reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.004. Election to Adopt or Repeal Chapter

Sec. 143.004.  ELECTION TO ADOPT OR REPEAL CHAPTER.  (a)  A municipality may hold an election to adopt or repeal this chapter as provided by this section.
(b)  If the governing body of the municipality receives a petition requesting an election that is signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters who voted in the most recent municipal election, the governing body shall order an election submitting to the voters the question of whether this chapter should be adopted.  The election must be held on the first authorized uniform election date prescribed by Chapter 41, Election Code, that occurs after the petition is filed and that allows sufficient time to comply with other requirements of law.
(c)  The ballot shall be printed to provide for voting for or against the proposition:  "Adoption of the fire fighters' and police officers' civil service law."  However, this chapter may be adopted to apply only to the fire or police department, and in that case, the ballot shall be printed to reflect the department that would be covered by this chapter.  If a majority of the votes received in the election are in favor of adoption of this chapter, the governing body shall implement this chapter.
(d)  If an election is held under Subsection (b), a petition for a subsequent election to be held under that subsection may not be filed for at least one year after the date the previous election was held.  To be valid, a petition for a subsequent election must contain the signatures of a number of qualified voters of the municipality equal to at least 20 percent of the number of voters who voted in the most recent municipal election.  Any subsequent election must be held at the next general municipal election that occurs after the petition is filed.
(e)  If the governing body of a municipality with a population of less than 950,000 that has operated under this chapter for at least one year receives a petition requesting an election to repeal this chapter that is signed by at least 10 percent of the qualified voters of the municipality, the governing body shall order an election submitting to the voters the question on whether this chapter should be repealed. If a majority of the qualified voters vote to repeal this chapter, this chapter is void in that municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 874 (H.B. 4227), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.005. Status of Employees if Chapter Adopted

Sec. 143.005.  STATUS OF EMPLOYEES IF CHAPTER ADOPTED.  (a)  Each fire fighter or police officer serving in a municipality that adopts this chapter and who has been in the service of the municipality for more than six months at the time this chapter is adopted and who is entitled to civil service classification has the status of a civil service employee and is not required to take a competitive examination to remain in the position the person occupies at the time of the adoption.
(b)  In a municipality that adopts this chapter, an employee of the fire department whose primary duties are to provide emergency medical services for the municipality is considered to be a fire fighter who is a member of the fire department performing fire medical emergency technology, entitled to civil service protection, and covered by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 1034 (H.B. 1126), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.0051. Status of Employees in Certain Fire Departments

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 129 (H.B. 263), Sec. 1
For text of section as added by Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 1, see other Sec. 143.0051.
Sec. 143.0051.  STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.  (a)  This section applies only to a fire department employee employed by a municipality with a population of 220,000 or more.  This section does not apply to a fire department employee employed by a municipality:
(1)  that has adopted Chapter 174; or
(2)  to which Subchapter H or I applies.
(b)  Notwithstanding any other provision of this chapter, a previously non-classified fire department employee who serves in a position described by Section 143.003(4)(B), (D), (G), or (J) has the status of a civil service employee and is not required to take a competitive examination to remain in the employee's position if:
(1)  the employee was appointed to that position on or before May 1, 2005, and was serving in that position on the date described by Subsection (c); and
(2)  the municipality's governing body by ordinance amends the municipality's existing classification of fire department employees to include the employee's position as provided by Section 143.021.
(c)  The civil service status of an employee to which Subsection (b) applies is effective on the date that the ordinance amending the municipality's classification system to include the employee's position takes effect.
(d)  A fire department employee who has civil service status under Subsection (b) may be promoted only:
(1)  by competitive examination in accordance with the competitive civil service procedures prescribed in this chapter; and
(2)  within the employee's existing division.
(e)  A fire department employee who has civil service status under Subsection (b) may not:
(1)  supervise or evaluate classified civil service personnel assigned to fire suppression or emergency medical operations; or
(2)  laterally transfer to fire suppression or emergency medical operations.
(f)  If a fire department employee who has civil service status under Subsection (b) leaves the employee's position for any reason, a person selected to fill that position must be selected in accordance with the competitive civil service procedures prescribed in this chapter.
Added by Acts 2005, 79th Leg., Ch. 129 (H.B. 263), Sec. 1, eff. May 24, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.0051. Status of Employees in Certain Fire Departments

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 869 (S.B. 1050), Sec. 1
For text of section as added by Acts 2005, 79th Leg., Ch. 129 (H.B. 263), Sec. 1, see other Sec. 143.0051.
Sec. 143.0051.  STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.  (a)  This section applies only to a fire department employee employed by a municipality with a population of 150,000 or more and with a governing body of five or fewer members.
(b)  Notwithstanding any other provision of this chapter, a previously nonclassified fire department employee who serves in a position described by Section 143.003(4)(B), (D), (G), or (J) has the status of a civil service employee and is not required to take a competitive examination to remain in the employee's position if:
(1)  the employee was appointed to that position on or before May 1, 2005, and was serving in that position on the date described by Subsection (c); and
(2)  the municipality's governing body by ordinance amends the municipality's existing classification of fire department employees to include the employee's position as provided by Section 143.021.
(c)  The civil service status of an employee to which Subsection (b) applies is effective on the date that the ordinance amending the municipality's classification system to include the employee's position takes effect.
(d)  A fire department employee who has civil service status under Subsection (b) may be promoted only:
(1)  by competitive examination in accordance with the competitive civil service procedures prescribed in this chapter; and
(2)  within the employee's existing division.
(e)  A fire department employee who has civil service status under Subsection (b) may not:
(1)  supervise or evaluate classified civil service personnel assigned to fire suppression or emergency medical operations; or
(2)  laterally transfer to fire suppression or emergency medical operations.
(f)  If a fire department employee who has civil service status under Subsection (b) leaves the employee's position for any reason, a person selected to fill that position must be selected in accordance with the competitive civil service procedures prescribed in this chapter.
Added by Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.0052. Fee for Emergency Medical Services

Sec. 143.0052.  FEE FOR EMERGENCY MEDICAL SERVICES.  (a)  This section applies only to a municipality that:
(1)  has a population of more than 220,000 and less than 275,000;
(2)  is located in a county in which another municipality that has a population of more than one million is predominately located; and
(3)  whose emergency medical services are administered by a fire department.
(b)  By resolution of its governing body, a municipality may establish a monthly fee for the costs of emergency medical services, including salary and overtime related to medical personnel.  This fee is applicable to each and every customer served by a municipal water account and may be collected in conjunction with the bill for water services.
(c)  A municipality acting under this section supersedes any authority established under Chapter 286, Health and Safety Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 69, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 131, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.007. Removal of Commission Member

Sec. 143.007.  REMOVAL OF COMMISSION MEMBER.  (a)  If at a meeting held for that purpose the governing body of the municipality finds that a commission member is guilty of misconduct in office, the governing body may remove the member.  The member may request that the meeting be held as an open hearing in accordance with Chapter 551, Government Code.
(b)  If a commission member is indicted or charged by information with a criminal offense involving moral turpitude, the member shall be automatically suspended from office until the disposition of the charge.  Unless the member pleads guilty or is found to be guilty, the member shall resume office at the time of disposition of the charge.
(c)  The governing body may appoint a substitute commission member during a period of suspension.  If a member pleads guilty to or is found to be guilty of a criminal offense involving moral turpitude, the governing body shall appoint a replacement commission member to serve the remainder of the disqualified member's term of office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.008. Adoption and Publication of Rules

Sec. 143.008.  ADOPTION AND PUBLICATION OF RULES.  (a)  A commission shall adopt rules necessary for the proper conduct of commission business.
(b)  The commission may not adopt a rule permitting the appointment or employment of a person who is:
(1)  without good moral character;
(2)  physically or mentally unfit;  or
(3)  incompetent to discharge the duties of the appointment or employment.
(c)  The commission shall adopt rules that prescribe cause for removal or suspension of a fire fighter or police officer.  The rules must comply with the grounds for removal prescribed by Section 143.051.
(d)  The commission shall publish each rule it adopts and each classification and seniority list for the fire and police departments.  The rules and lists shall be made available on demand.  A rule is considered to be adopted and sufficiently published if the commission adopts the rule by majority vote and causes the rule to be written, typewritten, or printed.  Publication in a newspaper is not required and the governing body of the municipality is not required to act on the rule.
(e)  A rule is not valid and binding on the commission until the commission:
(1)  mails a copy of the rule to the commissioner, if the municipality has an elected commissioner, and to department heads of the fire and police departments;
(2)  posts a copy of the rule for a seven-day period at a conspicuous place in the central fire and police stations;  and
(3)  mails a copy of the rule to each branch fire station.
(f)  The director shall keep copies of all rules for free distribution to members of the fire and police departments who request copies and for inspection by any interested person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.009. Commission Investigations and Inspections

Sec. 143.009.  COMMISSION INVESTIGATIONS AND INSPECTIONS.  (a)  The commission or a commission member designated by the commission may investigate and report on all matters relating to the enforcement and effect of this chapter and any rules adopted under this chapter and shall determine if the chapter and rules are being obeyed.
(b)  During an investigation, the commission or the commission member may:
(1)  administer oaths;
(2)  issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, and accounts relating to the investigation;  and
(3)  cause the deposition of witnesses residing inside or outside the state.
(c)  A deposition taken in connection with an investigation under this section must be taken in the manner prescribed by law for taking a similar deposition in a civil action in federal district court.
(d)  An oath administered or a subpoena issued under this section has the same force and effect as an oath administered by a magistrate in the magistrate's judicial capacity.
(e)  A person who fails to respond to a subpoena issued under this section commits an offense punishable as prescribed by Section 143.016.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.010. Commission Appeal Procedure

Sec. 143.010.  COMMISSION APPEAL PROCEDURE.  (a)  Except as otherwise provided by this chapter, if a fire fighter or police officer wants to appeal to the commission from an action for which an appeal or review is provided by this chapter, the fire fighter or police officer need only file an appeal with the commission within 10 days after the date the action occurred.
(b)  The appeal must include the basis for the appeal and a request for a commission hearing.  The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements.
(c)  In each hearing, appeal, or review of any kind in which the commission performs an adjudicatory function, the affected fire fighter or police officer is entitled to be represented by counsel or a person the fire fighter or police officer chooses.  Each commission proceeding shall be held in public.
(d)  The commission may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and for the production of documentary material.
(e)  The affected fire fighter or police officer may request the commission to subpoena any books, records, documents, papers, accounts, or witnesses that the fire fighter or police officer considers pertinent to the case.  The fire fighter or police officer must make the request before the 10th day before the date the commission hearing will be held.  If the commission does not subpoena the material, the commission shall, before the third day before the date the hearing will be held, make a written report to the fire fighter or police officer stating the reason it will not subpoena the requested material.  This report shall be read into the public record of the commission hearing.
(f)  Witnesses may be placed under the rule at the commission hearing.
(g)  The commission shall conduct the hearing fairly and impartially as prescribed by this chapter and shall render a just and fair decision.  The commission may consider only the evidence submitted at the hearing.
(h)  The commission shall maintain a public record of each proceeding with copies available at cost.
(i)  In addition to the requirements prescribed by this section, an appeal to the commission in a municipality with a population of 1.5 million or more must meet the requirements prescribed by Section 143.1015.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 25(b), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1248, Sec. 48, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.011. Decisions and Records

Sec. 143.011.  DECISIONS AND RECORDS.  (a)  Each concurring commission member shall sign a decision issued by the commission.
(b)  The commission shall keep records of each hearing or case that comes before the commission.
(c)  Each rule, opinion, directive, decision, or order issued by the commission must be written and constitutes a public record that the commission shall retain on file.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.012. Director

Sec. 143.012.  DIRECTOR.  (a)  On adoption of this chapter, the office of Director of Fire Fighters' and Police Officers' Civil Service is established in the municipality.  The commission shall appoint the director.  The director shall serve as secretary to the commission and perform work incidental to the civil service system as required by the commission.  The commission may remove the director at any time.
(b)  A person appointed as director must meet each requirement for appointment to the commission prescribed by Section 143.006(c), except that in a municipality with a population of less than 1.5 million, the person is not required to meet the local residency requirement.
(c)  A person appointed as director may be a commission member, a municipal employee, or some other person.
(d)  The municipality's governing body shall determine the salary, if any, to be paid to the director.
(e)  If, immediately before this chapter takes effect in a municipality, the municipality has a duly and legally constituted director of civil service, regardless of title, that director shall continue in office as the director established by this section and shall administer the civil service system as prescribed by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 355, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.013. Appointment and Removal of Department Head

Sec. 143.013.  APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD.  (a)  Unless elected, each department head is:
(1)  appointed by the municipality's chief executive and confirmed by the municipality's governing body;  or
(2)  in a municipality having an elected fire or police commissioner, appointed by the fire or police commissioner in whose department the vacancy exists and confirmed by the municipality's governing body.
(b)  A person appointed as head of a fire department must be eligible for certification by the Texas Commission on Fire Protection at the intermediate level or its equivalent as determined by that commission and must have served as a fully paid fire fighter for at least five years.  A person appointed as head of a police department must be eligible for certification by the Texas Commission on Law Enforcement at the intermediate level or its equivalent as determined by that commission and must have served as a bona fide law enforcement officer for at least five years.
(c)  Except as provided by Subsection (d), if a person is removed from the position of department head, the person shall be reinstated in the department and placed in a position with a rank not lower than that held by the person immediately before appointment as department head.  The person retains all rights of seniority in the department.
(d)  If a person serving as department head is charged with an offense in violation of civil service rules and is dismissed from the civil service or discharged from his position as department head, the person has the same rights and privileges of a hearing before the commission and in the same manner and under the same conditions as a classified employee.  If the commission finds that the charges are untrue or unfounded, the person shall immediately be restored to the same classification that the person held before appointment as department head.  The person has all the rights and privileges of the prior position according to seniority and shall be paid his full salary for the time of suspension.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.48, eff. May 18, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.015. Appeal of Commission Decision to District Court

Sec. 143.015.  APPEAL OF COMMISSION DECISION TO DISTRICT COURT.  (a)  If a fire fighter or police officer is dissatisfied with any commission decision, the fire fighter or police officer may file a petition in district court asking that the decision be set aside.  The petition must be filed within 10 days after the date the final commission decision:
(1)  is sent to the fire fighter or police officer by certified mail;  or
(2)  is personally received by the fire fighter or police officer or by that person's designee.
(b)  An appeal under this section is by trial de novo.  The district court may grant the appropriate legal or equitable relief necessary to carry out the purposes of this chapter.  The relief may include reinstatement or promotion with back pay if an order of suspension, dismissal, or demotion is set aside.
(c)  The court may award reasonable attorney's fees to the prevailing party and assess court costs against the nonprevailing party.
(d)  If the court finds for the fire fighter or police officer, the court shall order the municipality to pay lost wages to the fire fighter or police officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter A. General Provisions › Section 143.016. Penalty for Violation of Chapter

Sec. 143.016.  PENALTY FOR VIOLATION OF CHAPTER.  (a)  A fire fighter or police officer commits an offense if the person violates this chapter.
(b)  An offense under this section or Section 143.009 is a misdemeanor punishable by a fine of not less than $10 or more than $100, confinement in the county jail for not more than 30 days, or both fine and confinement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.021. Classification; Examination Requirement

Sec. 143.021.  CLASSIFICATION;  EXAMINATION REQUIREMENT.  (a)  The commission shall provide for the classification of all fire fighters and police officers.  The municipality's governing body shall establish the classifications by ordinance.  The governing body by ordinance shall prescribe the number of positions in each classification.
(b)  Except for the department head and a person the department head appoints in accordance with Section 143.014 or 143.102, each fire fighter and police officer is classified as prescribed by this subchapter and has civil service protection.  The failure of the governing body to establish a position by ordinance does not result in the loss of civil service benefits by a person entitled to civil service protection or appointed to the position in substantial compliance with this chapter.
(c)  Except as provided by Sections 143.013, 143.014, 143.0251, 143.102, and 143.1251, an existing position or classification or a position or classification created in the future either by name or by increase in salary may be filled only from an eligibility list that results from an examination held in accordance with this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 64, Sec. 1, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.022. Physical Requirements and Examinations

Sec. 143.022.  PHYSICAL REQUIREMENTS AND EXAMINATIONS.  (a)  The commission shall set the age and physical requirements for applicants for beginning and promotional positions in accordance with this chapter.  The requirements must be the same for all applicants.
(b)  The commission shall require each applicant for a beginning or a promotional position to take an appropriate physical examination.  The commission may require each applicant for a beginning position to take a mental examination.  The examination shall be administered by a physician, psychiatrist, or psychologist, as appropriate, appointed by the commission.  The municipality shall pay for each examination.
(c)  If an applicant is rejected by the physician, psychiatrist, or psychologist, as appropriate, the applicant may request another examination by a board of three physicians, psychiatrists, or psychologists, as appropriate, appointed by the commission.  The applicant must pay for the board examination.  The board's decision is final.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.023. Eligibility for Beginning Position

Sec. 143.023.  ELIGIBILITY FOR BEGINNING POSITION.  (a)  A person may not take an entrance examination for a beginning position in the police department unless the person is at least 18 years of age.  A person may not take an entrance examination for a beginning position in the fire department unless the person is at least 18 years of age but not 36 years of age or older.
(b)  A person may not be certified as eligible for a beginning position in a fire department if the person is 36 years of age or older.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 418 (H.B. 1661), Sec. 1, eff. September 1, 2023.
(d)  An applicant may not be certified as eligible for a beginning position with a fire department unless the applicant meets all legal requirements necessary to become eligible for future certification by the Commission on Fire Protection Personnel Standards and Education.
(e)  An applicant may not be certified as eligible for a beginning position with a police department unless the applicant meets all legal requirements necessary to become eligible for future licensing by the Texas Commission on Law Enforcement.
(f)  Each police officer and fire fighter affected by this chapter must be able to read and write English.
(g)  In addition to meeting the requirements prescribed by this section, an applicant for a beginning position in a police department in a municipality with a population of 1.5 million or more must meet the requirements prescribed by Section 143.105.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 380 (S.B. 1421), Sec. 1, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch. 273 (S.B. 461), Sec. 1, eff. May 30, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.49, eff. May 18, 2013.
Acts 2023, 88th Leg., R.S., Ch. 418 (H.B. 1661), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.024. Entrance Examination Notice

Sec. 143.024.  ENTRANCE EXAMINATION NOTICE.  (a)  Before the 10th day before the date an entrance examination is held, the commission shall cause a notice of the examination to be posted in plain view on a bulletin board located in the main lobby of the city hall and in the commission's office.  The notice must show the position to be filled or for which the examination is to be held, and the date, time, and place of the examination.
(b)  The notice required by Subsection (a) must also state the period during which the eligibility list created as a result of the examination will be effective.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.0251. Reappointment After Resignation

Sec. 143.0251.  REAPPOINTMENT AFTER RESIGNATION.  The commission may adopt rules to allow a police officer who voluntarily resigns from the department to be reappointed to the department without taking another departmental entrance examination.
Added by Acts 1995, 74th Leg., ch. 64, Sec. 2, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.026. Procedure for Filling Beginning Positions

Sec. 143.026.  PROCEDURE FOR FILLING BEGINNING POSITIONS.  (a)  When a vacancy occurs in a beginning position in a fire or police department, the department head shall request in writing from the commission the names of suitable persons from the eligibility list.  The director shall certify to the municipality's chief executive the names of the three persons having the highest grades on the eligibility list.
(b)  From the three names certified, the chief executive shall appoint the person having the highest grade unless there is a valid reason why the person having the second or third highest grade should be appointed.
(c)  If the chief executive does not appoint the person having the highest grade, the chief executive shall clearly set forth in writing the good and sufficient reason why the person having the highest grade was not appointed.
(d)  The reason required by Subsection (c) shall be filed with the commission and a copy provided to the person having the highest grade.  If the chief executive appoints the person having the third highest grade, a copy of the report shall also be furnished to the person having the second highest grade.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.027. Probationary Period

Sec. 143.027.  PROBATIONARY PERIOD.  (a)  A person appointed to a beginning position in the fire or police department must serve a probationary period of one year beginning on that person's date of employment as a fire fighter, police officer, or academy trainee.  In a municipality with a population of less than 1.9 million, the commission by rule may extend the probationary period by not more than six months for a person who:
(1)  is not employed by a department in which a collective bargaining agreement or a meet-and-confer agreement currently exists or previously existed; and
(2)  is required to attend a basic training academy for initial certification by the Texas Commission on Fire Protection or the Texas Commission on Law Enforcement.
(b)  During a fire fighter's or police officer's probationary period, the department head shall discharge the person and remove the person from the payroll if the person's appointment was not regular or was not made in accordance with this chapter or the commission rules.
(c)  During a fire fighter's or police officer's probationary period, the person may not be prohibited from joining or required to join an employee organization.  Joining or not joining an employee organization is not a ground for retaining or not retaining a fire fighter or police officer serving a probationary period.
(d)  A fire fighter or police officer who was appointed in substantial compliance with this chapter and who serves the entire probationary period automatically becomes a full-fledged civil service employee and has full civil service protection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 909 (H.B. 148), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 11.001, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.50, eff. May 18, 2013.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.028. Eligibility for Promotion

Sec. 143.028.  ELIGIBILITY FOR PROMOTION.  (a)  Except as provided by Sections 143.013 and 143.102, a fire fighter is not eligible for promotion unless the person has served in that fire department in the next lower position or other positions specified by the commission for at least two years at any time before the date the promotional examination is held.  A fire fighter is not eligible for promotion to the rank of captain or its equivalent unless the person has at least four years' actual service in that fire department.
(b)  Except as provided by Sections 143.013 and 143.102, a police officer is not eligible for promotion unless the person has served in that police department in the next lower position or other positions specified by the commission for at least two years immediately before the date the promotional examination is held.  A police officer is not eligible for promotion to the rank of captain or its equivalent unless the person has at least four years' actual service in that police department.
(c)  If a person is recalled on active military duty for not more than 60 months, the two-year service requirements prescribed by Subsections (a) and (b) do not apply and the person is entitled to have time spent on active military duty considered as duty in the respective fire or police department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 833 (S.B. 863), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.029. Promotional Examination Notice

Sec. 143.029.  PROMOTIONAL EXAMINATION NOTICE.  (a)  Before the 90th day before the date a promotional examination is held, the commission shall post a notice that lists the sources from which the examination questions will be taken.
(b)  Before the 30th day before the date a promotional examination is held, the commission shall post a notice of the examination in plain view on a bulletin board located in the main lobby of the city hall and in the commission's office.  The notice must show the position to be filled or for which the examination is to be held, and the date, time, and place of the examination.  The commission shall also furnish sufficient copies of the notice for posting in the stations or subdepartments in which the position will be filled.
(c)  The notice required by Subsection (b) may also include the name of each source used for the examination, the number of questions taken from each source, and the chapter used in each source.
(d)  In addition to the notice prescribed by this section, a municipality with a population of 1.5 million or more must post the notice prescribed by Section 143.107.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.030. Eligibility for Fire Department Promotional Examination

Sec. 143.030.  ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL EXAMINATION.  (a)  This section does not apply to a municipality with a population of 1.5 million or more.
(b)  Each promotional examination is open to each fire fighter who at any time has continuously held for at least two years a position in the classification that is immediately below, in salary, the classification for which the examination is to be held.
(c)  If the department has adopted a classification plan that classifies positions on the basis of similarity in duties and responsibilities, each promotional examination is open to each fire fighter who has continuously held for at least two years a position at the next lower pay grade, if it exists, in the classification for which the examination is to be held.
(d)  If there are not enough fire fighters in the next lower position with two years' service in that position to provide an adequate number of persons to take the examination, the commission may open the examination to persons in that position with less than two years' service.  If there is still an insufficient number, the commission may open the examination to persons with at least two years' experience in the second lower position, in salary, to the position for which the examination is to be held.
(e)  If a fire fighter had previously terminated the fire fighter's employment with the department and is subsequently reemployed by the same department, the fire fighter must again meet the two-year service requirement for eligibility to take a promotional examination.  In determining if a fire fighter has met the two-year service requirement, a fire department may not consider service in another fire department.
(f)  This section does not prohibit lateral crossover between classes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.031. Eligibility for Police Department Promotional Examination

Sec. 143.031.  ELIGIBILITY FOR POLICE DEPARTMENT PROMOTIONAL EXAMINATION.  (a)  Each promotional examination is open to each police officer who for at least two years immediately before the examination date has continuously held a position in the classification that is immediately below, in salary, the classification for which the examination is to be held.
(b)  If the department has adopted a classification plan that classifies positions on the basis of similarity in duties and responsibilities, each promotional examination is open to each police officer who has continuously held for at least two years immediately before the examination date a position at the next lower pay grade, if it exists, in the classification for which the examination is to be held.
(c)  If there are not sufficient police officers in the next lower position with two years' service in that position to provide an adequate number of persons to take the examination, the commission shall open the examination to persons in that position with less than two years' service.  If there is still an insufficient number, the commission may open the examination to persons in the second lower position, in salary, to the position for which the examination is to be held.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.033. Promotional Examination Grades

Sec. 143.033.  PROMOTIONAL EXAMINATION GRADES.  (a)  The grading of each promotional examination shall begin when one eligible promotional candidate completes the examination.  As the eligible promotional candidates finish the examination, the examinations shall be graded at the examination location and in the presence of any candidate who wants to remain during the grading.
(b)  Each police officer is entitled to receive one point for each year of seniority as a classified police officer in that department, with a maximum of 10 points.  Each fire fighter is entitled to receive one point for each year of seniority in that department, with a maximum of 10 points.
(c)  Unless a different procedure is adopted under an alternate promotional system as provided by Section 143.035, the grade that must be placed on the eligibility list for each police officer or fire fighter shall be computed by adding the applicant's points for seniority to the applicant's grade on the written examination, but for a fire fighter applicant only if the applicant scores a passing grade on the written examination.  Each applicant's grade on the written examination is based on a maximum grade of 100 points and is determined entirely by the correctness of the applicant's answers to the questions.  The passing grade in a municipality with a population of 1.5 million or more is prescribed by Section 143.108.  In a municipality with a population of less than 1.5 million, all police officer applicants who receive a grade of at least 70 points shall be determined to have passed the examination and all fire fighter applicants who receive a grade on the written examination of at least 70 points shall be determined to have passed the examination.  If a tie score occurs, the commission shall determine a method to break the tie.
(d)  Within 24 hours after a promotional examination is held, the commission shall post the individual raw test scores on a bulletin board located in the main lobby of the city hall.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(d), eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter B. Classification and Appointment › Section 143.034. Review and Appeal of Promotional Examination

Sec. 143.034.  REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION.  (a)  On request, each eligible promotional candidate from the fire or police department is entitled to examine the person's promotional examination and answers, the examination grading, and the source material for the examination. If dissatisfied, the candidate may appeal, within five business days, to the commission for review in accordance with this chapter. In computing this period, a Saturday, Sunday, or legal holiday is not considered a business day.
(b)  The eligible promotional candidate may not remove the examination or copy a question used in the examination.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(e), eff. Aug. 28, 1989.