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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.003. Hospital and Medical Assistance for Police Reserve Force

Sec. 142.003.  HOSPITAL AND MEDICAL ASSISTANCE FOR POLICE RESERVE FORCE.  (a)  The governing body of a municipality may provide hospital and medical assistance to a member of the police reserve force who sustains injury in the course of performing official duties in the same manner as provided by the governing body for a full-time police officer.
(b)  A police reserve officer is eligible for death benefits as provided by Chapter 615, Government Code.
(c)  This section does not authorize a member of a police reserve force to become eligible for participation in a pension fund created under state statute of which a regular officer may become a member by payroll deductions or otherwise.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(33), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.004. Payment of Hospitalization Costs for Peace Officers and Fire Fighters

Sec. 142.004.  PAYMENT OF HOSPITALIZATION COSTS FOR PEACE OFFICERS AND FIRE FIGHTERS.
Text of subsection effective until January 01, 2025
(a)  In this section, "peace officer" means a peace officer as defined by Article 2.12, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(a)  In this section, "peace officer" means a peace officer as defined by Article 2A.001, Code of Criminal Procedure.
(b)  If a peace officer or fire fighter employed by a municipality sustains an injury in the performance of the person's duties that results in permanent incapacity for work and requires constant confinement in a hospital or other institution providing medical treatment, the municipality may pay all costs of the confinement in excess of amounts that are paid under a policy of insurance or by another governmental entity.
(c)  To the extent this section permits payments, the municipality is subrogated to the rights of the peace officer or fire fighter in a suit against a third party because of the injury.
(d)  To receive funds under this section, a peace officer or fire fighter must furnish the governing body of the municipality:
(1)  proof that the injury was sustained in the performance of the person's duties resulting in permanent incapacity for work and requiring constant confinement for medical treatment;
(2)  proof of the part of the cost of confinement not paid under a policy of insurance or by another governmental entity;  and
(3)  any other information or evidence required by the governing body.
(e)  This section does not permit payment of costs of constant confinement for medical treatment incurred before August 27, 1973.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.138, eff. January 1, 2025.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.005. Liability Insurance for Fire and Police Department Officers and Employees Driving Emergency Vehicles

Sec. 142.005.  LIABILITY INSURANCE FOR FIRE AND POLICE DEPARTMENT OFFICERS AND EMPLOYEES DRIVING EMERGENCY VEHICLES.  (a)  A municipality may insure the officers and employees of its fire and police departments and other municipal employees who drive emergency vehicles against liability to third persons arising from the use and operation of a motor vehicle used as a municipal emergency medical, fire, or police vehicle in the line of duty by procuring a policy for that purpose from an insurance company authorized to do business in this state.
(b)  Insurance taken out by a municipality must be on forms approved by the State Board of Insurance.
(c)  A municipality may not purchase liability insurance in excess of $20,000 because of bodily injury to or death of one person in any one accident, $100,000 because of bodily injury to or death of two or more persons in any one accident, and $15,000 because of injury to or destruction of property of others in any one accident.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.006. Motor Vehicle Liability Insurance for Peace Officers and Fire Fighters

Sec. 142.006.  MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE OFFICERS AND FIRE FIGHTERS.  (a)  This section does not apply to a municipality covered by Section 142.007.
(b)  A municipality shall provide for insuring each peace officer and fire fighter in its employ against liability to third persons arising out of the operation, maintenance, or use of a motor vehicle owned or leased by the municipality.
(c)  The liability coverage provided under this section must be in amounts not less than those required by Chapter 601, Transportation Code, to provide proof of financial responsibility.
(d)  The municipality may elect to be self-insured or to reimburse the actual cost of extended automobile liability insurance endorsements obtained by a peace officer and fire fighter on an individually owned automobile liability insurance policy.  The extended endorsements must:
(1)  be in the amount required by Subsection (c);  and
(2)  extend the coverage to include the operation and use of vehicles by a peace officer or fire fighter in the scope of the officer's or fire fighter's employment.
(e)  If the reimbursement method is used, the municipality may require that a peace officer or fire fighter who operates and uses a motor vehicle present proof that an extended coverage endorsement has been purchased and is in effect for the period of reimbursement.
(f)  In this section, "motor vehicle" means any motor vehicle for which motor vehicle automobile insurance may be written under Subchapter A, Chapter 5, Insurance Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 268, Sec. 38, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 165, Sec. 30.216, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.007. Motor Vehicle Liability Insurance for Fire and Police Department Officers and Employees in Municipality of 1,550,000 or More

Sec. 142.007.  MOTOR VEHICLE LIABILITY INSURANCE FOR FIRE AND POLICE DEPARTMENT OFFICERS AND EMPLOYEES IN MUNICIPALITY OF 1,550,000 OR MORE.  (a)  A municipality with a population of 1,550,000 or more shall insure the officers and employees of its fire and police departments against liability to third persons arising out of the operation, maintenance, or use of a motor vehicle owned or leased by the municipality.
(b)  The municipality may elect to be self-insured or may purchase insurance from an insurance company authorized to do business in this state.
(c)  Insurance purchased by the municipality must be on forms approved by the State Board of Insurance.
(d)  The municipality may not purchase liability insurance in excess of $100,000 because of bodily injury to or death of one person in any one accident, $300,000 because of bodily injury to or death of two or more persons in any one accident, and $10,000 because of injury to or destruction of property of others in any one accident.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.008. Salary Continuation Payments; Subrogation

Sec. 142.008.  SALARY CONTINUATION PAYMENTS;  SUBROGATION.  (a)  If a municipality pays benefits to a municipal employee under a salary continuation program when the employee is injured, the municipality is subrogated to the employee's right of recovery for personal injuries caused by the tortious conduct of a third party other than another employee of the same municipality.
(b)  The subrogation extends only to payments made by the municipality.
(c)  A municipality may not deny benefits under a salary continuation program because a municipal employee has a cause of action against a third party for personal injuries.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.009. Payment for Appearances of Fire Fighters and Police Officers in Court or Administrative Proceedings

Sec. 142.009.  PAYMENT FOR APPEARANCES OF FIRE FIGHTERS AND POLICE OFFICERS IN COURT OR ADMINISTRATIVE PROCEEDINGS.  (a)  A municipality shall pay a fire fighter or police officer for an appearance as a witness in a criminal suit, a civil suit, or an administrative proceeding in which the municipality or other political subdivision or government agency is a party in interest if the appearance:
(1)  is required;
(2)  is made on time off;  and
(3)  is made by the fire fighter or police officer in the capacity of a fire fighter or police officer.
(b)  Payment under this section is at the fire fighter's or police officer's regular rate of pay.
(c)  Payment under this section may be taxed as court costs in civil suits.
(d)  This section does not reduce or prohibit compensation paid in excess of the regular rate of pay.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 412 (H.B. 1960), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 412 (H.B. 1960), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.010. Definitions

Sec. 142.010.  DEFINITIONS.  (a)  In this chapter, "member of the fire department" means an employee of the fire department who is defined as "fire protection personnel" by Section 419.021, Government Code.
(b)  In this chapter, "member of the police department" means an employee of the police department who has been licensed as a peace officer by the Commission on Law Enforcement Standards and Education.
Added by Acts 1989, 71st Leg., ch. 92, Sec. 2, eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.1032, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.011. Educational Leave

Sec. 142.011.  EDUCATIONAL LEAVE.  (a)  On written application by a member of the police department, a municipality may grant the person a leave of absence to enable the person to enroll full-time in college to pursue a course of study related to law enforcement or public safety.
(b)  The person is entitled to continue receiving employee benefits, including health and life insurance and accumulation of retirement credit, while on leave under Subsection (a) if the person pays both the person's and the municipality's share of the cost of the benefits.
(c)  On reinstatement, the person shall receive full seniority credit for the time spent on leave under Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 853, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.012. Overtime Compensation for Certain Police Department Officers and Civilian Employees

Sec. 142.012.  OVERTIME COMPENSATION FOR CERTAIN POLICE DEPARTMENT OFFICERS AND CIVILIAN EMPLOYEES.  (a)  This section applies only to a municipality with a population of one million or more that has not adopted Chapter 143.
(b)  Subject to the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), a municipality may but is not required to establish a system under which compensation is paid or compensatory time off is allowed for overtime worked by the following officers and employees of the municipality's police department:
(1)  a police officer who has a rank above the rank of captain and whose appointment to the officer's current rank was not based at least in part on the officer's performance on a competitive examination;  or
(2)  a civilian who receives a salary greater than the lowest base salary that the municipality pays a captain and whose appointment to the civilian's current position was not based at least in part on the civilian's performance on a competitive examination.
Added by Acts 2001, 77th Leg., ch. 928, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.051. Applicability

Sec. 142.051.  APPLICABILITY.  (a)  Except as provided by Subsection (b), this subchapter applies only to:
(1)  a municipality, and a police officer in a municipality, with a population of 50,000 or more;
(2)  a municipality, and a police officer in a municipality, that has adopted Chapter 143; or
(3)  a police officer not covered by a collective bargaining agreement adopted under Chapter 174 in a municipality that has adopted Chapter 174 for police officers in the police department, and the municipality that appoints or employs such a police officer.
(b)  This subchapter does not apply to:
(1)  a police officer who is covered by a collective bargaining agreement adopted under Chapter 174;
(2)  a police officer who is covered by an agreement adopted under Subchapter H, I, or J, Chapter 143;
(3)  a municipality that has a population of one million or more and has not adopted Chapter 143; or
(4)  a municipality that has adopted Subchapter I, Chapter 143, in an election authorized by Section 143.3015.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1305 (S.B. 772), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.052. Definitions

Sec. 142.052.  DEFINITIONS.  In this subchapter:
Text of subdivision effective until January 01, 2025
(1)  "Police officer" means a person who is a peace officer under Article 2.12, Code of Criminal Procedure, or other law, and who is employed by a municipality.
Text of subdivision effective on January 01, 2025
(1)  "Police officer" means a person who is a peace officer under Article 2A.001, Code of Criminal Procedure, or other law, and who is employed by a municipality.
(2)  "Police officers association" means an employee organization in which police officers employed by a municipality participate that exists for the purpose, in whole or in part, of dealing with the municipality or public employer concerning grievances, labor disputes, wages, rates of pay, hours of work, or conditions of work affecting police officers.
(3)  "Public employer" means a municipality or a law enforcement agency of the municipality that is required to establish the wages, salaries, rates of pay, hours of work, working conditions, and other terms and conditions of employment of police officers employed by the municipality.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.139, eff. January 1, 2025.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.053. Petition for Recognition: Election or Action by Governing Body

Sec. 142.053.  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 a police officers association a petition signed by the majority of all police officers, excluding the head of the law enforcement agency for the municipality and excluding the employees exempt under Section 142.058(b), that requests recognition of the association as the sole and exclusive bargaining agent for all the police officers employed by the municipality, excluding the head of the law enforcement agency for the municipality and excluding the exempt employees, the governing body shall:
(1)  grant recognition of the association as requested in the petition and determine by majority vote that a public employer may meet and confer under this subchapter without conducting an election by the voters in the municipality under Section 142.055;
(2)  defer granting recognition of the association and order an election by the voters in the municipality under Section 142.055 regarding whether a public employer may meet and confer under this subchapter; or
(3)  order a certification election under Section 142.054 to determine whether the association represents a majority of the affected police officers.
(b)  If the governing body of a municipality orders a certification election under Subsection (a)(3) and the association named in the petition is certified to represent a majority of the affected police officers of the municipality, the governing body shall, not later than the 30th day after the date that results of that election are certified:
(1)  grant recognition of the association as requested in the petition for recognition and determine by majority vote that a public employer may meet and confer under this subchapter without conducting an election by the voters in the municipality under Section 142.055; or
(2)  defer granting recognition of the association and order an election by the voters in the municipality under Section 142.055 regarding whether a public employer may meet and confer under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.054. Certification Election

Sec. 142.054.  CERTIFICATION ELECTION.  (a)  Except as provided by Subsection (b), a certification election ordered under Section 142.053(a)(3) to determine whether a police officers association represents a majority of the covered police officers shall be conducted according to procedures agreeable to the parties.
(b)  If the parties are unable to agree on procedures for the certification election, either party may request the American Arbitration Association to conduct the election and to certify the results of the election.
(c)  Certification of the results of an election under this section resolves the question concerning representation.
(d)  The association is liable for the expenses of the certification election, except that if two or more associations seeking recognition as the sole and exclusive bargaining agent submit a petition signed by at least 30 percent of the police officers eligible to sign the petition for recognition, all the associations named in any petition shall share equally the costs of the election.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.055. Election to Authorize Operating Under This Subchapter

Sec. 142.055.  ELECTION TO AUTHORIZE OPERATING UNDER THIS SUBCHAPTER.  (a)  The governing body of a municipality that receives a petition for recognition under Section 142.053 may order an election to determine whether a public employer may meet and confer under this subchapter.
(b)  An election ordered under this section must be held as part of the next regularly scheduled general election for municipal officials that is held after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law.
(c)  The ballot for an election ordered under this section shall be printed to permit voting for or against the proposition:  "Authorizing __________ (name of the municipality) to operate under the state law allowing a municipality to meet and confer and make agreements with the association representing municipal police officers 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 subchapter only if a majority of the votes cast at the election favor the proposition.
(f)  If an election authorized under this section is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 142.053 before the second anniversary of the date of the election.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.056. Change or Modification of Recognition

Sec. 142.056.  CHANGE OR MODIFICATION OF RECOGNITION.  (a)  The police officers may modify or change the recognition of the association granted under this subchapter by filing with the governing body of the municipality a petition signed by a majority of all covered police officers.
(b)  The governing body of the municipality may:
(1)  recognize the change or modification as provided by the petition; or
(2)  order a certification election in accordance with Section 142.054 regarding whether to do so.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.057. Strikes Prohibited

Sec. 142.057.  STRIKES PROHIBITED.  (a)  A police officer employed by a municipality may not engage in a strike or organized work stoppage against this state or the municipality.
(b)  A police officer who participates in a strike forfeits any civil service rights, reemployment rights, and other rights, benefits, or privileges the police officer may have as a result of the officer's employment or prior employment with the municipality.
(c)  This section does not affect the right of a person to cease work if the person is not acting in concert with others in an organized work stoppage.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.058. Recognition of Police Officers Association

Sec. 142.058. RECOGNITION OF POLICE OFFICERS ASSOCIATION.  (a)  A public employer in a municipality that chooses to meet and confer under this subchapter shall recognize an association that is recognized under Section 142.053 or 142.054 as the sole and exclusive bargaining agent for the covered police officers described in the petition for recognition, excluding the head of the law enforcement agency and excluding the employees exempt under Subsection (b), in accordance with this subchapter and the petition.
(b)  For the purposes of Subsection (a), exempt employees are the employees appointed by the head of the law enforcement agency of the municipality under Section 143.014 or that are exempt by the mutual agreement of the recognized police officers association and the public employer.
(c)  The public employer shall recognize the police officers association until recognition of the association is withdrawn, in accordance with Section 142.056, by a majority of the police officers eligible to sign a petition for recognition.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.059. General Provisions Relating to Agreements

Sec. 142.059.  GENERAL PROVISIONS RELATING TO AGREEMENTS.  (a)  A municipality acting under this subchapter may not be denied local control over the wages, salaries, rates of pay, hours of work, or other terms and conditions of employment to the extent the public employer and the police officers association recognized as the sole and exclusive bargaining agent under this subchapter agree as provided by this subchapter, if the agreement is ratified and not withdrawn in accordance with this subchapter.  Applicable statutes and applicable local orders, ordinances, and civil service rules apply to an issue not governed by the meet and confer agreement.
(b)  A meet and confer agreement under this subchapter must be written.
(c)  This subchapter does not require a public employer or a recognized police officers association to meet and confer on any issue or reach an agreement.
(d)  A public employer and the recognized police officers association may meet and confer only if the association does not advocate an illegal strike by public employees.
(e)  While a meet and confer agreement under this subchapter between the public employer and the recognized police officers association is in effect, the public employer may not accept a petition, with regard to the police officers of the municipality requesting an election to adopt:
(1)  municipal civil service under Chapter 143; or
(2)  collective bargaining under Chapter 174.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.060. Selection of Bargaining Agent; Bargaining Unit

Sec. 142.060.  SELECTION OF BARGAINING AGENT; BARGAINING UNIT.  (a)  The public employer's chief executive officer or the chief executive officer's designee shall select one or more persons to represent the public employer as its sole and exclusive bargaining agent to meet and confer on issues related to the wages, hours of employment, and other terms and conditions of employment of police officers by the municipality.
(b)  A police officers association may designate one or more persons to negotiate or bargain on the association's behalf.
(c)  A municipality's bargaining unit is composed of all the police officers of the municipality who are not the head of the law enforcement agency or exempt under Section 142.058(b).
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.061. Protected Rights of Police Officer

Sec. 142.061.  PROTECTED RIGHTS OF POLICE OFFICER.  (a)  For any disciplinary appeal, a member of the municipality's bargaining unit may be represented by the police officers association or by any person the member selects.
(b)  A meet and confer agreement ratified under this subchapter may not interfere with the right of a member of a bargaining unit to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission or to pursue affirmative action litigation.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.062. Open Records

Sec. 142.062.  OPEN RECORDS.  (a)  A proposed meet and confer agreement and a document prepared and used by the municipality, including a public employer, in connection with the proposed agreement are available to the public under Chapter 552, Government Code, only after the agreement is ready to be ratified by the governing body of the municipality.
(b)  This section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used in connection with the agreement.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.063. Open Deliberations

Sec. 142.063.  OPEN DELIBERATIONS.  (a)  Deliberations relating to a meet and confer agreement or proposed agreement under this subchapter between representatives of the public employer and representatives of the police officers association elected by a majority vote of the officers to be the sole and exclusive bargaining agent of the covered officers must be open to the public and comply with state law.
(b)  Subsection (a) may not be construed to prohibit the representatives of the public employer or the representatives of the police officers association from conducting private caucuses that are not open to the public during meet and confer negotiations.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.064. Ratification and Enforceability of Agreement

Sec. 142.064.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.  (a)  An agreement under this subchapter is enforceable and binding on the public employer, the recognized police officers association, and the police officers covered by the meet and confer agreement only if:
(1)  the governing body of the municipality ratified the agreement by a majority vote; and
(2)  the recognized police officers association ratified the agreement by conducting a secret ballot election at which the majority of the police officers who would be covered by the agreement favored ratifying the agreement.
(b)  A meet and confer agreement ratified as described by Subsection (a) may establish a procedure by which the parties agree to resolve disputes related to a right, duty, or obligation provided by the agreement, including binding arbitration on a question involving interpretation of the agreement.
(c)  A state district court of a judicial district in which the municipality is located has jurisdiction to hear and resolve a dispute under the ratified meet and confer agreement on the application of a party to the agreement aggrieved by an action or omission of the other party when the action or omission is related to a right, duty, or obligation provided by the agreement.  The court may issue proper restraining orders, temporary and permanent injunctions, or any other writ, order, or process, including contempt orders, that are appropriate to enforcing the agreement.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.065. Action or Election to Repeal Authorization to Operate Under This Subchapter

Sec. 142.065.  ACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS SUBCHAPTER.  (a)  The governing body of a municipality that granted recognition of a police officers association under Section 142.053 without conducting an election under Section 142.055 may withdraw recognition of the association by providing to the association not less than 90 days' written notice that:
(1)  the governing body is withdrawing recognition of the association; and
(2)  any agreement between the governing body and the association will not be renewed.
(b)  The governing body of a municipality that granted recognition of a police officers association after conducting an election under Section 142.055 may order an election to determine whether a public employer may continue to meet and confer under this subchapter.  The governing body may not order an election under this subsection until the second anniversary of the date of the election under Section 142.055.
(c)  An election ordered under Subsection (b) must be held  as part of the next regularly scheduled general election for municipal officers that occurs after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law.
(d)  The ballot for an election ordered under Subsection (b) shall be printed to allow voting for or against the proposition:  "Authorizing __________ (name of the municipality) to continue to operate under the state law allowing a municipality to meet and confer and make agreements with the association representing municipal police officers 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 subchapter only if a majority of the votes cast at the election favor the proposition.
(g)  If an election ordered under Subsection (b) is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 142.053 before the second anniversary of the date of the election.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.066. Election to Repeal Agreement

Sec. 142.066.  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 recognized police officers association, 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 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.  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 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 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.067. Agreement Supersedes Conflicting Provisions

Sec. 142.067.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  A written meet and confer agreement ratified under this subchapter 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 the head of the law enforcement agency or municipality or by a division or agent of the municipality, such as a personnel board or a civil service commission.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter B. Local Control of Police Officer Employment Matters in Certain Municipalities › Section 142.068. Effect on Existing Benefits and Rights

Sec. 142.068.  EFFECT ON EXISTING BENEFITS AND RIGHTS.  (a)  This subchapter may not be construed as repealing any existing benefit provided by statute or ordinance concerning police officers' 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 subchapter is in addition to the benefits provided by existing statutes and ordinances.
(b)  This subchapter may not be construed to interfere with a police officer's constitutionally protected rights of freedom of speech, freedom of association, and freedom to endorse or dissent from any agreement.
Added by Acts 2005, 79th Leg., Ch. 1193 (H.B. 304), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.101. Applicability

Sec. 142.101.  APPLICABILITY.  (a)  Except as provided by Subsection (b), this subchapter applies only to a municipality:
(1)  with a population of 50,000 or more; or
(2)  that has adopted Chapter 143.
(b)  This subchapter does not apply to a municipality that:
(1)  has adopted Chapter 174;
(2)  is covered by Subchapter H, I, or J, Chapter 143; or
(3)  has a population of one million or more and has not adopted Chapter 143.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.102. Definitions

Sec. 142.102.  DEFINITIONS.  In this subchapter:
(1)  "Firefighter" means a person who is defined as fire protection personnel under Section 419.021, Government Code, and who is employed by a municipality.
(2)  "Firefighters association" means an employee organization in which firefighters employed by a municipality participate that exists for the purpose, in whole or in part, of dealing with the municipality or public employer concerning grievances, labor disputes, wages, rates of pay, hours of work, or conditions of work affecting firefighters.
(3)  "Public employer" means a municipality or the fire department of the municipality that is required to establish the wages, salaries, rates of pay, hours of work, working conditions, and other terms and conditions of employment of firefighters employed by the municipality.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.103. Petition for Recognition: Election or Action by Governing Body

Sec. 142.103.  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 a firefighters association a petition signed by the majority of all firefighters, excluding the head of the fire department for the municipality and excluding the employees exempt under Section 142.108(b), that requests recognition of the association as the sole and exclusive bargaining agent for all the firefighters employed by the municipality, excluding the head of the fire department for the municipality and excluding the exempt employees, the governing body shall:
(1)  grant recognition of the association as requested in the petition and determine by majority vote regarding whether a public employer may meet and confer under this subchapter without conducting an election by the voters in the municipality under Section 142.105;
(2)  defer granting recognition of the association and order an election by the voters in the municipality under Section 142.105 regarding whether a public employer may meet and confer under this subchapter; or
(3)  order a certification election under Section 142.104 to determine whether the association represents a majority of the affected firefighters.
(b)  If the governing body of a municipality orders a certification election under Subsection (a)(3) and the association named in the petition is certified to represent a majority of the affected firefighters of the municipality, the governing body shall, not later than the 30th day after the date that results of that election are certified:
(1)  grant recognition of the association as requested in the petition for recognition and determine by majority vote that a public employer may meet and confer under this subchapter without conducting an election by the voters in the municipality under Section 142.105; or
(2)  defer granting recognition of the association and order an election by the voters in the municipality under Section 142.105 regarding whether a public employer may meet and confer under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), 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 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter C. Local Control of Firefighter Employment › Section 142.104. Certification Election

Sec. 142.104.  CERTIFICATION ELECTION.  (a)  Except as provided by Subsection (b), a certification election ordered under Section 142.103(a)(3) to determine whether a firefighters association represents 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)  The association is liable for the expenses of the certification election, except that if two or more associations seeking recognition as the sole and exclusive bargaining agent submit a petition signed by at least 30 percent of the firefighters eligible to sign the petition for recognition, all the associations named in any petition shall share equally the costs of the election.
Added by Acts 2005, 79th Leg., Ch. 262 (H.B. 2892), Sec. 2, eff. September 1, 2005.