2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle A - Municipal Officers and Employees › Chapter 142 - Assistance, Benefits, and Working Conditions of Municipal Officers and Employees › Subchapter A. General Provisions › Section 142.013. Business Leave Time Account for Police Officers in Certain Municipalities

Sec. 142.013.  BUSINESS LEAVE TIME ACCOUNT FOR POLICE OFFICERS IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to police officers employed by a municipality with a population of one million or more that has not adopted Chapter 174 and to which Section 143.1261 does not apply.
(b)  In this section:
(1)  "Business leave" means leave taken for the purpose of attending to the business of an employee organization.
(2)  "Employee organization" includes:
(A)  the Texas Peace Officers Association;
(B)  the Dallas Police Association;
(C)  the Dallas Fraternal Order of Police;
(D)  the Latino Peace Officers Association; and
(E)  the Black Police Association of Greater Dallas.
(c)  If the constitution and bylaws of an employee  organization authorize the employee organization to participate  in the establishment and maintenance of a business leave time account as provided by this section, a police officer may donate not more than two hours for each month of accumulated vacation or compensatory time to the business leave time account of the employee organization.  The municipality shall establish and maintain a business leave time account for each employee organization.
(d)  Donations to the business leave time account of an employee organization by its members may be authorized in one of the following ways:
(1)  if the majority of the membership of the employee organization has not affirmatively voted to require contributions by the employee organization's members to its business leave time account:
(A)  a police officer must authorize the donation in writing on a form provided by the employee organization and approved by the municipality; and
(B)  after receiving the signed authorization on an approved form, the municipality shall transfer donated time to the account monthly until the municipality receives the police officer's written revocation of the authorization; or
(2)  if the majority of the membership of the employee organization has affirmatively voted to require contributions by the employee organization's members to its business leave time account:
(A)  except as provided by Paragraph (C), the municipality shall transfer donated time to the employee organization's business leave time account from the accumulated vacation or compensatory time of each police officer who is a member of the employee organization in the amount approved by vote of the employee organization not to exceed the amount allowed under Subsection (c);
(B)  the municipality shall transfer the donated time to the account monthly beginning with the first calendar month that begins after the date of the employee organization vote requiring contributions; and
(C)  each year, during the period beginning on the 60th day before the anniversary of the first day of the first calendar month in which donations were first transferred to the business leave time account of the employee organization under Paragraph (B) and ending on the 30th day before that anniversary, a police officer who is a member of the employee organization may inform the municipality in writing on a form provided by the employee organization and approved by the municipality that the police officer chooses to not donate time to the account during the 12-month period beginning with that anniversary.
(e)  Only a police officer who is a member of an employee organization may use for business leave purposes the time donated to the account of that employee organization.  A police officer may use for business leave purposes the time donated under this section without receiving a reduction in salary and without reimbursing the municipality.
(f)  A request to use for business leave purposes the time in an employee organization's time account must be in writing and submitted to the municipality by the president or the equivalent officer of the employee organization or by that officer's designee.
(g)  The municipality shall grant a request for business leave that complies with Subsection (f) unless:
(1)  denial of the request is necessary because of an emergency;  or
(2)  a grant of the request will result in having an insufficient number of police officers to carry out the normal functions of the municipality.
(h)  The municipality shall account for the time donated to the account and used from the account.  The municipality shall credit and debit the account on an hour-for-hour basis regardless of the cash value of the time donated or used.
(i)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1011, Sec. 2, eff. September 1, 2013.
(j)  The use of business leave by a police officer under this section is not a break in service for any purpose and is treated as any other paid leave.
Added by Acts 2003, 78th Leg., ch. 447, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 734 (H.B. 1057), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1011 (H.B. 2509), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1011 (H.B. 2509), Sec. 2, eff. September 1, 2013.