reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter E. Pooling of Sick Leave by County Employees › Section 157.072. Authority to Establish Program for Sick Leave Pool

Sec. 157.072.  AUTHORITY TO ESTABLISH PROGRAM FOR SICK LEAVE POOL.  (a)  The commissioners court of a county may establish a program within the county to allow an employee to voluntarily transfer sick leave time earned by the employee to a county sick leave pool.
(b)  The commissioners court of a county with a population of 800,000 or more may allow an employee to voluntarily transfer vacation leave time earned by the employee to a county sick leave pool.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 711, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 216 (H.B. 180), Sec. 1, eff. June 4, 2021.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter E. Pooling of Sick Leave by County Employees › Section 157.073. Administration of Sick Leave Pool Program

Sec. 157.073.  ADMINISTRATION OF SICK LEAVE POOL PROGRAM.  (a)  The commissioners court may adopt rules and prescribe procedures and forms relating to the operation of the county sick leave pool program.  The commissioners court by rule may require an employee to:
(1)  enroll in the county sick leave pool as a condition for eligibility under Section 157.075(a);  and
(2)  transfer at least one day of accrued sick leave time or, if allowed under Section 157.072(b), accrued vacation leave time earned by the employee as a condition of enrollment.
(b)  The commissioners court shall designate a person to administer the county sick leave pool program.
(c)  The commissioners court shall determine which injuries and illnesses are classified as catastrophic for purposes of this subchapter.  The court shall provide to the administrator a written statement of that classification.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 2001, 77th Leg., ch. 493, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter E. Pooling of Sick Leave by County Employees › Section 157.074. Employee Contribution to Sick Leave Pool

Sec. 157.074.  EMPLOYEE CONTRIBUTION TO SICK LEAVE POOL.  (a)  To contribute time to the county sick leave pool, an employee must submit an application to the administrator in the form prescribed by the commissioners court.
(b)  On approval by the administrator, in a fiscal year the employee may transfer to the county sick leave pool not less than one day or more than five days of accrued sick leave time, or accrued vacation leave time in a county operating under Section 157.072(b), earned by the employee.  The administrator shall credit the pool with the amount of time contributed by the employee and shall deduct the same amount of time from the amount to which the employee is entitled, as if the employee had used the time for personal purposes.
(c)  An employee who is terminated or who resigns or retires may donate not more than 10 days of accrued sick leave time or, if allowed under Section 157.072(b), accrued vacation leave time earned by the employee to take effect immediately before the effective date of termination, resignation, or retirement.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 711, Sec. 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 612, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 493, Sec. 2, eff. June 11, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter E. Pooling of Sick Leave by County Employees › Section 157.075. Employee Withdrawal From Sick Leave Pool

Sec. 157.075.  EMPLOYEE WITHDRAWAL FROM SICK LEAVE POOL.  (a)  An employee is eligible to use time contributed to the county sick leave pool if:
(1)  because of a catastrophic injury or illness, the employee has exhausted all the accrued paid leave and compensatory time to which the employee is otherwise entitled;  and
(2)  the employee is enrolled in the county sick leave pool, if the commissioners court requires enrollment under Section 157.073(a).
(b)  An eligible employee must apply to the administrator for permission to use time in the county sick leave pool.  If the administrator determines that the employee is eligible, the administrator shall approve the transfer of time from the pool to the employee.  The administrator shall credit the time to the employee, and the employee may use the time in the same manner as sick leave earned by the employee in the course of employment.
(c)  An eligible employee may not use time in the county sick leave pool in an amount that exceeds the lesser of one-third of the total amount of time in the pool or 180 days.  The administrator shall determine the exact amount that an eligible employee may use.
(d)  An employee absent on sick leave assigned from the county sick leave pool is treated for all purposes as if the employee were absent on earned sick leave.
(e)  The estate of a deceased employee is not entitled to payment for unused sick leave acquired by that employee from the county sick leave pool.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 612, Sec. 3, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 493, Sec. 3, eff. June 11, 2001;  Acts 2001, 77th Leg., ch. 554, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter F. Group Health and Related Benefits › Section 157.102. Group Health and Related Benefits Fund

Sec. 157.102.  GROUP HEALTH AND RELATED BENEFITS FUND.  (a)  The commissioners court of a county that adopts rules under Section 157.101 may require persons participating in the group health and related benefits plan to contribute toward the payment of the plan.  The commissioners court may establish a fund to pay for the group health and related benefits.  The fund may take the form of a single nonprofit trust as described by Section 222.002(c)(5)(A), Insurance Code.
(b)  A person who elects to participate in any aspect of the group health and related benefits plan and is required to make contributions toward the payment of the plan must authorize contributions to the fund by salary deduction.  The authorization must be submitted in writing to the county officer authorized by the commissioners court to administer payroll deductions.  The authorization remains in effect as long as the person is required to make contributions toward the payment of the plan.  If the amount of the person's required contributions changes after the date the request for deduction is submitted, the county shall notify the person of the change before the change takes effect.  The county and any participating flood control district or hospital district may also contribute to the fund.
(c)  The fund may be used only for the purposes stated in Subsection (a).  Employees who are discharged or who end their employment voluntarily have no vested right to contributions made to the fund.  The fund shall continue to be used for the benefit of the remaining employees.
(d)  Claims shall be paid from the fund in the same manner as provided by law for the payment of other claims of the county or flood control district.
(e)  If a plan established under this section is terminated by the commissioners court, the remaining funds shall be transferred to the county and to any participating flood control district in proportion to the total contributions made by them.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.145, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 26, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter F. Group Health and Related Benefits › Section 157.103. Subrogation

Sec. 157.103.  SUBROGATION.  (a)  A county that has paid group health and related benefits for a sheriff, deputy sheriff, constable, deputy constable, or other county or precinct law enforcement official is subrogated to the law enforcement official's right of recovery for personal injuries caused by another to the extent of the payments made by the county.
(b)  A county may not refuse to pay group health and related benefits on the ground that the law enforcement official has a claim for damages for personal injury.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter F. Group Health and Related Benefits › Section 157.104. Payments for Certain Health Coverage

Sec. 157.104.  PAYMENTS FOR CERTAIN HEALTH COVERAGE.  A county may purchase and pay premiums for coverages as described by Section 157.006.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter F. Group Health and Related Benefits › Section 157.105. Applicability of Subchapter

Sec. 157.105.  APPLICABILITY OF SUBCHAPTER.  (a)  A county that chooses to provide medical or related benefits may operate under this subchapter or Subchapter A.
(b)  A county operating under this subchapter that previously created a fund under Section 157.003 may continue the fund or may terminate the fund and create a fund as provided by Section 157.102.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter F. Group Health and Related Benefits › Section 157.106. Insurance Pool or Insurance Company Not Created

Sec. 157.106.  INSURANCE POOL OR INSURANCE COMPANY NOT CREATED.  If a county provides for group health and related benefits, including medical care, surgical care, hospitalization, and pharmaceutical, life, accident, disability, long-term care, vision, dental, mental health, and substance abuse benefits, to persons listed under Section 157.101(a)(1), the county:
(1)  has not created an insurance pool with a flood control district, hospital district, or other governmental entity, unless the county enters into a contract under Chapter 172; and
(2)  is not an insurance company subject to the Insurance Code or to regulation by the Texas Department of Insurance as an insurance company.
Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 27, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 157.901. Legal Defense of Employees

Sec. 157.901.  LEGAL DEFENSE OF EMPLOYEES.  (a)  A county official or employee sued by any entity, other than the county with which the official or employee serves, for an action arising from the performance of public duty is entitled to be represented by the district attorney of the district in which the county is located, the county attorney, or both.
(b)  If additional counsel is necessary or proper in the case of an official or employee provided legal counsel under Subsection (a) or if it reasonably appears that the act complained of may form the basis for the filing of a criminal charge against the official or employee, the official or employee is entitled to have the commissioners court of the county employ and pay private counsel.
(c)  A county official or employee is not required to accept the legal counsel provided in this section.
(d)  Repealed by Acts 1989, 71st Leg., ch. 509, Sec. 2, eff. June 14, 1989.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 157.061 and amended by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), (b), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 509, Sec. 1, 2, eff. June 14, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 157.9015. Representation Permitted Without Conflict of Interest

Sec. 157.9015.  REPRESENTATION PERMITTED WITHOUT CONFLICT OF INTEREST.  (a)  It is not a conflict of interest for a district or county attorney under Section 157.901 to defend a county or a county official or employee sued by another county official or employee and also to advise or represent the opposing party on a separate matter arising from the performance of a public duty, regardless of whether the attorney gives the advice or representation to the opposing party before the suit began or while the suit is pending.
(b)  If practicable, the district or county attorney shall assign a different attorney to defend the county or a county official or employee under this section than the attorney assigned to advise or represent the opposing party on a separate matter.
(c)  This section does not require a district or county attorney to represent a county official or employee who brings a suit against the county or another county official or employee for an action arising from the performance of a public duty.
Added by Acts 1999, 76th Leg., ch. 338, Sec. 1, eff. May 29, 1999.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 157.902. Personnel Rules Applying to Juvenile and Probation Officers, Court Reporters, and County Auditor's Office in Counties of 500,000 or More

Sec. 157.902.  PERSONNEL RULES APPLYING TO JUVENILE AND PROBATION OFFICERS, COURT REPORTERS, AND COUNTY AUDITOR'S OFFICE IN COUNTIES OF 500,000 OR MORE.  (a)  This section applies only to counties with a population of 500,000 or more.
(b)  The district judges in the county may, by a majority vote at a meeting of which each judge has notice, apply to all juvenile and probation officers appointed under Title 82, Revised Statutes, all court reporters, and the county auditor and all the auditor's assistants in the county the rules that:
(1)  are adopted by the commissioners court in the county for other county and district employees;  and
(2)  relate to hours of work;  vacations;  holidays;  sick leave;  deductions for absences;  retirement;  medical care;  hospitalization;  and compensation, accident, hospital, and disability insurance.
(c)  The district judges must uniformly apply the rules as far as practicable.
(d)  If the district judges do not exercise their authority under Subsection (b):
(1)  the juvenile board of the county may, to the extent the board determines, apply the rules to the juvenile and probation officers;
(2)  the district judges may, to the extent the judges determine by vote of a majority present, apply the rules to the court reporters;  and
(3)  the county auditor may, to the extent the auditor determines and with the approval of a majority of the district judges, apply the rules to the county auditor and the auditor's assistants.
(e)  A decision of the district judges under Subsection (d)(2), must be evidenced by an order entered in the minutes of each judge's court.  A certified copy of the order must be given to the commissioners court of the county.
(f)  If a juvenile or probation officer, a county auditor, or an assistant to the auditor is jointly employed by two or more subdivisions of government, the rules that are applied to that person may be changed accordingly.  To achieve uniform application of the rules, the person may be considered to be employed and paid by only one subdivision, but the expenses of administration and contributions may be prorated to the different employing subdivisions.
(g)  This section does not affect any other law that applies to the time, method, and manner of appointment or discharge of a juvenile or probation officer, a court reporter, or the county auditor or an assistant to the auditor or that applies to the number or salaries of those persons.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 157.062 by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 157.903. Authority to Indemnify Elected and Appointed County Officers

Sec. 157.903.  AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED COUNTY OFFICERS.  The commissioners court of a county by order may provide for the indemnification of an elected or appointed county officer against personal liability for the loss of county funds, or loss of or damage to personal property, incurred by the officer in the performance of official duties if the loss was not the result of the officer's negligence or criminal action.
Added by Acts 1989, 71st Leg., ch. 253, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 157.9031. Authority to Require Reimbursement for Certain Coverage

Sec. 157.9031.  AUTHORITY TO REQUIRE REIMBURSEMENT FOR CERTAIN COVERAGE.  A self-insuring county or the intergovernmental pool operating under Chapter 119, under policies concerning the provision of coverages adopted by the county's commissioners court or the pool's governing body, may require reimbursement for the provision of punitive damage coverage from a person to whom the county or intergovernmental pool provides coverage.
Added by Acts 2011, 82nd Leg., R.S., Ch. 439 (S.B. 1243), Sec. 2, eff. June 17, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 18, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 157 - Assistance, Benefits, and Working Conditions of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 157.906. Payment for Appearances of Peace Officers Employed by County in Court or Administrative Proceedings

Sec. 157.906.  PAYMENT FOR APPEARANCES OF PEACE OFFICERS EMPLOYED BY COUNTY IN COURT OR ADMINISTRATIVE PROCEEDINGS.  (a)  A county shall pay a peace officer employed by the county for an appearance as a witness in a criminal suit, a civil suit, or an administrative proceeding in which the county or other political subdivision or government agency is a party in interest if the appearance:
(1)  is required;
(2)  is made on time off;  and
(3)  is made by the peace officer in the capacity of a peace officer.
(b)  Payment under this section is at the peace officer's regular rate of pay.
(c)  Payment under this section may be taxed as court costs in civil suits.
(d)  This section does not reduce or prohibit compensation paid in excess of the regular rate of pay.
Added by Acts 2009, 81st Leg., R.S., Ch. 412 (H.B. 1960), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.001. Definitions

Sec. 158.001.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means a county civil service commission.
(2)  "Employee" means a person who obtains a position by appointment and who is not authorized by statute to perform governmental functions involving an exercise of discretion in the person's own right, unless the person is included by a local civil service rule adopted under the procedures outlined in Section 158.009; or a person included in the coverage of a county civil service system as the result of an election held under Section 158.007.  The term does not include a person who holds an office the term of which is limited by the constitution of this state.
(3)  "Department" means a county, district, or precinct office or officer, agency, or board that has jurisdiction and control of the performance of employees' official duties.  The term includes a sheriff's department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 881, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 833 (H.B. 831), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.002. Eligible Counties

Sec. 158.002.  ELIGIBLE COUNTIES.  A county with a population of 190,000 or more may, in accordance with this subchapter, create a county civil service system to include all the employees of the county who are not exempted from the system by the express terms or judicial interpretations of this subchapter or by the operation of Subchapter B.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 833 (H.B. 831), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.0025. Creation of Sheriff's Department Civil Service System in Certain Counties Not Covered by Subchapter B

Sec. 158.0025.  CREATION OF SHERIFF'S DEPARTMENT CIVIL SERVICE SYSTEM IN CERTAIN COUNTIES NOT COVERED BY SUBCHAPTER B.  (a)  This section applies only to a county with a population of 190,000 or more, other than:
(1)  a county that has created a civil service system under this subchapter to include those employees of the county described by Section 158.002;  or
(2)  a county in which the sheriff's department is eligible to create a civil service system under Subchapter B.
(b)  Notwithstanding any other provision of this subchapter, the commissioners court of a county to which this section applies may create a civil service system under this section to include only the employees of the sheriff's department of the county.
(c)  A sheriff's department civil service system may be created under this section by an order in accordance with Section 158.003 or by an election in accordance with Section 158.004.
(d)  Notwithstanding Section 158.005(b), if an election is ordered under Section 158.004 on the question of the creation of a sheriff's department civil service system under this section, the commissioners court shall order the ballot at the election to be printed to provide voting for or against the proposition:  "Creation of a civil service system for the sheriff's department of the county."
(e)  Notwithstanding Section 158.014(c), if an election is called to determine whether a sheriff's department civil service system created under this section will be dissolved under that section, the commissioners court shall order the ballot at the election to be printed to provide voting for or against the proposition:  "Dissolution of the civil service system for the sheriff's department of the county."
(f)  Sections 158.0065 and 158.007 do not apply to a sheriff's department civil service system created under this section.
(g)  Except as otherwise provided by this section, the provisions of this subchapter that would govern the operation of a civil service system created for all employees of a county under this chapter apply to the operation of a civil service system created for the employees of the sheriff's department of a county under this section.
Added by Acts 2005, 79th Leg., Ch. 414 (S.B. 1673), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 833 (H.B. 831), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.003. Creation by Order

Sec. 158.003.  CREATION BY ORDER.  (a)  A county civil service system may be created by an order adopted by a majority of the members of the commissioners court of the county.
(b)  A copy of an order adopted under this section shall be placed in the minutes of the court's proceedings.  The copy of the order is public information.
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 B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.004. Creation by Election

Sec. 158.004.  CREATION BY ELECTION.  (a)  A county civil service system may be created by approval of the system by a majority of the qualified voters of the county voting at an election called for that purpose.
(b)  The commissioners court by order may call an election on the question of the creation of a county civil service system.
(c)  The commissioners court shall hold the election called under this section on the first authorized uniform election date prescribed by Chapter 41, Election Code, that allows sufficient time for publication of the notice required by Subsection (e) and for compliance with any other requirements established by law.
(d)  The order calling the election must specify the date, time, and place of the election, the form of the ballots, and the name of the presiding judge for each voting place.
(e)  In addition to the notice required by Chapter 4, Election Code, the commissioners court must publish in a newspaper of general circulation in the county a substantial copy of the order calling the election.  The first publication must be made on or before the 15th day before the date of the election and continue once a week for two consecutive weeks.
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 B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.005. Ballots and Voting at Election to Create System

Sec. 158.005.  BALLOTS AND VOTING AT ELECTION TO CREATE SYSTEM.  (a)  Each qualified voter of the county is entitled to vote at the election.
(b)  The commissioners court shall order the ballot at the election to be printed to provide for voting for or against the proposition:  "Creation of a county civil service system."
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 B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.006. Result of Election to Create System

Sec. 158.006.  RESULT OF ELECTION TO CREATE SYSTEM.  (a)  The presiding judge of each voting place shall supervise the counting of votes cast at the election.
(b)  Within 24 hours after the election, each judge shall certify to the commissioners court the results of the election at the voting place.
(c)  A copy of the results of the election shall be filed with the county clerk.  The copy on file with the county clerk is a public record.
(d)  If the proposition is approved, the commissioners court shall declare the result and by order create the county civil service system.  A copy of the order creating the system shall be placed in the minutes of the court's proceedings.
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 B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.0065. Petition to Create by Order or Election

Sec. 158.0065.  PETITION TO CREATE BY ORDER OR ELECTION.  (a)  This section applies only in a county with a population of 290,000 or more that would not be eligible to expand or dissolve the system under Section 158.007.
(b)  The commissioners court of a county that receives a petition signed by at least 50 percent of the county's employees requesting the creation of a county civil service system shall vote not later than the 30th day after the date that the court receives the petition whether to create a system by adopting an order under Section 158.003. If the court does not create a system as provided by Section 158.003, the court shall call an election to decide the question as provided by Sections 158.004-158.006.
Added by Acts 1991, 72nd Leg., ch. 548, Sec. 1, eff. June 15, 1991.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.007. Expanded Coverage or Dissolution of System in Populous Counties

Sec. 158.007.  EXPANDED COVERAGE OR DISSOLUTION OF SYSTEM IN POPULOUS COUNTIES.  (a)  In a county that has a population of more than 1.3 million and a civil service system created under this subchapter, the qualified voters of the county, voting at an election called for that purpose, may determine whether the system will be dissolved or expanded to cover the employees, except licensed attorneys, of the office of district or criminal district attorney, the adult and juvenile probation officers and their assistants, personnel in the county auditor's office including all assistant county auditors, and all other employees of the county not included in the coverage of the system and not specifically exempted by Section 158.013 or Subchapter B.
(b)  The commissioners court of an eligible county by order may call an election on the question of the expansion or dissolution of a county civil service system as provided by Subsection (a).
(c)  Except as otherwise provided by this section, the election must be held in the manner provided for an election to create a county civil service system.
(d)  The election must be held on the date of the general election for state and county officers.
(e)  Each qualified voter of the county is entitled to vote at the election.
(f)  The commissioners court shall order the ballot at the election to be printed to provide for voting for or against the proposition:  "Keeping and expanding the county civil service system."
(g)  The commissioners court shall declare the results and, if the proposition is approved by a majority of the qualified voters voting at the election, by order expand the coverage of the system as provided by Subsection (a).  If the proposition is not so approved, the commissioners court by order shall dissolve the county civil service system.  A copy of the order expanding or dissolving the system shall be placed in the minutes of the court's proceedings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 70, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.008. Appointment of Commission

Sec. 158.008.  APPOINTMENT OF COMMISSION.  (a)  If a civil service system is created under this subchapter, the commissioners court shall appoint three persons to serve as the members of the civil service commission that administers the system.  The commissioners court shall designate one of the members as chairman of the commission.
(b)  Each member of the commission is appointed for a term of two years.
(c)  The commissioners court shall fill a vacancy on the commission by appointing a person to serve the unexpired part of the term of the member whose position is vacant.
(d)  To be eligible for appointment to the commission, a person must:
(1)  be at least 25 years old;  and
(2)  have resided in the county for the three years immediately preceding the date on which the person's term will begin.
(e)  A member of the commissioners court of a county with a population of 2.5 million or more is not prohibited from being appointed to the civil service commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 830, Sec. 1, eff. June 14, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 73, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 136, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.009. Powers of the Commission

Sec. 158.009.  POWERS OF THE COMMISSION.  (a)  Except as provided by Section 158.010, the commission shall adopt, publish, and enforce rules regarding:
(1)  the definition of a county employee;
(2)  selection and classification of county employees;
(3)  competitive examinations;
(4)  promotions, seniority, and tenure;
(5)  layoffs and dismissals;
(6)  disciplinary actions;
(7)  grievance procedures;  and
(8)  other matters relating to the selection of county employees and the procedural and substantive rights, advancement, benefits, and working conditions of county employees.
(b)  The commission may adopt or use as a guide any civil service law or rule of the United States, this state, or a political subdivision in this state to the extent that the law or rule promotes the purposes of this subchapter and serves the needs of the county.
(c)  The commission may not adopt or enforce a rule requiring a county employee to retire because of age.  The commission may adopt a rule requiring a county employee, on reaching an age set by the commission, to submit annually to the commission an affidavit from a physician stating that the employee is physically and mentally capable of continuing employment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 881, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.0095. Authority to Issue Subpoenas and Administer Oaths

Sec. 158.0095.  AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER OATHS.  (a)  In a proceeding before the commission under this subchapter, the chairman of the commission shall, on request of a person described by Subsection (b):
(1)  administer oaths; and
(2)  issue subpoenas and subpoenas duces tecum for the attendance of witnesses and for the production of documentary material.
(b)  The affected employee, the county attorney, or a designee of the employee or county attorney may request the chairman of the commission to subpoena any books, records, documents, papers, accounts, or witnesses that the requestor considers relevant to the case.  The request must be made before the 15th day before the date a commission proceeding will be held.
(c)  An oath administered under this section has the same force and effect as an oath administered by a magistrate in the magistrate's judicial capacity.
(d)  A response to a subpoena duces tecum under this section is considered to have been made under oath.
(e)  A person who is subpoenaed commits an offense if the person fails to appear as required by the subpoena.  An offense under this section is a misdemeanor punishable by a fine up to $1,000, confinement in the county jail for not more than 30 days, or both the fine and confinement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 851 (H.B. 3788), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.010. Employment by Departments

Sec. 158.010.  EMPLOYMENT BY DEPARTMENTS.  (a)  The head of each department included in the coverage of a county civil service system may assume responsibility for selecting all persons who are to be employees of that department.
(b)  A person employed by a department whose head has assumed responsibility as provided by Subsection (a) serves as a probationary employee during the first six months after selection and may not be included in the coverage of the county civil service system during that six-month period.  At the end of the six-month period the person's employment may be terminated or the person may be made a permanent employee by the head of the department.
(c)  On becoming a permanent employee, a person comes under the coverage of the county civil service system and is fully entitled to all benefits of and subject to all obligations imposed by the system.
(d)  This section does not affect the status of any person who is an employee of a department under a county civil service system on the date the head of the department assumes responsibility for selecting persons who are to be employees of that department.
(e)  The rules adopted by the commission under Section 158.009 relating to the selection and classification of county employees and to competitive examinations for selection apply to the initial hiring of personnel under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 881, Sec. 3, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.011. Compensation and Staff

Sec. 158.011.  COMPENSATION AND STAFF.  The members of the commission serve without compensation, but the commissioners court shall reimburse each member for all necessary expenses incurred in performing the member's duties.  The commissioners court shall provide the commission with adequate office space and sufficient funds to employ an adequate staff and to purchase necessary supplies and equipment.
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 B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.012. Appeals

Sec. 158.012.  APPEALS.  (a)  A county employee who, on a final decision by the commission, is demoted, suspended, or removed from the employee's position may appeal the decision by filing a petition in a district court in the county within 30 days after the date of the decision.
(b)  An appeal under this section is under the substantial evidence rule, and the judgment of the district court is appealable as in other civil cases.
(c)  If the district court renders judgment for the petitioner, the court may order reinstatement of the employee, payment of back pay, or other appropriate relief.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 68, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.0121. Review Under Substantial Evidence Rule

Sec. 158.0121.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.  In an appeal under Section 158.012, the district court may not substitute its judgment for the judgment of the commission on the weight of the evidence on questions committed to the commission's discretion but:
(1)  may affirm the commission's decision in whole or in part;  and
(2)  shall reverse or remand the case for further proceedings if substantial rights of the petitioner have been prejudiced because the commission's findings, inferences, conclusions, or decisions are:
(A)  in violation of a constitutional or statutory provision;
(B)  in excess of the commission's authority;
(C)  made through unlawful procedure;
(D)  affected by other error of law;
(E)  not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole;  or
(F)  arbitrary or capricious, characterized by abuse of discretion, or clearly an unwarranted exercise of discretion.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.0122. Procedures for Review Under Substantial Evidence Rule

Sec. 158.0122.  PROCEDURES FOR REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.  (a)  After service of the petition on the commission and within the time permitted for filing an answer or within additional time allowed by the court, the commission shall send to the reviewing court the original or a certified copy of the entire record of the proceeding under review.  The record shall be filed with the clerk of the court.  The record may be shortened by stipulation of all parties to the review proceedings.  The court may assess additional costs against a party who unreasonably refuses to stipulate to limit the record, unless the party pays all costs of record preparation.  The court may require or permit later corrections or additions to the record.
(b)  A party may apply to the court to present additional evidence.  If the court is satisfied that the additional evidence is material and that there were good reasons for the failure to present it in the proceeding before the commission, the court may order that the additional evidence be taken before the commission on conditions determined by the court.  The commission may change its findings and decisions by reason of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the reviewing court.
(c)  The party seeking judicial review shall offer, and the reviewing court shall admit, the commission record into evidence as an exhibit.
(d)  The court shall conduct the review sitting without a jury and is confined to the commission record, except that the court may receive evidence of procedural irregularities alleged to have occurred before the commission that are not reflected in the record.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.0123. Cost of Preparing Commission Record

Sec. 158.0123.  COST OF PREPARING COMMISSION RECORD.  (a)  The commission may require a party who appeals a final decision under Section 158.012 to pay one-half of the cost of preparation of the original or a certified copy of the record of the commission proceeding that is required to be sent to the reviewing court.
(b)  A charge imposed under this section is a court cost and may be assessed by the court in accordance with the Texas Rules of Civil Procedure.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.013. Exemptions

Sec. 158.013.  EXEMPTIONS.  (a)  A person who on August 30, 1971, was an employee of an eligible county under this subchapter may not be required to take a competitive examination or perform any other act to maintain the position held on that date.
(b)  This subchapter does not apply to:
(1)  assistant district attorneys, investigators, or other employees of a district or criminal district attorney, except as provided by Section 158.007;
(2)  the official shorthand reporter of a court;  or
(3)  an elected or appointed officer under the constitution.
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 B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.014. Dissolution of System

Sec. 158.014.  DISSOLUTION OF SYSTEM.  (a)  If, after a civil service system under this subchapter has been in effect for at least one year, 10 percent of the qualified voters of the county petition the commissioners court to dissolve the system, the commissioners court shall call an election to determine whether the system will be dissolved.
(b)  An election under this section must be held in the manner provided for an election to create a county civil service system.
(c)  The ballot for the election shall be printed to provide for voting for or against the proposition:  "Dissolution of the county civil service system."
(d)  If the proposition is approved by a majority of the qualified voters voting at the election, the commissioners court shall declare the result and by order dissolve the civil service system.  A copy of the order dissolving the system shall be placed in the minutes of the court's proceedings.
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 B - County Officers and Employees › Chapter 158 - County Civil Service › Subchapter A. County Civil Service System › Section 158.015. Limitation on Elections

Sec. 158.015.  LIMITATION ON ELECTIONS.  The commissioners court may not call an election under Section 158.004 or 158.014 for at least two years after the date of any previous election under either of those sections.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.