts 2003, 78th Leg., ch. 671, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter A. General Provisions › Section 174.001. Short Title

Sec. 174.001.  SHORT TITLE.  This chapter may be cited as The Fire and Police Employee Relations Act.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter A. General Provisions › Section 174.002. Policy

Sec. 174.002.  POLICY.  (a)  The policy of this state is that a political subdivision shall provide its fire fighters and police officers with compensation and other conditions of employment that are substantially the same as compensation and conditions of employment prevailing in comparable private sector employment.
(b)  The policy of this state is that fire fighters and police officers, like employees in the private sector, should have the right to organize for collective bargaining, as collective bargaining is a fair and practical method for determining compensation and other conditions of employment.  Denying fire fighters and police officers the right to organize and bargain collectively would lead to strife and unrest, consequently injuring the health, safety, and welfare of the public.
(c)  The health, safety, and welfare of the public demands that strikes, lockouts, and work stoppages and slowdowns of fire fighters and police officers be prohibited, and therefore it is the state's duty to make available reasonable alternatives to strikes by fire fighters and police officers.
(d)  Because of the essential and emergency nature of the public service performed by fire fighters and police officers, a reasonable alternative to strikes is a system of arbitration conducted under adequate legislative standards.  Another reasonable alternative, if the parties fail to agree to arbitrate, is judicial enforcement of the requirements of this chapter regarding compensation and conditions of employment applicable to fire fighters and police officers.
(e)  With the right to strike prohibited, to maintain the high morale of fire fighters and police officers and the efficient operation of the departments in which they serve, alternative procedures must be expeditious, effective, and binding.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter A. General Provisions › Section 174.003. Definitions

Sec. 174.003.  DEFINITIONS.  In this chapter:
(1)  "Association" means any type of organization, including an agency or employee representation committee or plan, in which fire fighters, police officers, or both, participate and that exists, in whole or in part, to deal with one or more public or private employers concerning grievances, labor disputes, or conditions of employment affecting fire fighters, police officers, or both.
(2)  "Fire fighter" means a permanent, paid employee of the fire department of a political subdivision.  The term does not include:
(A)  the chief of the department;  or
(B)  a volunteer fire fighter.
(3)  "Police officer" means a paid employee who is sworn, certified, and full-time, and who regularly serves in a professional law enforcement capacity in the police department of a political subdivision.  The term does not include the chief of the department.
(4)  "Political subdivision" includes a municipality.
(5)  "Public employer" means the official or group of officials of a political subdivision whose duty is to establish the compensation, hours, and other conditions of employment of fire fighters, police officers, or both, and may include the mayor, city manager, town manager, town administrator, municipal governing body, director of personnel, personnel board, commissioners, or another official or combination of those persons.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.16, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter A. General Provisions › Section 174.004. Liberal Construction

Sec. 174.004.  LIBERAL CONSTRUCTION.  This chapter shall be liberally construed.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter A. General Provisions › Section 174.005. Preemption of Other Law

Sec. 174.005.  PREEMPTION OF OTHER LAW.  This chapter preempts all contrary local ordinances, executive orders, legislation, or rules adopted by the state or by a political subdivision or agent of the state, including a personnel board, civil service commission, or home-rule municipality.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter A. General Provisions › Section 174.006. Effect on Civil Service Provisions

Sec. 174.006.  EFFECT ON CIVIL SERVICE PROVISIONS.  (a)  A state or local civil service provision prevails over a collective bargaining contract under this chapter unless the collective bargaining contract specifically provides otherwise.
(b)  A civil service provision may not be repealed or modified by arbitration or judicial action but may be interpreted or enforced by an arbitrator or court.
(c)  This chapter does not limit the authority of a municipal fire chief or police chief under Chapter 143 except as modified by the parties through collective bargaining.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter A. General Provisions › Section 174.007. Effect on Existing Benefits

Sec. 174.007.  EFFECT ON EXISTING BENEFITS.  This chapter may not be construed as repealing any existing benefit provided by statute or ordinance concerning fire fighters' or police officers' compensation, pensions, retirement plans, hours of work, conditions of employment, or other emoluments.  This chapter is in addition to the benefits provided by existing statutes and ordinances.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter A. General Provisions › Section 174.008. Waiver of Immunity

Sec. 174.008.  WAIVER OF IMMUNITY.  This chapter is binding and enforceable against the employing public employer, and sovereign or governmental immunity from suit and liability is waived only to the extent necessary to enforce this chapter against that employer.
Added by Acts 2007, 80th Leg., R.S., Ch. 1200 (H.B. 1473), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter B. Conditions of Employment and Right to Organize › Section 174.021. Prevailing Wage and Working Conditions Required

Sec. 174.021.  PREVAILING WAGE AND WORKING CONDITIONS REQUIRED.  A political subdivision that employs fire fighters, police officers, or both, shall provide those employees with compensation and other conditions of employment that are:
(1)  substantially equal to compensation and other conditions of employment that prevail in comparable employment in the private sector;  and
(2)  based on prevailing private sector compensation and conditions of employment in the labor market area in other jobs that require the same or similar skills, ability, and training and may be performed under the same or similar conditions.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter B. Conditions of Employment and Right to Organize › Section 174.022. Certain Public Employers Considered to Be in Compliance

Sec. 174.022.  CERTAIN PUBLIC EMPLOYERS CONSIDERED TO BE IN COMPLIANCE.  (a)  A public employer that has reached an agreement with an association on compensation or other conditions of employment as provided by this chapter is considered to be in compliance with the requirements of Section 174.021 as to the conditions of employment for the duration of the agreement.
(b)  If an arbitration award is rendered as provided by Subchapter E, the public employer involved is considered to be in compliance with the requirements of Section 174.021 as to the conditions of employment provided by the award for the duration of the collective bargaining period to which the award applies.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter B. Conditions of Employment and Right to Organize › Section 174.023. Right to Organize and Bargain Collectively

Sec. 174.023.  RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY.  On adoption of this chapter or the law codified by this chapter by a political subdivision to which this chapter applies, fire fighters, police officers, or both are entitled to organize and bargain collectively with their public employer regarding compensation, hours, and other conditions of employment.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter C. Adoption and Repeal of Collective Bargaining Provisions › Section 174.051. Adoption Election

Sec. 174.051.  ADOPTION ELECTION.  (a)  The governing body of a political subdivision to which this chapter applies shall order an election for the adoption of this chapter on receiving a petition signed by qualified voters of the political subdivision in a number equal to or greater than the lesser of:
(1)  20,000;  or
(2)  five percent of the number of qualified voters voting in the political subdivision in the preceding general election for state and county officers.
(b)  The governing body shall hold the election on the first authorized uniform election date prescribed by Chapter 41, Election Code, that allows sufficient time for compliance with any requirements established by law.
(c)  The ballot in the election shall be printed to provide for voting for or against the proposition:  "Adoption of the state law applicable to (fire fighters, police officers, or both, as applicable) that establishes collective bargaining if a majority of the affected employees favor representation by an employees association, preserves the prohibition against strikes and lockouts, and provides penalties for strikes and lockouts."
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter C. Adoption and Repeal of Collective Bargaining Provisions › Section 174.052. Effect of Successful Adoption Election

Sec. 174.052.  EFFECT OF SUCCESSFUL ADOPTION ELECTION.  If a majority of the votes cast in an election under Section 174.051 favor adoption of this chapter, the governing body shall place this chapter in effect not later than the 30th day after the beginning of the first fiscal year of the political subdivision after the election.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter C. Adoption and Repeal of Collective Bargaining Provisions › Section 174.053. Repeal Election

Sec. 174.053.  REPEAL ELECTION.  (a)  The governing body of a political subdivision in which the collective bargaining provisions of this chapter have been in effect for at least one year shall order an election for the repeal of the adoption of this chapter on receiving a petition signed by qualified voters of the political subdivision in a number equal to or greater than the lesser of:
(1)  20,000;  or
(2)  five percent of the number of qualified voters voting in the political subdivision in the preceding general election for state and county officers.
(b)  The ballot in the election shall be printed to provide for voting for or against the proposition:  "Repeal of the adoption of the state law applicable to (fire fighters, police officers, or both, as applicable) that establishes collective bargaining if a majority of the affected employees favor representation by an employees association, preserves the prohibition against strikes and lockouts, and provides penalties for strikes and lockouts."
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter C. Adoption and Repeal of Collective Bargaining Provisions › Section 174.054. Effect of Successful Repeal Election

Sec. 174.054.  EFFECT OF SUCCESSFUL REPEAL ELECTION.  If a majority of the votes cast in an election under Section 174.053 favor repeal of the adoption of this chapter, the collective bargaining provisions of this chapter are void as to the political subdivision.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter C. Adoption and Repeal of Collective Bargaining Provisions › Section 174.055. Frequency of Elections

Sec. 174.055.  FREQUENCY OF ELECTIONS.  If an election for the adoption or the repeal of the adoption of this chapter is held under this subchapter, a like petition for a subsequent election may not be submitted before the first anniversary of the date of the preceding election.
Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter D. Collective Bargaining › Section 174.101. Recognition of Bargaining Agent for Fire Fighters

Sec. 174.101.  RECOGNITION OF BARGAINING AGENT FOR FIRE FIGHTERS.  A public employer shall recognize an association selected by a majority of the fire fighters of the fire department of a political subdivision as the exclusive bargaining agent for the fire fighters of that department unless a majority of the fire fighters withdraw the recognition.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter D. Collective Bargaining › Section 174.102. Recognition of Bargaining Agent for Police Officers

Sec. 174.102.  RECOGNITION OF BARGAINING AGENT FOR POLICE OFFICERS.  A public employer shall recognize an association selected by a majority of the police officers of the police department of a political subdivision as the exclusive bargaining agent for the police officers of that department unless a majority of the police officers withdraw the recognition.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle C - Matters Affecting Public Officers and Employees of More Than One Type of Local Government › Chapter 174 - Fire and Police Employee Relations › Subchapter D. Collective Bargaining › Section 174.103. Single Bargaining Agent for Fire Fighters and Police Officers

Sec. 174.103.  SINGLE BARGAINING AGENT FOR FIRE FIGHTERS AND POLICE OFFICERS.  (a)  Except as provided by Subsection (b), the fire and police departments of a political subdivision are separate collective bargaining units under this chapter.
(b)  Associations that represent employees in the fire and police departments of a political subdivision may voluntarily join together for collective bargaining with the public employer.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 4, eff. Sept. 1, 1993.