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 143.1055. Applicant for Beginning Position in Police Department With Previous Experience

Sec. 143.1055.  APPLICANT FOR BEGINNING POSITION IN POLICE DEPARTMENT WITH PREVIOUS EXPERIENCE.  Notwithstanding any other requirement of this chapter, for any applicant for a beginning position in the police department who has previous experience as a police officer with another police department, the police department may:
(1)  modify the police officer training academy requirements for the applicant; and
(2)  allow the applicant to take the entrance examination before completing the academy training.
Added by Acts 2005, 79th Leg., Ch. 629 (H.B. 2457), Sec. 1, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.106. Eligibility for Fire Department Promotional Examination

Sec. 143.106.  ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL EXAMINATION.  (a)  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.
(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 fire fighter who has continuously held for at least two years a position at the next lower pay grade, if it exists, in the class for which the examination is to be held.
(c)  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.
(d)  Repealed by Acts 1993, 73rd Leg., ch. 676, Sec. 4, eff. Sept. 1, 1993.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 676, Sec. 4, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.107. Promotional Examination Notice

Sec. 143.107.  PROMOTIONAL EXAMINATION NOTICE.  (a)  Notwithstanding Subsection (b), Section 143.029, before the 90th day before the date a promotional examination in a fire department 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.
(b)  Before the 30th day before the date a promotional examination is held, the municipality shall post a notice of the number of newly created positions.  The notice must 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 municipality shall also distribute the notice to all stations and subdepartments.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 263, Sec. 1, eff. Aug. 26, 1991.
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 143.109. Crossover Promotions in Police Department

Sec. 143.109.  CROSSOVER PROMOTIONS IN POLICE DEPARTMENT.  (a)  In this section:
(1)  "Communications class" includes each person who performs the technical operation of police radio communications.
(2)  "Technical class" includes each person who performs criminal laboratory analysis and interpretations or the technical aspects of criminal identification and photography.
(b)  Each person employed by the police department who is a member of the technical or communications class is eligible for a promotion within that class.
(c)  A member of the technical, communications, or uniformed and detective class is not eligible for promotion to a position outside that class, and lateral crossover by promotion is prohibited.  A person may change classes only by qualifying for and entering the new class at the lowest entry level of that class.
(d)  The department head, assistant chiefs, and deputy chiefs, or their equivalent, regardless of name or title, may exercise the full sanctions, powers, and duties of their respective offices in the supervision, management, and control of the members of the technical, communications, and uniformed and detective classes.
(e)  Each provision of this chapter relating to eligibility lists, examinations, appointments, and promotions applies to the appointment or promotion of members of the technical, communications, and uniformed and detective classes within the members' respective class.
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 143.1095. Transfers in Position in Same Classification in Fire Department

Sec. 143.1095.  TRANSFERS IN POSITION IN SAME CLASSIFICATION IN FIRE DEPARTMENT.  (a)  The head of the fire department may transfer a fire fighter from one position to another position in the same classification in the fire department if the transfer is:
(1)  a promotion or demotion of the fire fighter;
(2)  required to balance the work force;
(3)  for disciplinary reasons;
(4)  based on the seniority of the fire fighter;
(5)  a result of a mutual agreement between the department head and the fire fighter; or
(6)  for any other specified reason the department head considers necessary.
(b)  If the department head transfers a fire fighter under this section, the department head shall designate in a written statement the basis for the transfer.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 28(a), 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.110. Salary

Sec. 143.110.  SALARY.  (a)  Except as provided by Subsection (c) and Section 143.111, all fire fighters or police officers in the same classification are entitled to the same base salary.
(b)  In addition to the base salary, each fire fighter or police officer is entitled to each of the following types of pay, if applicable:
(1)  longevity pay;
(2)  seniority pay;
(3)  educational incentive pay as authorized by Section 143.112;
(4)  assignment pay as authorized by Section 143.113;  and
(5)  shift differential pay as authorized by Section 143.047.
(c)  In computing longevity pay and base pay under this section for a police officer who has completed the department's academy training requirements, the police department may include the number of years, not to exceed five, that the police officer served in another police department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1172, Sec. 2, eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 629 (H.B. 2457), 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.111. Temporary Duties in Higher Classification

Sec. 143.111.  TEMPORARY DUTIES IN HIGHER CLASSIFICATION.  (a)  The department head may designate a person from the next lower classification to temporarily fill a position in a higher classification.  The designated person is entitled to the base salary of the higher position plus the person's own longevity pay during the time the person performs the duties.  Any person who is required to act in a position of higher classification in an emergency situation shall be paid the base salary of the higher position plus the person's own longevity pay for the entire shift without respect to whether an emergency occurs on any particular shift of duty.
(b)  The temporary performance of the duties of a higher position by a person who has not been promoted as prescribed by this chapter may not be construed as a promotion of the person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 854, Sec. 12, eff. June 14, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.1115. Determination of Physical and Mental Fitness

Sec. 143.1115.  DETERMINATION OF PHYSICAL AND MENTAL FITNESS.  (a)  This section provides the exclusive procedure for determining whether a fire fighter or police officer is sufficiently physically or mentally fit to continue the person's duties or assignment.
(b)  On receiving a written order by the department head, a fire fighter or police officer shall submit to the commission a report from the person's personal physician, psychiatrist, or psychologist, as appropriate.
(c)  If the commission, the department head, or the fire fighter or police officer questions the report, the commission shall appoint a physician, psychiatrist, or psychologist, as appropriate, to examine the fire fighter or police officer and to submit a report to the commission, the department head, and the person.
(d)  If the report of the appointed physician, psychiatrist, or psychologist, as appropriate, disagrees with the report of the fire fighter's or police officer's personal physician, psychiatrist, or psychologist, as appropriate, the commission shall appoint an independent three-member board composed of a physician, a psychiatrist, and a psychologist or any combination, as appropriate, to examine the fire fighter or police officer.  The board shall submit to the commission a written report of its finding regarding whether the fire fighter or police officer is sufficiently physically or mentally fit to continue the person's duties or assignment.  The commission, at its next regularly scheduled meeting after the date it receives the report of the board, shall determine whether the fire fighter or police officer is sufficiently physically or mentally fit to continue the person's duties or assignment.  The commission shall base its determination exclusively on the report of the board.
(e)  The fire fighter or police officer shall pay the cost of the services of the person's personal physician, psychiatrist, or psychologist, as appropriate.  The municipality shall pay all other costs.
(f)  The commission may not appoint a person to serve on a board appointed under Subsection (d) if the person receives any compensation from the municipality, other than compensation for the person's services as a board member.
Added by Acts 1989, 71st Leg., ch. 890, Sec. 2, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.112. Educational Incentive Pay

Sec. 143.112.  EDUCATIONAL INCENTIVE PAY.  (a)  In this section:
(1)  "Accredited college or university" means a college or university that is:
(A)  accredited by a nationally recognized accrediting agency and by the state board of education in the state in which the college or university is located; and
(B)  approved or certified by:
(i)  the Texas Commission on Law Enforcement as teaching the core curriculum or its equivalent in law enforcement; or
(ii)  the Texas Commission on Fire Protection.
(2)  "Core curriculum in law enforcement" means those courses in law enforcement education approved by the Coordinating Board, Texas College and University System, and the Texas Commission on Law Enforcement.
(b)  The governing body of a municipality may authorize educational incentive pay for:
(1)  each fire fighter within each classification who has successfully completed courses at an accredited college or university that are applicable toward a degree in fire science;  or
(2)  each police officer within each classification who has successfully completed courses at an accredited college or university that are applicable toward a degree in law enforcement--police science and include the core curriculum in law enforcement.
(c)  The educational incentive pay is in addition to the regular pay received by a fire fighter or police officer.
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. 2.53, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.113. Assignment Pay

Sec. 143.113.  ASSIGNMENT PAY.  (a)  In this section:
(1)  "Bilingual personnel" means a member of the fire or police department who in the performance of the member's duties is capable of effectively translating orally a language other than English into English, and when necessary, effectively translating the language into written English.
(2)  "Emergency ambulance attendant" means a member of the fire department who provides emergency medical care and emergency transportation for members of the public.
(3)  "Field training officer" means a member of the fire department who is assigned to and performs the duties and responsibilities of the field training officers program.
(4)  "Hazardous materials response team personnel" means a member of the fire department who is assigned to a hazardous materials response team and stabilizes or participates in the stabilization of hazardous materials in an emergency.
(b)  The municipality's governing body may authorize assignment pay for emergency ambulance attendants, field training officers, and hazardous materials response team personnel.  The municipality's governing body may authorize assignment pay for fire fighters or police officers who perform specialized functions in their respective departments, including but not limited to career patrol officers. The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire department.  The head of the fire department or police department is not eligible for the assignment pay authorized by this subsection.
(c)  The municipality's governing body may authorize assignment pay for bilingual personnel performing specialized functions as interpreters or translators in their respective departments.  The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department.  If the ordinance applies equally to each person who meets the criteria established by the ordinance, the ordinance may provide for payment to each fire fighter or police officer who meets testing or other certification criteria for an assignment, or the ordinance may set criteria that will determine the foreign languages in which a person must be fluent or other criteria for eligibility.  The ordinance may provide for different rates of pay according to a person's capability and may allow more pay to those persons who are capable of translating orally and into written English.  The heads of the fire and police departments are not eligible for the assignment pay authorized by this subsection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 854, Sec. 5, eff. June 14, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.114. Assignment Pay in Municipality With Population of 1

Sec. 143.114.  ASSIGNMENT PAY IN MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE.  (a)  In this section:
(1)  "Bomb squad personnel" means a member of the police department who is assigned to the bomb squad and participates in the detection, handling, or disarming of explosive devices or materials.
(2)  "Helicopter personnel" means a member of the police department who pilots a helicopter or rides as an observer in a helicopter.
(3)  "Special weapons and tactics personnel" means a member of the police department who is assigned to and performs the duties and responsibilities of the special weapons and tactics squad.
(4)  "Motorcycle personnel" means a member of the police department who is assigned to and performs the duties of the motorcycle patrol detail.
(5)  "Dive team personnel" means a member of the police department who is assigned to and performs underwater search and rescue work.
(b)  In a municipality with a population of 1.5 million or more, the municipality's governing body may authorize assignment pay for:
(1)  helicopter personnel;
(2)  bomb squad personnel;
(3)  special weapons and tactics personnel;
(4)  motorcycle personnel;
(5)  dive team personnel;  and
(6)  police officers who perform specialized functions in their respective departments, including but not limited to career patrol officers.
(c)  The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the police department.  The head of the police department is not eligible for the assignment pay authorized by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 35, Sec. 1, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 289, Sec. 1, eff. Aug. 28, 1995;  Acts 2001, 77th Leg., ch. 669, Sec. 61, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 133, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.115. Payment of Accumulated Vacation Leave in Populous Municipality

Sec. 143.115.  PAYMENT OF ACCUMULATED VACATION LEAVE IN POPULOUS MUNICIPALITY.  (a)  This section applies only to a municipality with a population of 1.1 million or more.
(b)  A fire fighter or police officer who leaves the classified service for any reason is entitled to receive in a lump-sum payment the full amount of the person's salary for the period of the person's accumulated vacation leave up to a maximum of 60 working days.
(c)  A fire fighter or police officer who leaves the classified service or dies as the result of a line of duty injury or illness or the beneficiaries of that fire fighter or police officer are entitled to the full amount of the fire fighter's or police officer's salary for the total accumulated vacation leave.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 62, 63, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.1155. Accumulated Vacation and Holiday Leave

Sec. 143.1155.  ACCUMULATED VACATION AND HOLIDAY LEAVE.  A fire fighter or police officer who leaves the classified service due to disability or the beneficiary of a fire fighter or police officer who dies is entitled to receive a lump-sum payment of the full amount of the fire fighter's or police officer's accumulated vacation and holiday leave.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 2, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.116. Payment of Sick Leave on Termination of Service

Sec. 143.116.  PAYMENT OF SICK LEAVE ON TERMINATION OF SERVICE.  (a)  A fire fighter or police officer who leaves the classified service for any reason or the beneficiaries of a fire fighter or police officer who dies as a result of a line of duty injury or illness are entitled to receive in a lump-sum payment the full amount of the fire fighter's or police officer's accumulated sick leave as provided by Subsections (b)-(e).
(b)  A fire fighter or police officer hired before September 1, 1985, is entitled to have sick leave accumulated without limit.  Sick leave accumulated before September 1, 1985, is valued at the amount of the fire fighter's or police officer's salary on August 31, 1985.  Sick leave accumulated after September 1, 1985, is valued at the fire fighter's or police officer's average salary in the fiscal year in which the sick leave was accumulated.
(c)  Each day or part of a day of sick leave used by a fire fighter or police officer is charged to that person's earliest acquired unused accumulated day of sick leave, in the same manner as is used in the "first in, first out" accounting principle.
(d)  Each fire fighter or police officer hired before September 1, 1985, may select coverage under the municipal ordinance governing sick leave benefits and policy for the municipal employees who are not subject to this chapter.  This option is a onetime only option that expires on December 31 of the year in which this section takes effect in that municipality.
(e)  The sick leave of a fire fighter or police officer who becomes a member of the fire or police department on or after September 1, 1985, is covered by the municipal ordinance governing sick leave benefits and policy for the municipal employees who are not subject to this chapter.
(f)  The municipality shall provide in its annual budget a sum reasonably calculated to provide funding for sick leave benefits for the fiscal year covered by that budget.
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 143.117. Disciplinary Suspensions

Sec. 143.117.  DISCIPLINARY SUSPENSIONS.  (a)  The head of the fire or police department may suspend a fire fighter or police officer under the department head's supervision or jurisdiction for disciplinary reasons for a reasonable period not to exceed 15 days.
(b)  The department head may suspend a fire fighter or police officer under this section only if the person violates a civil service rule.  However, the department head may not suspend a fire fighter or police officer later than the 180th day after the date the department discovers or becomes aware of the civil service rule violation.  If, during an investigation of an alleged civil service rule violation, it is alleged that the fire fighter or police officer under investigation committed another violation of a civil service rule connected with the first alleged violation, the 180-day period prescribed by this subsection does not begin again for purposes of a suspension of the fire fighter or police officer if the second violation in question does not involve untruthfulness or refusal to obey a valid order to make a statement, and therefore the department head may not suspend a fire fighter or police officer for the second violation later than the 180th day after the date the department discovers or becomes aware of the original violation.
(c)  If the department head suspends a fire fighter or police officer, the department head shall, within 120 hours after the fire fighter or police officer is notified of the suspension, file a written statement of action with the commission.
(d)  The suspension is void and the fire fighter or police officer is entitled to the person's full pay if:
(1)  the department head fails to file the statement during the required time; or
(2)  the suspension is imposed later than the 180th day after the date the department discovers or becomes aware of the violation that resulted in the suspension.
(e)  A fire fighter or police officer may appeal a disciplinary suspension as prescribed by Sections 143.010 and 143.1015.
(f)  The provisions of Subsections (d) and (e) of Section 143.119 of this chapter apply to this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 25(e), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 409, Sec. 1, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 854, Sec. 6, eff. June 14, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.118. Appeal of Disciplinary Suspension

Sec. 143.118.  APPEAL OF DISCIPLINARY SUSPENSION.  (a)  If a suspended fire fighter or police officer appeals a disciplinary suspension to the commission, the commission shall determine if just cause exists for the suspension.
(b)  If the commission finds that the period of disciplinary suspension should be reduced, the commission may order a reduction in the period of suspension.  The commission may reverse the department head's decision and instruct the department head to immediately restore the fire fighter or police officer to the person's prior position and to repay the person for any lost wages.
(c)  If the department head refuses to obey a commission order, the provisions of Section 143.120 relating to the department head's refusal apply.
(d)  The provisions of Subsections (b) and (e) of Section 143.120 of this chapter apply to this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 854, Sec. 7, eff. June 14, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.119. Indefinite Suspensions

Sec. 143.119.  INDEFINITE SUSPENSIONS.  (a)  The head of the fire or police department may indefinitely suspend a fire fighter or police officer under the department head's supervision or jurisdiction for the violation of a civil service rule.
(b)  If the department head suspends a fire fighter or police officer, the department head shall, within 120 hours after the hour of suspension, file a written statement with the commission giving the reasons for the suspension.  The department head shall immediately deliver a copy of the statement in person to the suspended fire fighter or police officer.
(c)  The copy of the written statement must inform the suspended fire fighter or police officer that if the person wants to appeal to the commission, the person must file a written appeal with the commission within 10 days after the date the person receives the copy of the statement.
(d)  The written statement filed by the department head with the commission must point out the civil service rule alleged to have been violated by the suspended fire fighter or police officer and must describe the alleged acts of the person that the department head contends are in violation of the civil service rules.  It is not sufficient for the department head merely to refer to the provisions of the rules alleged to have been violated.
(e)  If the department head does not specifically point out in the written statement the act or acts of the fire fighter or police officer that allegedly violated civil service rules, the commission shall promptly reinstate the person.
(f)  If the department head offers a suspension of 16 to 90 calendar days for violation of civil service rules, the fire fighter or police officer may agree in writing to voluntarily accept the suspension, with no right of appeal.  The fire fighter or police officer must accept the offer within five working days after the date the offer is made.  If the person refuses the offer and wants to appeal to the commission, the person must file a written appeal with the commission within 15 days after the date the person receives the copy of the written statement of suspension.
(g)  In the original written statement and charges and in any hearing conducted under this chapter, the department head may not complain of an act that did not occur within the six-month period preceding the date on which the department head suspends 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.120. Appeal of Indefinite Suspension

Sec. 143.120.  APPEAL OF INDEFINITE SUSPENSION.  (a)  Except as provided by Section 143.1015(g), if a suspended fire fighter or police officer appeals an indefinite suspension to the commission, the commission shall hold a hearing and render a decision in writing within 30 days after the date it receives notice of appeal.
(b)  In a hearing conducted under this section, the department head is restricted to the department head's original written statement and charges, which may not be amended.
(c)  In its decision, the commission shall state whether the suspended fire fighter or police officer is:
(1)  permanently dismissed from the fire or police department;
(2)  temporarily suspended from the department;  or
(3)  restored to the person's former position or status in the department's classified service.
(c-1)  A temporary suspension of a firefighter under Subsection (c)(2) may not exceed 90 calendar days.
(d)  If the suspended fire fighter or police officer is restored to the position or class of service from which the person was suspended, the department head shall immediately reinstate the person as ordered, and the person is entitled to full compensation at the rate of pay provided for the position or class of service from which the person was suspended for the actual time lost as a result of the suspension, as provided by Section 143.1215.  If the department head fails to reinstate the fire fighter or police officer, the person is entitled to the person's salary as if the person had been regularly reinstated.
(e)  The commission may suspend or dismiss a fire fighter or police officer only for violation of civil service rules and only after a finding by the commission of the truth of specific charges against the fire fighter or police officer.
(f)  If the department head intentionally refuses, for at least 10 days, to obey an order to reinstate a fire fighter or police officer, the municipality's chief executive or governing body shall discharge the department head from employment with the municipality.
(g)  If a department head intentionally refuses to obey a lawful commission order of reinstatement, the commission may punish the department head for contempt.  The commission has the same authority to punish for contempt as has a justice of the peace.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 25(f), 29(b), eff. Aug. 28, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1161 (H.B. 2516), Sec. 1, eff. June 17, 2011.
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 143.121. Appeal to District Court

Sec. 143.121.  APPEAL TO DISTRICT COURT.  Each appeal of an indefinite suspension to a district court shall be advanced on the district court docket and given a preference setting over all other cases.
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 143.1215. Reinstatement

Sec. 143.1215.  REINSTATEMENT.  (a)  If the commission, a hearing examiner, or a district court orders that a fire fighter or police officer suspended without pay be reinstated, the municipality shall, before the end of the second full pay period after the date the person is reinstated, repay to the person all wages lost as a result of the suspension.
(b)  If the municipality does not fully repay all lost wages to the fire fighter or police officer as provided by this section, the municipality shall pay the person an amount equal to the lost wages plus accrued interest.
(c)  Interest under Subsection (b) accrues beginning on the date of the fire fighter's or police officer's reinstatement at a rate equal to three percent plus the rate for court judgments under Chapter 304, Finance Code, that is in effect on the date of the person's reinstatement.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 29(c), eff. Aug. 28, 1989.  Amended by Acts 1997, 75th Leg., ch. 1396, Sec. 36, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 7.80, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.1216. Certain Nondisciplinary Actions

Sec. 143.1216.  CERTAIN NONDISCIPLINARY ACTIONS.  (a)  The department may use a supervisory intervention procedure or a policy and procedure inquiry to modify a police officer's behavior through:
(1)  positive encouragement;
(2)  counseling;
(3)  job skills training;
(4)  repeat task performances, classes, or exercises;  or
(5)  reeducation efforts, including a review of:
(A)  general department orders;
(B)  standard operating procedures;  or
(C)  lesson plans from a police officer training academy.
(b)  A supervisory intervention procedure or a policy and procedure inquiry regarding a police officer is not considered a disciplinary action for any purpose.
(c)  A police officer who is the subject of a supervisory intervention procedure or a policy and procedure inquiry may not file an appeal or grievance regarding the action taken by the department.
(d)  The department may not include a record of a supervisory intervention procedure or a policy and procedure inquiry regarding a police officer in the police officer's personnel file maintained under Section 143.089 or in the department file maintained under Section 143.089(g).
(e)  The department may include a record of a supervisory intervention procedure or a policy and procedure inquiry regarding a police officer in a file maintained by the division of the department in which the police officer is employed.  The record in the division file may be considered in a periodic performance evaluation of the police officer's performance only if the supervisory intervention procedure or policy and procedure inquiry occurred during the performance period that is the subject of the performance evaluation.
(f)  The department may maintain an electronic record of supervisory intervention procedures or policy and procedure inquiries that may be used only by the department for tracking and statistical purposes.
Added by Acts 2001, 77th Leg., ch. 748, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.122. Uncompensated Duty

Sec. 143.122.  UNCOMPENSATED DUTY.  (a)  In this section, "uncompensated duty" means days of work without pay in a fire or police department and does not include a regular or normal work day.
(b)  The head of the fire or police department may assign a fire fighter or police officer under the department head's jurisdiction or supervision to uncompensated duty.  The department head may not impose uncompensated duty unless the fire fighter or police officer agrees to the duty.
(c)  If the fire fighter or police officer agrees in writing to accept uncompensated duty, the department head shall give the person a written statement that specifies the date or dates on which the person will perform the duty.  A fire fighter or police officer who agrees to accept the duty does not have a right to an administrative or judicial review.
(d)  The uncompensated duty may be in place of or in combination with a period of disciplinary suspension without pay.  If uncompensated duty is combined with a disciplinary suspension, the total number of uncompensated duty days may not exceed 15.
(e)  A fire fighter or police officer may not earn or accrue a benefit arising from length of service or any wage or salary while the person is suspended or performing uncompensated duty.
(f)  A disciplinary suspension does not constitute a break in a continuous position or in service in the department in determining eligibility for a promotional examination.
(g)  Except as provided by this section, a fire fighter or police officer performing assigned uncompensated duty retains all rights and privileges of the person's position in the department and of the person's employment by the municipality.
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 143.124. Polygraph Examinations

Sec. 143.124.  POLYGRAPH EXAMINATIONS.  (a)  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 and, if applicable, the fire department has complied with Subsection (c);  or
(2)  the fire fighter is ordered to take an examination under Subsection (f).
(b)  Subsection (a)(1) does not apply if the complainant is physically or mentally incapable of being polygraphed.
(c)  The fire department shall, on the written request of a fire fighter, provide to the fire fighter the complainant's polygraph examination results within 48 hours after the request.
(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 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 fire department head may order a fire fighter to submit to a polygraph examination if the fire department head considers the circumstances to be extraordinary and the fire department head believes that the integrity of a fire fighter or the fire department is in question.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 31(a), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 1303, Sec. 2, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.125. Police Department Probationary Period After Reappointment in Populous Municipality

Sec. 143.125.  POLICE DEPARTMENT PROBATIONARY PERIOD AFTER REAPPOINTMENT IN POPULOUS MUNICIPALITY.  (a)  This section applies only to a municipality with a population of 1.5 million or more.
(b)  A person who ends service with the police department for any reason and is later reappointed to the department must serve a probationary period of six months from the date of reappointment.
(c)  The reappointed officer is not entitled to full civil service protection until the officer has served the full probationary period.
(d)  In determining classification, pay status, and eligibility for promotion, the probationary period is counted as if the reappointed officer were not on probation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 64, 65, 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 G. Provisions Applicable to Municipality With Population of 1.5 Million or More and Certain Other Municipalities › Section 143.1251. Reappointment After Resignation

Sec. 143.1251.  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. 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 143.1261. Legislative Leave Account

Sec. 143.1261.  LEGISLATIVE LEAVE ACCOUNT.  (a)  A fire fighter or police officer may donate not more than one hour for each month of accumulated vacation or compensatory time to an employee organization.  The municipality shall establish and maintain a legislative leave time account for each employee organization.
(b)  The fire fighter or police officer must authorize the donation in writing on a form provided by the employee organization and approved by the municipality.  After receiving the signed authorization on an approved form, the municipality shall transfer donated time to the account monthly until the municipality receives the fire fighter's or police officer's written revocation of the authorization.
(c)  Only a fire fighter or police officer who is a member of an employee organization may use for legislative leave purposes the time donated to that employee organization.  A fire fighter or police officer may use for legislative leave purposes the time donated under this section in lieu of reimbursing the municipality under Section 143.126.
(d)  A request to use for legislative 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.
(e)  The municipality shall account for the time donated to the account and used from the account.  The municipality may:
(1)  determine and credit the actual cash value of the donated time in the account and determine and deduct the actual cash value of time used from the account for legislative leave purposes;  or
(2)  credit and debit an account on an hour-for-hour basis regardless of the cash value of the time donated or used.
(f)  An employee organization may not use for legislative leave purposes more than 4,000 hours from its time account under this section in a calendar year.  If more than one employee organization requests to use legislative leave, each employee organization may use a proportional share of the 4,000 hours based on the total amount of hours donated to the employee organization for its exclusive use before January 2 of the calendar year in which the legislative leave is requested.  This section does not prevent an employee organization from accumulating more than 4,000 hours.  This subsection only limits the total number of donated hours that one or more employee organizations may use in any calendar year.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 2, eff. Sept. 1, 1997.