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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.127. Grievance Procedure

Sec. 143.127.  GRIEVANCE PROCEDURE.  (a)  Except as otherwise provided by this subsection, a fire fighter or police officer may file a grievance as provided by this subchapter that relates to any aspect of the fire fighter's or police officer's employment covered by this chapter.  The fire fighter or police officer may not file a grievance relating to:
(1)  a disciplinary suspension, indefinite suspension, promotional pass over, or demotion or other action or decision for which a hearing, review, or appeal is otherwise provided by this chapter; or
(2)  an allegation of discrimination based, in whole or in part, on race, color, religion, sex, or national origin.
(b)  The director shall monitor and assist the operation of the grievance procedure.  The director's duties include:
(1)  aiding the departments and departmental grievance counselors;
(2)  notifying the parties of meetings;
(3)  docketing cases before the grievance examiner;  and
(4)  ensuring that the grievance procedure operates timely and effectively.
(c)  The department head shall appoint from among the members of the department a grievance counselor whose duties include:
(1)  providing appropriate grievance forms to a fire fighter or police officer;
(2)  accepting, on behalf of the department head, a step I or II grievance;
(3)  assisting the fire fighter or police officer in handling the grievance;
(4)  forwarding a copy of a step I or II grievance form to the director and notifying the department head;
(5)  arranging a meeting between the fire fighter or police officer and that person's immediate supervisor as prescribed by Section 143.128(b);
(6)  arranging the meeting of the fire fighter or police officer and that person's department head or the department head's designated representative as prescribed by Section 143.129(b);  and
(7)  performing duties that the department head may assign.
(d)  The grievance procedure consists of four steps.  In any step of the grievance process in which the aggrieved fire fighter's or police officer's immediate supervisor is included, the department head or the departmental grievance counselor may add an appropriate supervisor who is not the fire fighter's or police officer's immediate supervisor or may designate that supervisor to replace the person's immediate supervisor, if the department head or grievance counselor determines that the other supervisor has the authority to resolve the person's grievance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 33(b), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 854, Sec. 9, eff. June 14, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.128. Step I Grievance Procedure

Sec. 143.128.  STEP I GRIEVANCE PROCEDURE.  (a)  To begin a grievance action, a fire fighter or police officer must file a completed written step I grievance form with the person's department head or departmental grievance counselor within 30 days after the date the fire fighter or police officer knew or should have known of the action or inaction for which the person feels aggrieved occurred.  A step I grievance form may be obtained from the departmental grievance counselor.  If the form is not timely filed, the grievance is waived.
(b)  If the form is filed, the departmental grievance counselor shall arrange a meeting of the fire fighter or police officer, that person's immediate supervisor or other appropriate supervisor or both, and the person or persons against whom the grievance is lodged.  The departmental grievance counselor shall schedule the step I meeting within 30 calendar days after the date the grievance is filed. If the grievance is lodged against the department head, the department head may send a representative.
(c)  The fire fighter's or police officer's immediate supervisor or other appropriate supervisor, or both, shall fully, candidly, and openly discuss the grievance with the fire fighter or police officer in a sincere attempt to resolve it.
(d)  Regardless of the outcome of the meeting, the fire fighter's or police officer's immediate supervisor or other appropriate supervisor, or both, shall provide a written response to the fire fighter or police officer, with a copy to the grievance counselor, within 15 calendar days after the date the meeting occurs.  The response must include the supervisor's evaluation and proposed solution.  The response shall either be personally delivered to the fire fighter or police officer or be mailed by certified mail, return receipt requested, to the last home address provided by that person.
(e)  If the proposed solution is not acceptable, the fire fighter or police officer may file a step II grievance form with the department head or the departmental grievance counselor in accordance with Section 143.129.  If the aggrieved fire fighter or police officer fails to timely file a step II grievance form, the solution is considered accepted.
(f)  If the supervisor does not provide the response required by Subsection (d) before the 16th day after the date the meeting occurs, the department head shall sustain the fire fighter's or police officer's grievance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 33(c), eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 353, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.130. Step Iii Grievance Procedure

Sec. 143.130.  STEP III GRIEVANCE PROCEDURE.  (a)  To continue the grievance procedure, the fire fighter or police officer must complete a step III grievance form and file it with the director within 15 calendar days after the date the fire fighter or police officer receives the department head's response under Section 143.129.
(b)  The director shall arrange a hearing of the fire fighter or police officer and a grievance examiner to be appointed by the commission under Section 143.132.  The hearing shall be held within 15 of the aggrieved fire fighter's or police officer's working days after the date the step III grievance form is filed under Subsection (a).
(c)  A hearing shall be conducted as an informal administrative procedure. Grievances arising out of the same or similar fact situations may be heard at the same hearing. A court reporter shall record the hearing.  All witnesses shall be examined under oath.  The fire fighter or police officer, that person's immediate supervisor or other appropriate supervisor or both, the department head or the department head's designated representative or both, and each person specifically named in the grievance are parties to the hearing.  The burden of proof is on the aggrieved fire fighter or police officer.
(d)  The grievance examiner shall make written findings and a recommendation for solution of the grievance within 15 calendar days after the date the hearing ends.  The findings and recommendation shall be given to the commission and copies mailed to the fire fighter or police officer by certified mail, return receipt requested, at the last home address provided by that person, and to the department head.
(e)  If the proposed solution is not acceptable to either the fire fighter or police officer or the department head, either party may file a step IV grievance form with the director in accordance with Section 143.131.  If the fire fighter or police officer or the department head fails to timely file a step IV grievance form, the solution is considered accepted by that person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 33(e), eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 353, Sec. 3, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.131. Step Iv Grievance Procedure

Sec. 143.131.  STEP IV GRIEVANCE PROCEDURE.  (a)  If the department head or the fire fighter or police officer rejects the proposed solution under Section 143.130, the department head, the department head's designated representative, or the fire fighter or police officer must complete a step IV grievance form and file it with the director within 15 calendar days after the date the person receives the grievance examiner's recommendation.
(b)  The commission shall review the grievance examiner's findings and recommendation and consider the transcript of the step III hearing at the commission's next regularly scheduled meeting or as soon as practicable.  The transcript shall be filed within 30 days of the step IV grievance being filed.  The commission may for good cause shown grant a reasonable delay not to exceed 30 days to file the transcript.  In no event may the commission render a decision later than 30 days after the transcript is filed.  If the commission does not render a decision within 30 days after the date the transcript is filed, the commission shall sustain the fire fighter's or police officer's grievance.
(c)  The commission shall base its decision solely on the transcript and demonstrative evidence offered and accepted at the step III hearing.  The commission shall furnish a written copy of the order containing its decision to the fire fighter or police officer, the department head, and the grievance examiner.  The copy to the fire fighter or police officer shall be mailed by certified mail, return receipt requested, to the last home address provided by that person.  The commission decision is final.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 33(f), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 854, Sec. 11, eff. June 14, 1989;  Acts 1995, 74th Leg., ch. 353, Sec. 4, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.132. Grievance Examiner

Sec. 143.132.  GRIEVANCE EXAMINER.  (a)  The commission shall appoint a grievance examiner by a majority vote.  The commission may appoint more than one grievance examiner if necessary.  The commission may appoint a different grievance examiner for each grievance.  An examiner may not be affiliated with any other municipal department and is responsible only to the commission.  The commission shall pay an examiner from a special budget established for this purpose, and the director shall provide an examiner sufficient office space and clerical support.
(b)  The grievance examiner may:
(1)  impose a reasonable limit on the time allowed each party and the number of witnesses to be heard;
(2)  administer oaths;
(3)  examine a witness under oath;
(4)  subpoena and require the attendance or production of witnesses, documents, books, or other pertinent material;  and
(5)  accept affidavits instead of or in addition to live testimony.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.133. Special Provisions for Steps I and Ii

Sec. 143.133.  SPECIAL PROVISIONS FOR STEPS I AND II.  (a)  If the aggrieved fire fighter's or police officer's immediate supervisor is the department head, the steps prescribed by Sections 143.128 and 143.129 are combined.  The department head shall meet with the aggrieved fire fighter or police officer and may not appoint a representative.
(b)  A department head, with the approval of the commission, may change the procedure prescribed by Sections 143.128 and 143.129 to reflect a change in a department's chain of command.
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 H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.201. Population

Sec. 143.201.  POPULATION.  This subchapter applies only to a municipality with a population of 1.5 million or more, but does not apply to a municipality that has adopted The Fire and Police Employee Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes).
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.202. Definitions

Sec. 143.202.  DEFINITIONS.  In this subchapter:
(1)  "Fire fighters association" means an organization in which fire fighters participate and which exists for the purpose, in whole or in part, of dealing with one or more employers, whether public or private, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work affecting public employees.
(2)  "Public employer" means any municipality or agency, board, commission, or political subdivision controlled by a municipality which is required to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of public employees.  The term may include, under appropriate circumstances, a mayor, manager, administrator of a municipality, municipal governing body, director of personnel, personnel board, or one or more other officials, regardless of the name by which they are designated.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.203. General Provisions Relating to Agreements, Recognition, and Strikes

Sec. 143.203.  GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied local control over the wages, salaries, rates of pay, hours of work, and other terms and conditions of employment, or other state-mandated personnel issues, if the public employer and the fire fighters association recognized as the sole and exclusive bargaining agent for all officers covered by this subchapter come to a mutual agreement on any of the terms listed above.  If no agreement is reached, the existing state laws, local ordinances, and civil service rules remain unaffected.  All agreements shall be reduced to writing.  Nothing in this subchapter shall require either party to meet and confer on any issue or reach an agreement.
(b)  A public employer may only meet and confer if the fire fighters association recognized under this subchapter as the sole and exclusive bargaining agent does not advocate the illegal right to strike by public employees.
(c)  Fire fighters of a municipality may not engage in strikes or organized work stoppages against this state or a political subdivision of this state.  A fire fighter who participates in a strike forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges the fire fighter enjoys as a result of employment or prior employment, except that the right of an individual to cease work may not be abridged if the individual is not acting in concert with others in an organized work stoppage.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.204. Recognition of Fire Fighter Association

Sec. 143.204.  RECOGNITION OF FIRE FIGHTER ASSOCIATION.  (a)  A fire fighters association submitting a petition signed by a majority of the paid fire fighters in the municipality, excluding the head of the department and assistant department heads in the rank or classification immediately below that of the department head, may be recognized by the public employer as the sole and exclusive bargaining agent for all of the covered fire fighters unless and until recognition of the association is withdrawn by a majority of those fire fighters.
(b)  In the event of a question about whether a fire fighters association represents a majority of the covered fire fighters, the question shall be resolved by a fair election conducted according to procedures agreeable to the parties.  If the parties are unable to agree on such procedures, either party may request the American Arbitration Association to conduct the election and to certify the results.  Certification of the results of an election resolves the question concerning representation.  The fire fighters association is liable for the expenses of the election, except that if two or more associations seeking recognition as the bargaining agent submit petitions signed by a majority of the covered fire fighters, the associations shall share equally the costs of the election.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.205. Open Records Required

Sec. 143.205.  OPEN RECORDS REQUIRED.  All documents relating to an agreement between a fire fighters association and a public employer shall be available to the public pursuant to state statutes.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.206. Enforceability of Agreement

Sec. 143.206.  ENFORCEABILITY OF AGREEMENT.  (a)  A written agreement made under this subchapter between a public employer and a fire fighters association recognized as the sole and exclusive bargaining agent is enforceable and binding upon the public employer, the fire fighters association recognized as the sole and exclusive bargaining agent, and fire fighters covered by the agreement if:
(1)  the municipality's governing body ratified the agreement by a majority vote;  and
(2)  the fire fighters association ratified the agreement by a majority of the votes received in a referendum of its members by secret ballot.
(b)  The state district court of the judicial district in which the municipality is located has full authority and jurisdiction on the application of either party aggrieved by an action or omission of the other party when the action or omission is related to a right, duty, or obligation provided by any written agreement ratified by both the public employer and the fire fighters association.  The court may issue proper restraining orders, temporary and permanent injunctions, and any other writ, order, or process, including contempt orders, that are appropriate to enforcing any written agreement ratified by both the public employer and the fire fighters association.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 373, Sec. 1, eff. May 28, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.207. Agreement Supersedes Conflicting Provisions

Sec. 143.207.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  (a)  A written agreement under this subchapter between a public employer and the fire fighters association recognized as the sole and exclusive bargaining agent supersedes a previous statute concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of employment to the extent of any conflict with the previous statute.
(b)  A written agreement under this subchapter preempts all contrary local ordinances, executive orders, legislation, or rules adopted by the state or a political subdivision or agent of the state, such as a personnel board, a civil service commission, or a home-rule municipality.
(c)  An agreement under this subchapter may not diminish or qualify any right, benefit, or privilege of an employee under this chapter or other law unless approved by a majority of the votes received in a secret ballot referendum of the members of the fire fighters association recognized as the sole and exclusive bargaining agent.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 373, Sec. 2, eff. May 28, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.208. Repeal of Agreement by Electorate

Sec. 143.208.  REPEAL OF AGREEMENT BY ELECTORATE.  Within 45 days after an agreement is ratified and signed by both the municipality and the fire fighters association recognized as the sole and exclusive bargaining agent, a petition signed by a number of registered voters equal to 10 percent of the votes cast at the most recent mayoral general election may be presented to the municipal secretary calling an election for the repeal of the agreement.  Thereupon, the governing body shall reconsider the agreement and, if it does not repeal the agreement, shall call an election of the qualified voters to determine if they desire to repeal the agreement.  The election shall be called for the next municipal election or a special election called by the governing body for that purpose.  If at the election a majority of the votes are cast in favor of the repeal of the adoption of the agreement, then the agreement shall become null and void.  The ballot shall be printed to provide for voting FOR or AGAINST the proposition:
"Repeal of the adoption of the agreement ratified by the municipality and the fire fighters association concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of employment."
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.15, 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 H. Local Control of Fire Fighter Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.209. Protected Rights of Individual Employees

Sec. 143.209.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.  (a)  For the purpose of any disciplinary appeal to either the civil service commission or a hearing examiner, all members of the bargaining unit shall have the right to choose to be represented by any person of their choice or the fire fighters association.
(b)  No agreement shall interfere in the right of members of the fire fighters association to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Commission on Human Rights or the Equal Employment Opportunity Commission or to pursue affirmative action litigation.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.301. Municipalities Covered by Subchapter

Sec. 143.301.  MUNICIPALITIES COVERED BY SUBCHAPTER.  This subchapter applies only to a municipality with a population of 460,000 or more that operates under a city manager form of government.  This subchapter does not apply to a municipality:
(1)  that has adopted Chapter 174 (The Fire and Police Employee Relations Act);  or
(2)  to which Subchapter H  applies.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.302. Definitions

Sec. 143.302.  DEFINITIONS.  In this subchapter:
(1)  "Association" means an organization in which fire fighters or police officers participate and that exists for the purpose, in whole or in part, of dealing with one or more employers, whether public or private, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work affecting public employees.
(2)  "Public employer" means any municipality or agency, board, commission, or political subdivision controlled by a municipality that is required to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of public employees.  The term may include, under appropriate circumstances, a mayor, manager, administrator of a municipality, municipal governing body, director of personnel, or personnel board or one or more other officials, regardless of the name by which they are designated.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.303. General Provisions Relating to Agreements, Recognition, and Strikes

Sec. 143.303.  GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied local control over wages, salaries, rates of pay, hours of work, other terms and conditions of employment, or other personnel issues on which the public employer and an association that is recognized as the sole and exclusive bargaining agent for all fire fighters or police officers in the municipality agree.  A term or condition on which the public employer and the association do not agree is governed by the applicable statutes, local ordinances, and civil service rules.  An agreement must be reduced to writing.  This subchapter does not require the public employer and the association to meet and confer or reach an agreement on any issue.
(b)  A public employer and an association recognized under this subchapter as a sole and exclusive bargaining agent may meet and confer only if the association does not advocate the illegal right to strike by public employees.
(c)  A fire fighter or police officer of a municipality may not engage in a strike or organized work stoppage against this state or a political subdivision of this state.  A fire fighter or police officer who participates in a strike forfeits all civil service rights, reemployment rights, and other rights, benefits, or privileges the fire fighter or police officer enjoys as a result of the person's employment or previous employment with the municipality.  This subsection does not affect the right of a person to cease employment if the person is not acting in concert with other fire fighters or police officers.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.304. Recognition of Fire Fighters or Police Officers Association

Sec. 143.304.  RECOGNITION OF FIRE FIGHTERS OR POLICE OFFICERS ASSOCIATION.  (a)  The public employer may recognize an association that submits a petition signed by a majority of the paid fire fighters or police officers in the municipality, excluding the head of the department and assistant department heads in the rank or classification immediately below that of the department head, as the sole and exclusive bargaining agent for all of the covered fire fighters or police officers unless recognition of the association is withdrawn by a majority of the covered fire fighters or police officers.
(b)  A question of whether an association is the majority representative of the covered fire fighters or police officers shall be resolved by a fair election conducted according to procedures agreed on by the parties.  If the parties are unable to agree on election procedures, either party may request the American Arbitration Association to conduct the election and to certify the results.  Certification of the results of an election under this subsection resolves the question concerning representation.  The association shall pay the costs of the election, except that if two or more associations seeking recognition as the bargaining agent submit petitions signed by a majority of the covered fire fighters or police officers, the associations shall share equally the costs of the election.
(c)  The public employer's manager or chief executive and the police chief or fire chief, as appropriate, shall designate a team to represent the public employer as its sole and exclusive bargaining agent for issues related to the fire department and a separate team to represent the public employer as its sole and exclusive bargaining agent for issues related to the police department.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.305. Open Records Required

Sec. 143.305.  OPEN RECORDS REQUIRED.  An agreement made under this subchapter is a public record for purposes of Chapter 552, Government Code.  The agreement and any document prepared and used by the municipality in connection with the agreement are available to the public under the open records law, Chapter 552, Government Code, only after the agreement is ratified by the municipality's governing body.  This section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used by the municipality in connection with the agreement.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.306. Enforceability of Agreement

Sec. 143.306.  ENFORCEABILITY OF AGREEMENT.  (a)  A written agreement made under this subchapter between a public employer and an association is binding on the public employer, the association, and fire fighters or police officers covered by the agreement if:
(1)  the municipality's governing body ratifies the agreement by a majority vote;  and
(2)  the applicable association ratifies the agreement by a majority vote of its members by secret ballot.
(b)  An 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 interpretation of the agreement.
(c)  The district court of the judicial district in which the municipality is located has full authority and jurisdiction on the application of either party aggrieved by an act or omission of the other party related to a right, duty, or obligation provided by a written agreement ratified as described by Subsection (a).  The court may issue proper restraining orders, temporary and permanent injunctions, or any other writ, order, or process, including a contempt order, that is appropriate to enforce the agreement.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.307. Agreement Supersedes Conflicting Provisions

Sec. 143.307.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  (a)  An agreement under this subchapter supersedes a previous statute concerning wages, salaries, rates of pay, hours of work, or other terms and conditions of employment to the extent of any conflict with the statute.
(b)  An agreement under this subchapter preempts any contrary statute, executive order, local ordinance, or rule adopted by the state or a political subdivision or agent of the state, including a personnel board, a civil service commission, or a home-rule municipality.
(c)  An agreement under this subchapter may not diminish or qualify any right, benefit, or privilege of an employee under this chapter or other law unless approved by a majority vote by secret ballot of the members of the association recognized as a sole and exclusive bargaining agent.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.308. Repeal of Agreement by Electorate

Sec. 143.308.  REPEAL OF AGREEMENT BY ELECTORATE.  Not later than the 45th day after the date an agreement is ratified by both the municipality and the association, a petition signed by at least 10 percent of the qualified voters of the municipality may be presented to the municipal secretary calling an election for the repeal of the agreement.  On receipt of the petition by the municipal secretary, the governing body shall reconsider the agreement and either repeal the agreement or call an election of the qualified voters to determine if they desire to repeal the agreement.  The election shall be called for the next municipal election or a special election called by the governing body for that purpose.  If at the election a majority of the votes are cast in favor of the repeal of the adoption of the agreement, the agreement is void.  The ballot shall be printed to permit voting for or against the proposition:  "Repeal of the adoption of the agreement ratified by the municipality and the __________ (fire fighters or police officers, as appropriate) association concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of employment."
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.309. Protected Rights of Individual Employees

Sec. 143.309.  PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES.  (a)  For the purpose of any disciplinary appeal to the civil service commission or to a hearing examiner, a member of the bargaining unit may choose to be represented by any person of the member's choice or by the association.
(b)  An agreement 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 Commission on Human Rights or the Equal Employment Opportunity Commission or to pursue affirmative action litigation.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.310. Binding Interest Arbitration

Sec. 143.310.  BINDING INTEREST ARBITRATION.  A municipality may be required to submit to binding interest arbitration only if approved by a majority of those voting in a public referendum conducted in accordance with the municipality's charter.  This subsection does not affect any disciplinary arbitration or arbitration provision in a ratified agreement.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.311. Appointments to Classification Immediately Below Department Head

Sec. 143.311.  APPOINTMENTS TO CLASSIFICATION IMMEDIATELY BELOW DEPARTMENT HEAD.  Section 143.014(c) does not apply to a municipality to which this subchapter applies.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 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 I. Fire Fighter and Police Officer Employment Matters in Certain Municipalities › Section 143.313. Polygraph Examinations

Sec. 143.313.  POLYGRAPH EXAMINATIONS.  (a)  This section does not apply to a municipality to which Section 143.124 applies.
(b)  A fire fighter employed by the municipality may not be required to submit to a polygraph examination as part of an internal investigation regarding the conduct of the fire fighter unless:
(1)  the complainant submits to and passes a polygraph examination;  or
(2)  the fire fighter is ordered to take an examination under Subsection (f).
(c)  Subsection (b) does not apply if the complainant is physically or mentally incapable of being polygraphed.
(d)  For the purposes of this section, a fire fighter passes a polygraph examination if, in the opinion of the polygraph examiner, no deception is indicated in the examination regarding matters critical to the subject matter under investigation.
(e)  The results of a polygraph examination that relate to the complaint under investigation are not admissible in a proceeding before the commission or a hearing examiner.
(f)  The head of the fire department may order a fire fighter to submit to a polygraph examination if the fire department head:
(1)  considers the circumstances to be extraordinary;  or
(2)  believes that the integrity of a fire fighter or the fire department is in question.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 1997, 75th Leg., ch. 1303, Sec. 3, eff. June 20, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.351. Applicability

Sec. 143.351.  APPLICABILITY.  This subchapter applies only to a municipality with a population of 1.5 million or more but does not apply to a municipality that has adopted Chapter 174.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.352. Definitions

Sec. 143.352.  DEFINITIONS.  In this subchapter:
(1)  "Bargaining agent" means the police employee group selected under Section 143.354 to represent all police officers employed by the municipality, excluding the department head and assistant department heads, during negotiations with the public employer.
(2)  "Police employee group" means an organization:
(A)  in which at least three percent of the police officers of the municipality participate and pay dues via automatic payroll deduction;  and
(B)  which exists for the purpose, in whole or part, of dealing with the municipality concerning grievances, labor disputes, wages, rates of pay, benefits other than pension benefits, hours of employment, or conditions of work affecting police officers.
(3)  "Public employer" means any municipality or agency, board, commission, or political subdivision controlled by a municipality that is required to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of police officers.  The term includes, under appropriate circumstances, a mayor, manager, administrator of a municipality, municipal governing body, director of personnel, personnel board, or one or more other officials, regardless of the name by which they are designated.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1464, 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 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.353. General Provisions Relating to Agreements, Recognition, and Strikes

Sec. 143.353.  GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.  (a)  A municipality may not be denied local control over the wages, salaries, rates of pay, hours of work, and other terms of employment, or other state-mandated personnel issues, if the public employer and the bargaining agent come to a mutual agreement on any of the terms of employment.  If an agreement is not reached, the state laws, local ordinances, and civil service rules remain unaffected.  All agreements shall be written.  Nothing in this subchapter requires either party to meet and confer on any issue or reach an agreement.
(b)  A public employer may only meet and confer if the bargaining agent does not advocate the illegal right to strike by public employees.
(c)  Police officers of a municipality may not engage in strikes or organized work stoppages against this state or a political subdivision of this state.  A police officer who participates in a strike or work stoppage forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges the police officer enjoys as a result of employment or prior employment.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 143 - Municipal Civil Service for Firefighters and Police Officers › Subchapter J. Local Control of Police Officer Employment Matters in Municipalities With Population of 1.5 Million or More › Section 143.358. Open Records Required

Sec. 143.358.  OPEN RECORDS REQUIRED.  All documents relating to an agreement between a bargaining agent and a public employer shall be available to the public in accordance with state statutes.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1464, Sec. 5, eff. Sept. 1, 2001.