LOCAL GOVERNMENT CODE CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS
LOCAL GOVERNMENT CODE
CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE
OFFICERS
SUBCHAPTER A. GENERAL PROVISIONS
§ 143.001. PURPOSE. (a) The purpose of this chapter is
to secure efficient fire and police departments composed of capable
personnel who are free from political influence and who have
permanent employment tenure as public servants.
(b) The members of the Fire Fighters' and Police Officers'
Civil Service Commission shall administer this chapter in
accordance with this purpose.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.002. MUNICIPALITIES COVERED BY CHAPTER. (a) This
chapter applies only to a municipality:
(1) that:
(A) has a population of 10,000 or more;
(B) has a paid fire department or police
department; and
(C) has voted to adopt this chapter or the law
codified by this chapter; or
(2) whose election to adopt this chapter and whose
acts subsequent to that election were validated by the law enacted
by House Bill 822, Acts of the 73rd Legislature, Regular Session,
1993.
(b) Population under Subsection (a)(1) is determined by the
most recent:
(1) federal decennial census; or
(2) annual population estimate provided by the state
demographer under Chapter 468, Government Code, if that estimate is
more recent than the most recent federal decennial census.
(c) If this chapter applies to a municipality as provided by
Subsection (a), the application of this chapter to the municipality
is not affected if the municipality's population changes and the
municipality no longer meets the population requirement of
Subsection (a)(1).
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 576, § 1, eff. Aug. 30, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 212, § 1, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch. 1163, § 1, eff. June 18, 2005.
§ 143.003. DEFINITIONS. In this chapter:
(1) "Commission" means the Fire Fighters' and Police
Officers' Civil Service Commission.
(2) "Department head" means the chief or head of a fire
or police department or that person's equivalent, regardless of the
name or title used.
(3) "Director" means the director of fire fighters'
and police officers' civil service.
(4) "Fire fighter" means a member of a fire department
who was appointed in substantial compliance with this chapter or
who is entitled to civil service status under Section 143.005 or
143.084. The term:
(A) applies only to an employee of a fire
department whose position requires substantial knowledge of fire
fighting and who has met the requirements for certification by the
Texas Commission on Fire Protection under Chapter 419, Government
Code, including an employee who performs:
(i) fire suppression;
(ii) fire prevention;
(iii) fire training;
(iv) fire safety education;
(v) fire maintenance;
(vi) fire communications;
(vii) fire medical emergency technology;
(viii) fire photography;
(ix) fire administration; or
(x) fire arson investigation; and
(B) does not apply to a secretary, clerk, budget
analyst, custodial engineer, or other administrative employee.
(5) "Police officer" means a member of a police
department or other peace officer who was appointed in substantial
compliance with this chapter or who is entitled to civil service
status under Section 143.005, 143.084, or 143.103.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 498, § 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 738, § 1, eff. September 1, 2005.
§ 143.004. ELECTION TO ADOPT OR REPEAL CHAPTER. (a) A
municipality may hold an election to adopt or repeal this chapter as
provided by this section.
(b) If the governing body of the municipality receives a
petition requesting an election that is signed by a number of
qualified voters of the municipality equal to at least 10 percent of
the number of voters who voted in the most recent municipal
election, the governing body shall order an election submitting to
the voters the question of whether this chapter should be adopted.
The election must be held on the first authorized uniform election
date prescribed by Chapter 41, Election Code, that occurs after the
petition is filed and that allows sufficient time to comply with
other requirements of law.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "Adoption of the fire fighters' and
police officers' civil service law." However, this chapter may be
adopted to apply only to the fire or police department, and in that
case, the ballot shall be printed to reflect the department that
would be covered by this chapter. If a majority of the votes
received in the election are in favor of adoption of this chapter,
the governing body shall implement this chapter.
(d) If an election is held under Subsection (b), a petition
for a subsequent election to be held under that subsection may not
be filed for at least one year after the date the previous election
was held. To be valid, a petition for a subsequent election must
contain the signatures of a number of qualified voters of the
municipality equal to at least 20 percent of the number of voters
who voted in the most recent municipal election. Any subsequent
election must be held at the next general municipal election that
occurs after the petition is filed.
(e) If the governing body of a municipality that has
operated under this chapter for at least one year receives a
petition requesting an election to repeal this chapter that is
signed by at least 10 percent of the qualified voters of the
municipality, the governing body shall order an election submitting
to the voters the question on whether this chapter should be
repealed. If a majority of the qualified voters vote to repeal this
chapter, this chapter is void in that municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.005. STATUS OF EMPLOYEES IF CHAPTER ADOPTED.
(a) Each fire fighter or police officer serving in a municipality
that adopts this chapter and who has been in the service of the
municipality for more than six months at the time this chapter is
adopted and who is entitled to civil service classification has the
status of a civil service employee and is not required to take a
competitive examination to remain in the position the person
occupies at the time of the adoption.
(b) In a municipality that adopts this chapter, an employee
of the fire department whose primary duties are to provide
emergency medical services for the municipality is considered to be
a fire fighter who is a member of the fire department performing
fire medical emergency technology, entitled to civil service
protection, and covered by this chapter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 1034, § 7, eff. September 1,
2005.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 129,
§ 1
For text of section as added by Acts 2005, 79th Leg., Ch. 869, §
1, see other § 143.0051.
§ 143.0051. STATUS OF EMPLOYEES IN CERTAIN FIRE
DEPARTMENTS. (a) This section applies only to a fire department
employee employed by a municipality with a population of 220,000 or
more. This section does not apply to a fire department employee
employed by a municipality:
(1) that has adopted Chapter 174; or
(2) to which Subchapter H or I applies.
(b) Notwithstanding any other provision of this chapter, a
previously non-classified fire department employee who serves in a
position described by Section 143.003(4)(B), (D), (G), or (J) has
the status of a civil service employee and is not required to take a
competitive examination to remain in the employee's position if:
(1) the employee was appointed to that position on or
before May 1, 2005, and was serving in that position on the date
described by Subsection (c); and
(2) the municipality's governing body by ordinance
amends the municipality's existing classification of fire
department employees to include the employee's position as provided
by Section 143.021.
(c) The civil service status of an employee to which
Subsection (b) applies is effective on the date that the ordinance
amending the municipality's classification system to include the
employee's position takes effect.
(d) A fire department employee who has civil service status
under Subsection (b) may be promoted only:
(1) by competitive examination in accordance with the
competitive civil service procedures prescribed in this chapter;
and
(2) within the employee's existing division.
(e) A fire department employee who has civil service status
under Subsection (b) may not:
(1) supervise or evaluate classified civil service
personnel assigned to fire suppression or emergency medical
operations; or
(2) laterally transfer to fire suppression or
emergency medical operations.
(f) If a fire department employee who has civil service
status under Subsection (b) leaves the employee's position for any
reason, a person selected to fill that position must be selected in
accordance with the competitive civil service procedures
prescribed in this chapter.
Added by Acts 2005, 79th Leg., Ch. 129, § 1, eff. May 24, 2005.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 869,
§ 1
For text of section as added by Acts 2005, 79th Leg., Ch. 129, §
1, see other § 143.0051.
§ 143.0051. STATUS OF EMPLOYEES IN CERTAIN FIRE
DEPARTMENTS. (a) This section applies only to a fire department
employee employed by a municipality with a population of 150,000 or
more and with a governing body of five or fewer members.
(b) Notwithstanding any other provision of this chapter, a
previously nonclassified fire department employee who serves in a
position described by Section 143.003(4)(B), (D), (G), or (J) has
the status of a civil service employee and is not required to take a
competitive examination to remain in the employee's position if:
(1) the employee was appointed to that position on or
before May 1, 2005, and was serving in that position on the date
described by Subsection (c); and
(2) the municipality's governing body by ordinance
amends the municipality's existing classification of fire
department employees to include the employee's position as provided
by Section 143.021.
(c) The civil service status of an employee to which
Subsection (b) applies is effective on the date that the ordinance
amending the municipality's classification system to include the
employee's position takes effect.
(d) A fire department employee who has civil service status
under Subsection (b) may be promoted only:
(1) by competitive examination in accordance with the
competitive civil service procedures prescribed in this chapter;
and
(2) within the employee's existing division.
(e) A fire department employee who has civil service status
under Subsection (b) may not:
(1) supervise or evaluate classified civil service
personnel assigned to fire suppression or emergency medical
operations; or
(2) laterally transfer to fire suppression or
emergency medical operations.
(f) If a fire department employee who has civil service
status under Subsection (b) leaves the employee's position for any
reason, a person selected to fill that position must be selected in
accordance with the competitive civil service procedures
prescribed in this chapter.
Added by Acts 2005, 79th Leg., Ch. 869, § 1, eff. September 1,
2005.
§ 143.006. IMPLEMENTATION: COMMISSION. (a) On
adoption of this chapter, the Fire Fighters' and Police Officers'
Civil Service Commission is established in the municipality. The
chief executive of the municipality shall appoint the members of
the commission within 60 days after the date this chapter is
adopted. Within 30 days after the date the municipality's first
full fiscal year begins after the date of the adoption election, the
governing body of the municipality shall implement this chapter.
(b) The commission consists of three members appointed by
the municipality's chief executive and confirmed by the governing
body of the municipality. Members serve staggered three-year terms
with the term of one member expiring each year. If a vacancy occurs
or if an appointee fails to qualify within 10 days after the date of
appointment, the chief executive shall appoint a person to serve
for the remainder of the unexpired term in the same manner as the
original appointment.
(c) A person appointed to the commission must:
(1) be of good moral character;
(2) be a United States citizen;
(3) be a resident of the municipality who has resided
in the municipality for more than three years;
(4) be over 25 years of age; and
(5) not have held a public office within the preceding
three years.
(c-1) Notwithstanding Subsection (c)(5), the
municipality's chief executive may reappoint a commission member
to consecutive terms. A commission member may not be reappointed
to more than a third consecutive term unless the member's
reappointment to a fourth or subsequent consecutive term is
confirmed by a two-thirds majority of all the members of the
municipality's governing body.
(c-2) Subsection (c)(5) does not prohibit the
municipality's chief executive from appointing a former commission
member to the commission if the only public office held by the
former member within the preceding three years is membership on:
(1) the commission; or
(2) the commission and the municipality's civil
service board for employees other than police officers and
firefighters through a joint appointment to the commission and
board.
(c-3) Subsections (c-1) and (c-2) do not apply to a
municipality with a population of 1.5 million or more.
(d) In making initial appointments, the chief executive
shall designate one member to serve a one-year term, one member to
serve a two-year term, and one member to serve a three-year term.
If a municipality has a civil service commission immediately before
this chapter takes effect in that municipality, that civil service
commission shall continue as the commission established by this
section and shall administer the civil service system as prescribed
by this chapter. As the terms of the members of the previously
existing commission expire, the chief executive shall appoint
members as prescribed by this section. If necessary to create
staggered terms as prescribed by this section, the chief executive
shall appoint the initial members, required to be appointed under
this chapter, to serve terms of less than three years.
(e) Initial members shall elect a chairman and a
vice-chairman within 10 days after the date all members have
qualified. Each January, the members shall elect a chairman and a
vice-chairman.
(f) The governing body of the municipality shall provide to
the commission adequate and suitable office space in which to
conduct business.
(g) The chief executive of a municipality commits an offense
if the chief executive knowingly or intentionally fails to appoint
the initial members of the commission within the 60-day period
prescribed by Subsection (a). An offense under this subsection is a
misdemeanor punishable by a fine of not less than $100 or more than
$200. Each day after the 60-day period that the chief executive
knowingly or intentionally fails to make a required appointment
constitutes a separate offense.
(h) The chief executive of a municipality or a municipal
official commits an offense if the person knowingly or
intentionally refuses to implement this chapter or attempts to
obstruct the enforcement of this chapter. An offense under this
subsection is a misdemeanor punishable by a fine of not less than
$100 or more than $200.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 475, § 1, eff. June 17, 2005.
§ 143.007. REMOVAL OF COMMISSION MEMBER. (a) If at a
meeting held for that purpose the governing body of the
municipality finds that a commission member is guilty of misconduct
in office, the governing body may remove the member. The member may
request that the meeting be held as an open hearing in accordance
with Chapter 551, Government Code.
(b) If a commission member is indicted or charged by
information with a criminal offense involving moral turpitude, the
member shall be automatically suspended from office until the
disposition of the charge. Unless the member pleads guilty or is
found to be guilty, the member shall resume office at the time of
disposition of the charge.
(c) The governing body may appoint a substitute commission
member during a period of suspension. If a member pleads guilty to
or is found to be guilty of a criminal offense involving moral
turpitude, the governing body shall appoint a replacement
commission member to serve the remainder of the disqualified
member's term of office.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 76, § 5.95(82), eff. Sept. 1, 1995.
§ 143.008. ADOPTION AND PUBLICATION OF RULES. (a) A
commission shall adopt rules necessary for the proper conduct of
commission business.
(b) The commission may not adopt a rule permitting the
appointment or employment of a person who is:
(1) without good moral character;
(2) physically or mentally unfit; or
(3) incompetent to discharge the duties of the
appointment or employment.
(c) The commission shall adopt rules that prescribe cause
for removal or suspension of a fire fighter or police officer. The
rules must comply with the grounds for removal prescribed by
Section 143.051.
(d) The commission shall publish each rule it adopts and
each classification and seniority list for the fire and police
departments. The rules and lists shall be made available on demand.
A rule is considered to be adopted and sufficiently published if the
commission adopts the rule by majority vote and causes the rule to
be written, typewritten, or printed. Publication in a newspaper is
not required and the governing body of the municipality is not
required to act on the rule.
(e) A rule is not valid and binding on the commission until
the commission:
(1) mails a copy of the rule to the commissioner, if
the municipality has an elected commissioner, and to department
heads of the fire and police departments;
(2) posts a copy of the rule for a seven-day period at
a conspicuous place in the central fire and police stations; and
(3) mails a copy of the rule to each branch fire
station.
(f) The director shall keep copies of all rules for free
distribution to members of the fire and police departments who
request copies and for inspection by any interested person.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.009. COMMISSION INVESTIGATIONS AND INSPECTIONS.
(a) The commission or a commission member designated by the
commission may investigate and report on all matters relating to
the enforcement and effect of this chapter and any rules adopted
under this chapter and shall determine if the chapter and rules are
being obeyed.
(b) During an investigation, the commission or the
commission member may:
(1) administer oaths;
(2) issue subpoenas to compel the attendance of
witnesses and the production of books, papers, documents, and
accounts relating to the investigation; and
(3) cause the deposition of witnesses residing inside
or outside the state.
(c) A deposition taken in connection with an investigation
under this section must be taken in the manner prescribed by law for
taking a similar deposition in a civil action in federal district
court.
(d) An oath administered or a subpoena issued under this
section has the same force and effect as an oath administered by a
magistrate in the magistrate's judicial capacity.
(e) A person who fails to respond to a subpoena issued under
this section commits an offense punishable as prescribed by Section
143.016.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.010. COMMISSION APPEAL PROCEDURE. (a) Except as
otherwise provided by this chapter, if a fire fighter or police
officer wants to appeal to the commission from an action for which
an appeal or review is provided by this chapter, the fire fighter or
police officer need only file an appeal with the commission within
10 days after the date the action occurred.
(b) The appeal must include the basis for the appeal and a
request for a commission hearing. The appeal must also contain a
statement denying the truth of the charge as made, a statement
taking exception to the legal sufficiency of the charge, a
statement alleging that the recommended action does not fit the
offense or alleged offense, or a combination of these statements.
(c) In each hearing, appeal, or review of any kind in which
the commission performs an adjudicatory function, the affected fire
fighter or police officer is entitled to be represented by counsel
or a person the fire fighter or police officer chooses. Each
commission proceeding shall be held in public.
(d) The commission may issue subpoenas and subpoenas duces
tecum for the attendance of witnesses and for the production of
documentary material.
(e) The affected fire fighter or police officer may request
the commission to subpoena any books, records, documents, papers,
accounts, or witnesses that the fire fighter or police officer
considers pertinent to the case. The fire fighter or police officer
must make the request before the 10th day before the date the
commission hearing will be held. If the commission does not
subpoena the material, the commission shall, before the third day
before the date the hearing will be held, make a written report to
the fire fighter or police officer stating the reason it will not
subpoena the requested material. This report shall be read into the
public record of the commission hearing.
(f) Witnesses may be placed under the rule at the commission
hearing.
(g) The commission shall conduct the hearing fairly and
impartially as prescribed by this chapter and shall render a just
and fair decision. The commission may consider only the evidence
submitted at the hearing.
(h) The commission shall maintain a public record of each
proceeding with copies available at cost.
(i) In addition to the requirements prescribed by this
section, an appeal to the commission in a municipality with a
population of 1.5 million or more must meet the requirements
prescribed by Section 143.1015.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 25(b), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 1248, § 48, eff. Sept. 1, 1989.
§ 143.011. DECISIONS AND RECORDS. (a) Each concurring
commission member shall sign a decision issued by the commission.
(b) The commission shall keep records of each hearing or
case that comes before the commission.
(c) Each rule, opinion, directive, decision, or order
issued by the commission must be written and constitutes a public
record that the commission shall retain on file.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.012. DIRECTOR. (a) On adoption of this chapter,
the office of Director of Fire Fighters' and Police Officers' Civil
Service is established in the municipality. The commission shall
appoint the director. The director shall serve as secretary to the
commission and perform work incidental to the civil service system
as required by the commission. The commission may remove the
director at any time.
(b) A person appointed as director must meet each
requirement for appointment to the commission prescribed by Section
143.006(c), except that in a municipality with a population of less
than 1.5 million, the person is not required to meet the local
residency requirement.
(c) A person appointed as director may be a commission
member, a municipal employee, or some other person.
(d) The municipality's governing body shall determine the
salary, if any, to be paid to the director.
(e) If, immediately before this chapter takes effect in a
municipality, the municipality has a duly and legally constituted
director of civil service, regardless of title, that director shall
continue in office as the director established by this section and
shall administer the civil service system as prescribed by this
chapter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 355, § 1, eff. Sept. 1, 1999.
§ 143.013. APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD.
(a) Unless elected, each department head is:
(1) appointed by the municipality's chief executive
and confirmed by the municipality's governing body; or
(2) in a municipality having an elected fire or police
commissioner, appointed by the fire or police commissioner in whose
department the vacancy exists and confirmed by the municipality's
governing body.
(b) A person appointed as head of a fire department must be
eligible for certification by the Commission on Fire Protection
Personnel Standards and Education at the intermediate level or its
equivalent as determined by that commission and must have served as
a fully paid fire fighter for at least five years. A person
appointed as head of a police department must be eligible for
certification by the Commission on Law Enforcement Officer
Standards and Education at the intermediate level or its equivalent
as determined by that commission and must have served as a bona fide
law enforcement officer for at least five years.
(c) Except as provided by Subsection (d), if a person is
removed from the position of department head, the person shall be
reinstated in the department and placed in a position with a rank
not lower than that held by the person immediately before
appointment as department head. The person retains all rights of
seniority in the department.
(d) If a person serving as department head is charged with
an offense in violation of civil service rules and is dismissed from
the civil service or discharged from his position as department
head, the person has the same rights and privileges of a hearing
before the commission and in the same manner and under the same
conditions as a classified employee. If the commission finds that
the charges are untrue or unfounded, the person shall immediately
be restored to the same classification that the person held before
appointment as department head. The person has all the rights and
privileges of the prior position according to seniority and shall
be paid his full salary for the time of suspension.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.014. APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED
IMMEDIATELY BELOW DEPARTMENT HEAD. (a) This section does not
apply to a municipality with a population of 1.5 million or more.
(b) If approved by the governing body of the municipality by
resolution or ordinance, the head of a fire or police department in
the municipality in which at least four classifications exist below
the classification of department head may appoint each person
occupying an authorized position in the classification immediately
below that of department head, as prescribed by this section. The
classification immediately below that of department head may
include a person who has a different title but has the same pay
grade.
(c) In a police department, the total number of persons
appointed to the classification immediately below that of
department head may not exceed the total number of persons, plus
one, serving in that classification on January 1, 1983. In a fire
department in a municipality having fewer than 300 certified fire
fighters, the department head may appoint not more than one person
to the classification immediately below that of department head.
If a municipality has 300 to 600 certified fire fighters, the
department head may appoint two persons to the classification. If a
municipality has more than 600 certified fire fighters, the
department head may appoint three persons to the classification.
This subsection does not apply to a municipality that has adopted
The Fire and Police Employee Relations Act (Article 5154c-1,
Vernon's Texas Civil Statutes) unless the municipality
specifically adopts the appointment procedure prescribed by this
subsection through the collective bargaining process.
(d) A person appointed to a position in the classification
immediately below that of the head of the police department must:
(1) be employed by the municipality's police
department as a sworn police officer;
(2) have at least two years' continuous service in that
department as a sworn police officer; and
(3) meet the requirements for appointment as head of a
police department prescribed by Section 143.013(b).
(e) A person appointed to a position in the classification
immediately below that of the head of the fire department must:
(1) be employed by the municipality's fire department;
(2) have a permanent classification in at least an
officer level; and
(3) meet the requirements for appointment as head of a
fire department prescribed by Section 143.013(b).
(f) The department head shall make each appointment under
this section within 90 days after the date a vacancy occurs in the
position.
(g) A person appointed under this section serves at the
pleasure of the department head. A person who is removed from the
position by the department head shall be reinstated in the
department and placed in the same classification, or its
equivalent, that the person held before appointment. The person
retains all rights of seniority in the department.
(h) If a person appointed under this section is charged with
an offense in violation of civil service rules and indefinitely
suspended by the department head, the person has the same rights and
privileges of a hearing before the commission in the same manner and
under the same conditions as a classified employee. If the
commission, a hearing examiner, or a court of competent
jurisdiction finds the charges to be untrue or unfounded, the
person shall immediately be restored to the same classification, or
its equivalent, that the person held before appointment. The
person has all the rights and privileges of the prior position
according to seniority, and shall be repaid for any lost wages.
(i) A person serving under permanent appointment in a
position in the classification immediately below that of the
department head on September 1, 1983, is not required to meet the
requirements of this section or to be appointed or reappointed as a
condition of tenure or continued employment.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.015. APPEAL OF COMMISSION DECISION TO DISTRICT
COURT. (a) If a fire fighter or police officer is dissatisfied
with any commission decision, the fire fighter or police officer
may file a petition in district court asking that the decision be
set aside. The petition must be filed within 10 days after the date
the final commission decision:
(1) is sent to the fire fighter or police officer by
certified mail; or
(2) is personally received by the fire fighter or
police officer or by that person's designee.
(b) An appeal under this section is by trial de novo. The
district court may grant the appropriate legal or equitable relief
necessary to carry out the purposes of this chapter. The relief may
include reinstatement or promotion with back pay if an order of
suspension, dismissal, or demotion is set aside.
(c) The court may award reasonable attorney's fees to the
prevailing party and assess court costs against the nonprevailing
party.
(d) If the court finds for the fire fighter or police
officer, the court shall order the municipality to pay lost wages to
the fire fighter or police officer.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.016. PENALTY FOR VIOLATION OF CHAPTER. (a) A
fire fighter or police officer commits an offense if the person
violates this chapter.
(b) An offense under this section or Section 143.009 is a
misdemeanor punishable by a fine of not less than $10 or more than
$100, confinement in the county jail for not more than 30 days, or
both fine and confinement.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. CLASSIFICATION AND APPOINTMENT
§ 143.021. CLASSIFICATION; EXAMINATION REQUIREMENT.
(a) The commission shall provide for the classification of all
fire fighters and police officers. The municipality's governing
body shall establish the classifications by ordinance. The
governing body by ordinance shall prescribe the number of positions
in each classification.
(b) Except for the department head and a person the
department head appoints in accordance with Section 143.014 or
143.102, each fire fighter and police officer is classified as
prescribed by this subchapter and has civil service protection.
The failure of the governing body to establish a position by
ordinance does not result in the loss of civil service benefits by a
person entitled to civil service protection or appointed to the
position in substantial compliance with this chapter.
(c) Except as provided by Sections 143.013, 143.014,
143.0251, 143.102, and 143.1251, an existing position or
classification or a position or classification created in the
future either by name or by increase in salary may be filled only
from an eligibility list that results from an examination held in
accordance with this chapter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 64, § 1, eff. Sept. 1, 1995.
§ 143.022. PHYSICAL REQUIREMENTS AND EXAMINATIONS.
(a) The commission shall set the age and physical requirements for
applicants for beginning and promotional positions in accordance
with this chapter. The requirements must be the same for all
applicants.
(b) The commission shall require each applicant for a
beginning or a promotional position to take an appropriate physical
examination. The commission may require each applicant for a
beginning position to take a mental examination. The examination
shall be administered by a physician, psychiatrist, or
psychologist, as appropriate, appointed by the commission. The
municipality shall pay for each examination.
(c) If an applicant is rejected by the physician,
psychiatrist, or psychologist, as appropriate, the applicant may
request another examination by a board of three physicians,
psychiatrists, or psychologists, as appropriate, appointed by the
commission. The applicant must pay for the board examination. The
board's decision is final.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 26(b), eff. Aug. 28, 1989.
§ 143.023. ELIGIBILITY FOR BEGINNING POSITION. (a) A
person may not take an entrance examination for a beginning
position in the fire or police department unless the person is at
least 18 years of age.
(b) A person may not be certified as eligible for a
beginning position in a fire department if the person is 36 years of
age or older.
(c) A person who is 45 years of age or older may not be
certified for a beginning position in a police department.
(d) An applicant may not be certified as eligible for a
beginning position with a fire department unless the applicant
meets all legal requirements necessary to become eligible for
future certification by the Commission on Fire Protection Personnel
Standards and Education.
(e) An applicant may not be certified as eligible for a
beginning position with a police department unless the applicant
meets all legal requirements necessary to become eligible for
future licensing by the Commission on Law Enforcement Officer
Standards and Education.
(f) Each police officer and fire fighter affected by this
chapter must be able to read and write English.
(g) In addition to meeting the requirements prescribed by
this section, an applicant for a beginning position in a police
department in a municipality with a population of 1.5 million or
more must meet the requirements prescribed by Section 143.105.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 380, § 1, eff. June 17, 2005.
§ 143.024. ENTRANCE EXAMINATION NOTICE. (a) Before
the 10th day before the date an entrance examination is held, the
commission shall cause a notice of the examination to be posted in
plain view on a bulletin board located in the main lobby of the city
hall and in the commission's office. The notice must show the
position to be filled or for which the examination is to be held,
and the date, time, and place of the examination.
(b) The notice required by Subsection (a) must also state
the period during which the eligibility list created as a result of
the examination will be effective.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.025. ENTRANCE EXAMINATIONS. (a) The commission
shall provide for open, competitive, and free entrance examinations
to provide eligibility lists for beginning positions in the fire
and police departments. The examinations are open to each person
who makes a proper application and meets the requirements
prescribed by this chapter.
(b) An eligibility list for a beginning position in the fire
or police department may be created only as a result of a
competitive examination held in the presence of each applicant for
the position, except as provided by Subsections (d) and (e). The
examination must be based on the person's general knowledge and
aptitude and must inquire into the applicant's general education
and mental ability. A person may not be appointed to the fire or
police department except as a result of the examination.
(c) An applicant may not take an examination unless at least
one other applicant taking the examination is present.
(d) Examinations for beginning positions in the fire
department may be held at different locations if each applicant
takes the same examination and is examined in the presence of other
applicants.
(e) This subsection applies only in a municipality to which
Subchapter J does not apply. An examination for beginning
positions in the police department must be held at one or more
locations in the municipality in which the police department is
located and may be held at additional locations outside the
municipality. An examination held at multiple locations must be
administered on the same day and at the same time at each location
at which it is given. Only one eligibility list for a police
department may be created from that examination, and only one
eligibility list may be in effect at a given time. Each applicant
who takes the examination for the eligibility list shall:
(1) take the same examination; and
(2) be examined in the presence of other applicants
for that eligibility list.
(f) An additional five points shall be added to the
examination grade of an applicant who served in the United States
armed forces, received an honorable discharge, and made a passing
grade on the examination.
(g) An applicant may not take the examination for a
particular eligibility list more than once.
(h) The commission shall keep each eligibility list for a
beginning position in effect for a period of not less than six
months or more than 12 months, unless the names of all applicants on
the list have been referred to the appropriate department. The
commission shall determine the length of the period. The
commission shall give new examinations at times the commission
considers necessary to provide required staffing for scheduled fire
or police training academies.
(i) The grade to be placed on the eligibility list for each
applicant shall be computed by adding an applicant's points under
Subsection (f), if any, to the applicant's grade on the written
examination. Each applicant's grade on the written examination is
based on a maximum grade of 100 percent and is determined entirely
by the correctness of the applicant's answers to the questions. The
minimum passing grade on the examination is 70 percent. An
applicant must pass the examination to be placed on an eligibility
list.
(j) Notwithstanding Subsection (i), each applicant who is
either a natural-born or adopted child of a fire fighter who
previously suffered a line-of-duty death while covered by this
chapter shall be ranked at the top of any eligibility list in which
said applicant receives a minimum passing grade on that respective
eligibility exam. The deceased fire fighter's applicant child
must otherwise satisfy all of the requirements for eligibility for
a beginning position in a fire department contained in this
chapter. This commission shall promulgate rules to identify and
verify each applicant's eligibility for applicability of this
subsection.
(k) This section does not apply to a police department
located in a municipality with a population of 1.5 million or more.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 756, § 1, 2, eff. Aug. 28, 1989;
Acts 1999, 76th Leg., ch. 19, § 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 628, § 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 380, § 2, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 27, § 1, eff. September 1,
2007.
§ 143.0251. REAPPOINTMENT AFTER RESIGNATION. The
commission may adopt rules to allow a police officer who
voluntarily resigns from the department to be reappointed to the
department without taking another departmental entrance
examination.
Added by Acts 1995, 74th Leg., ch. 64, § 2, eff. Sept. 1, 1995.
§ 143.026. PROCEDURE FOR FILLING BEGINNING POSITIONS.
(a) When a vacancy occurs in a beginning position in a fire or
police department, the department head shall request in writing
from the commission the names of suitable persons from the
eligibility list. The director shall certify to the municipality's
chief executive the names of the three persons having the highest
grades on the eligibility list.
(b) From the three names certified, the chief executive
shall appoint the person having the highest grade unless there is a
valid reason why the person having the second or third highest grade
should be appointed.
(c) If the chief executive does not appoint the person
having the highest grade, the chief executive shall clearly set
forth in writing the good and sufficient reason why the person
having the highest grade was not appointed.
(d) The reason required by Subsection (c) shall be filed
with the commission and a copy provided to the person having the
highest grade. If the chief executive appoints the person having
the third highest grade, a copy of the report shall also be
furnished to the person having the second highest grade.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.027. PROBATIONARY PERIOD. (a) A person
appointed to a beginning position in the fire or police department
must serve a probationary period of one year beginning on that
person's date of employment as a fire fighter, police officer, or
academy trainee. In a municipality with a population of less than
1.9 million, the commission by rule may extend the probationary
period by not more than six months for a person who:
(1) is not employed by a department in which a
collective bargaining agreement or a meet-and-confer agreement
currently exists or previously existed; and
(2) is required to attend a basic training academy for
initial certification by the Texas Commission on Fire Protection or
the Commission on Law Enforcement Officer Standards and Education.
(b) During a fire fighter's or police officer's probationary
period, the department head shall discharge the person and remove
the person from the payroll if the person's appointment was not
regular or was not made in accordance with this chapter or the
commission rules.
(c) During a fire fighter's or police officer's probationary
period, the person may not be prohibited from joining or required to
join an employee organization. Joining or not joining an employee
organization is not a ground for retaining or not retaining a fire
fighter or police officer serving a probationary period.
(d) A fire fighter or police officer who was appointed in
substantial compliance with this chapter and who serves the entire
probationary period automatically becomes a full-fledged civil
service employee and has full civil service protection.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 869, § 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 909, § 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921, § 11.001, eff.
September 1, 2007.
§ 143.028. ELIGIBILITY FOR PROMOTION. (a) Except as
provided by Sections 143.013 and 143.102, a fire fighter is not
eligible for promotion unless the person has served in that fire
department in the next lower position or other positions specified
by the commission for at least two years at any time before the date
the promotional examination is held. A fire fighter is not eligible
for promotion to the rank of captain or its equivalent unless the
person has at least four years' actual service in that fire
department.
(b) Except as provided by Sections 143.013 and 143.102, a
police officer is not eligible for promotion unless the person has
served in that police department in the next lower position or other
positions specified by the commission for at least two years
immediately before the date the promotional examination is held. A
police officer is not eligible for promotion to the rank of captain
or its equivalent unless the person has at least four years' actual
service in that police department.
(c) If a person is recalled on active military duty for not
more than 60 months, the two-year service requirements prescribed
by Subsections (a) and (b) do not apply and the person is entitled
to have time spent on active military duty considered as duty in the
respective fire or police department.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 833, § 2, eff. June 17, 2005.
§ 143.029. PROMOTIONAL EXAMINATION NOTICE. (a) Before
the 90th day before the date a promotional examination is held, the
commission shall post a notice that lists the sources from which the
examination questions will be taken.
(b) Before the 30th day before the date a promotional
examination is held, the commission shall post a notice of the
examination in plain view on a bulletin board located in the main
lobby of the city hall and in the commission's office. The notice
must show the position to be filled or for which the examination is
to be held, and the date, time, and place of the examination. The
commission shall also furnish sufficient copies of the notice for
posting in the stations or subdepartments in which the position
will be filled.
(c) The notice required by Subsection (b) may also include
the name of each source used for the examination, the number of
questions taken from each source, and the chapter used in each
source.
(d) In addition to the notice prescribed by this section, a
municipality with a population of 1.5 million or more must post the
notice prescribed by Section 143.107.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.030. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL
EXAMINATION. (a) This section does not apply to a municipality
with a population of 1.5 million or more.
(b) Each promotional examination is open to each fire
fighter who at any time has continuously held for at least two years
a position in the classification that is immediately below, in
salary, the classification for which the examination is to be held.
(c) If the department has adopted a classification plan that
classifies positions on the basis of similarity in duties and
responsibilities, each promotional examination is open to each fire
fighter who has continuously held for at least two years a position
at the next lower pay grade, if it exists, in the classification for
which the examination is to be held.
(d) If there are not enough fire fighters in the next lower
position with two years' service in that position to provide an
adequate number of persons to take the examination, the commission
may open the examination to persons in that position with less than
two years' service. If there is still an insufficient number, the
commission may open the examination to persons with at least two
years' experience in the second lower position, in salary, to the
position for which the examination is to be held.
(e) If a fire fighter had previously terminated the fire
fighter's employment with the department and is subsequently
reemployed by the same department, the fire fighter must again meet
the two-year service requirement for eligibility to take a
promotional examination. In determining if a fire fighter has met
the two-year service requirement, a fire department may not
consider service in another fire department.
(f) This section does not prohibit lateral crossover
between classes.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.031. ELIGIBILITY FOR POLICE DEPARTMENT
PROMOTIONAL EXAMINATION. (a) Each promotional examination is
open to each police officer who for at least two years immediately
before the examination date has continuously held a position in the
classification that is immediately below, in salary, the
classification for which the examination is to be held.
(b) If the department has adopted a classification plan that
classifies positions on the basis of similarity in duties and
responsibilities, each promotional examination is open to each
police officer who has continuously held for at least two years
immediately before the examination date a position at the next
lower pay grade, if it exists, in the classification for which the
examination is to be held.
(c) If there are not sufficient police officers in the next
lower position with two years' service in that position to provide
an adequate number of persons to take the examination, the
commission shall open the examination to persons in that position
with less than two years' service. If there is still an
insufficient number, the commission may open the examination to
persons in the second lower position, in salary, to the position for
which the examination is to be held.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.032. PROMOTIONAL EXAMINATION PROCEDURE. (a) The
commission shall adopt rules governing promotions and shall hold
promotional examinations to provide eligibility lists for each
classification in the fire and police departments. Unless a
different procedure is adopted under an alternate promotional
system as provided by Section 143.035, the examinations shall be
held substantially as prescribed by this section.
(b)(1) Each eligible promotional candidate shall be given
an identical examination in the presence of the other eligible
promotional candidates, except that an eligible promotional
candidate who is serving on active military duty outside of this
state or in a location that is not within reasonable geographic
proximity to the location where the examination is being
administered is entitled to take the examination outside of the
presence of and at a different time than the other candidates and
may be allowed to take an examination that is not identical to the
examination administered to the other candidates.
(2) The commission may adopt rules under Subsection
(a) providing for the efficient administration of promotional
examinations to eligible promotional candidates who are members of
the armed forces serving on active military duty. In adopting the
rules, the commission shall ensure that the administration of the
examination will not result in unnecessary interference with any
ongoing military effort. The rules shall require that:
(A) at the discretion of the administering
entity, an examination that is not identical to the examination
administered to other eligible promotional candidates may be
administered to an eligible promotional candidate who is serving on
active military duty; and
(B) if a candidate serving on active military
duty takes a promotional examination outside the presence of other
candidates and passes the examination, the candidate's name shall
be included in the eligibility list of names of promotional
candidates who took and passed the examination nearest in time to
the time at which the candidate on active military duty took the
examination.
(c) The examination must be entirely in writing and may not
in any part consist of an oral interview.
(d) The examination questions must test the knowledge of the
eligible promotional candidates about information and facts and
must be based on:
(1) the duties of the position for which the
examination is held;
(2) material that is of reasonably current publication
and that has been made reasonably available to each member of the
fire or police department involved in the examination; and
(3) any study course given by the departmental schools
of instruction.
(e) The examination questions must be taken from the sources
posted as prescribed by Section 143.029(a). Fire fighters or
police officers may suggest source materials for the examinations.
(f) The examination questions must be prepared and composed
so that the grading of the examination can be promptly completed
immediately after the examination is over.
(g) The director is responsible for the preparation and
security of each promotional examination. The fairness of the
competitive promotional examination is the responsibility of the
commission, the director, and each municipal employee involved in
the preparation or administration of the examination.
(h) A person commits an offense if the person knowingly or
intentionally:
(1) reveals a part of a promotional examination to an
unauthorized person; or
(2) receives from an authorized or unauthorized person
a part of a promotional examination for unfair personal gain or
advantage.
(i) An offense under Subsection (h) is a misdemeanor
punishable by a fine of not less than $1,000, confinement in the
county jail for not more than one year, or both the fine and the
confinement.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 26(c), eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 833, § 1, eff. June 17, 2005.
§ 143.033. PROMOTIONAL EXAMINATION GRADES. (a) The
grading of each promotional examination shall begin when one
eligible promotional candidate completes the examination. As the
eligible promotional candidates finish the examination, the
examinations shall be graded at the examination location and in the
presence of any candidate who wants to remain during the grading.
(b) Each police officer is entitled to receive one point for
each year of seniority as a classified police officer in that
department, with a maximum of 10 points. Each fire fighter is
entitled to receive one point for each year of seniority in that
department, with a maximum of 10 points.
(c) Unless a different procedure is adopted under an
alternate promotional system as provided by Section 143.035, the
grade that must be placed on the eligibility list for each police
officer or fire fighter shall be computed by adding the applicant's
points for seniority to the applicant's grade on the written
examination, but for a fire fighter applicant only if the applicant
scores a passing grade on the written examination. Each
applicant's grade on the written examination is based on a maximum
grade of 100 points and is determined entirely by the correctness of
the applicant's answers to the questions. The passing grade in a
municipality with a population of 1.5 million or more is prescribed
by Section 143.108. In a municipality with a population of less
than 1.5 million, all police officer applicants who receive a grade
of at least 70 points shall be determined to have passed the
examination and all fire fighter applicants who receive a grade on
the written examination of at least 70 points shall be determined to
have passed the examination. If a tie score occurs, the commission
shall determine a method to break the tie.
(d) Within 24 hours after a promotional examination is held,
the commission shall post the individual raw test scores on a
bulletin board located in the main lobby of the city hall.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 26(d), eff. Aug. 28, 1989; Acts
1991, 72nd Leg., ch. 713, § 1, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 869, § 3, eff. September 1, 2005.
§ 143.034. REVIEW AND APPEAL OF PROMOTIONAL
EXAMINATION. (a) On request, each eligible promotional candidate
from the fire or police department is entitled to examine the
person's promotional examination and answers, the examination
grading, and the source material for the examination. If
dissatisfied, the candidate may appeal, within five business days,
to the commission for review in accordance with this chapter. In
computing this period, a Saturday, Sunday, or legal holiday is not
considered a business day.
(b) The eligible promotional candidate may not remove the
examination or copy a question used in the examination.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 26(e), eff. Aug. 28, 1989.
§ 143.035. ALTERNATE PROMOTIONAL SYSTEM IN POLICE
DEPARTMENT. (a) This section does not apply to a municipality
that has adopted The Fire and Police Employee Relations Act
(Article 5154c-1, Vernon's Texas Civil Statutes).
(b) On the recommendation of the head of the police
department and a majority vote of the sworn police officers in the
department, the commission may adopt an alternate promotional
system to select persons to occupy nonentry level positions other
than positions that are filled by appointment by the department
head. The promotional system must comply with the requirements
prescribed by this section.
(c) The commission shall order the director to conduct an
election and to submit the revised promotional system either to all
sworn police officers within the rank immediately below the
classification for which the promotional examination is to be
administered or to all sworn police officers in the department.
(d) The director shall hold the election on or after the
30th day after the date notice of the election is posted at the
department. The election shall be conducted throughout each
regular work shift at an accessible location within the department
during a 24-hour period.
(e) The ballot shall contain the specific amendment to the
promotional procedure. Each sworn police officer shall be given
the opportunity to vote by secret ballot "for" or "against" the
amendment.
(f) The revised promotional system must be approved by a
majority vote of the sworn police officers voting. A defeated
promotional system amendment may not be placed on a ballot for a
vote by the sworn police officers for at least 12 months after the
date the prior election was held, but this provision does not apply
if the head of the department recommends a different proposal to the
commission.
(g) The commission shall canvass the votes within 30 days
after the date the election is held. An appeal alleging election
irregularity must be filed with the commission within five working
days after the date the election closes. If approved by the sworn
police officers, the promotional system amendment becomes
effective after all election disputes have been ruled on and the
election votes have been canvassed by the commission.
(h) At any time after an alternate promotional system has
been adopted under this section and has been in effect for at least
180 days, the department head may petition the commission to
terminate the alternate system, and the commission shall terminate
the alternate system.
(i) At any time after an alternate promotional system has
been adopted under this section and has been in effect for at least
180 days, a petition signed by at least 35 percent of the sworn
police officers may be submitted to the commission asking that the
alternate promotional system be reconsidered. If a petition is
submitted, the commission shall, within 60 days after the date the
petition is filed, hold an election as prescribed by this section.
If a majority of those voting vote to terminate, the commission
shall terminate the alternate promotional system.
(j) If the alternate system is terminated, an additional
list may not be created under the alternate system.
(k) A promotional list may not be created if an election
under this section is pending. An existing eligibility list,
whether created under the system prescribed by this chapter or
created under an alternate system adopted under this section, may
not be terminated before or extended beyond its expiration date. A
person promoted under an alternate system has the same rights and
the same status as a person promoted under this chapter even if the
alternate system is later terminated.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 1018, § 1, eff. Aug. 30, 1993.
§ 143.036. PROCEDURE FOR MAKING PROMOTIONAL
APPOINTMENTS. (a) When a vacancy occurs in a nonentry position
that is not appointed by the department head as provided by Sections
143.014 and 143.102, the vacancy shall be filled as prescribed by
this section and Section 143.108, as applicable. A vacancy in a
fire fighter position described by this subsection occurs on the
date the position is vacated by:
(1) resignation;
(2) retirement;
(3) death;
(4) promotion; or
(5) issuance of an indefinite suspension in accordance
with Section 143.052(b).
(b) If an eligibility list for the position to be filled
exists on the date the vacancy occurs, the director, on request by
the department head, shall certify to the department head the names
of the three persons having the highest grades on that eligibility
list. The commission shall certify the names within 10 days after
the date the commission is notified of the vacancy. If fewer than
three names remain on the eligibility list or if only one or two
eligible promotional candidates passed the promotional
examination, each name on the list must be submitted to the
department head.
(c) In a municipality with a population of less than 1.5
million, the commission shall submit names from an existing
eligibility list to the department head until the vacancy is filled
or the list is exhausted.
(d) If an eligibility list does not exist on the date a
vacancy occurs or a new position is created, the commission shall
hold an examination to create a new eligibility list within 90 days
after the date the vacancy occurs or a new position is created.
(e) If an eligibility list exists on the date a vacancy
occurs, the department head shall fill the vacancy by permanent
appointment from the eligibility list furnished by the commission
within 60 days after the date the vacancy occurs. If an eligibility
list does not exist, the department head shall fill the vacancy by
permanent appointment from an eligibility list that the commission
shall provide within 90 days after the date the vacancy occurs.
This subsection does not apply in a municipality with a population
of 1.5 million or more.
(f) Unless the department head has a valid reason for not
appointing the person, the department head shall appoint the
eligible promotional candidate having the highest grade on the
eligibility list. If the department head has a valid reason for
not appointing the eligible promotional candidate having the
highest grade, the department head shall personally discuss the
reason with the person being bypassed before appointing another
person. The department head shall also file the reason in writing
with the commission and shall provide the person with a copy of the
written notice. On application of the bypassed eligible
promotional candidate, the reason the department head did not
appoint that person is subject to review by the commission or, on
the written request of the person being bypassed, by an independent
third party hearing examiner under Section 143.057.
(g) If a person is bypassed, the person's name is returned
to its place on the eligibility list and shall be resubmitted to the
department head if a vacancy occurs. If the department head refuses
three times to appoint a person, files the reasons for the refusals
in writing with the commission, and the commission does not set
aside the refusals, the person's name shall be removed from the
eligibility list.
(h) Each promotional eligibility list remains in existence
for one year after the date on which the written examination is
given, unless exhausted. At the expiration of the one-year period,
the eligibility list expires and a new examination may be held.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 26(f), eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 869, § 4, eff. September 1, 2005.
§ 143.037. RECORD OF CERTIFICATION AND APPOINTMENT.
(a) When a person is certified and appointed to a position in the
fire or police department, the director shall forward the appointed
person's record to the proper department head. The director shall
also forward a copy of the record to the chief executive and shall
retain a copy in the civil service files.
(b) The record must contain:
(1) the date notice of examination for the position
was posted;
(2) the date on which the appointed person took the
examination;
(3) the name of each person who conducted the
examination;
(4) the relative position of the appointed person on
the eligibility list;
(5) the date the appointed person took the physical
examination, the name of the examining physician, and whether the
person was accepted or rejected;
(6) the date the request to fill the vacancy was made;
(7) the date the appointed person was notified to
report for duty; and
(8) the date the appointed person's pay is to start.
(c) If the director intentionally fails to comply with this
section, the commission shall immediately remove the director from
office.
(d) The director's failure to comply with this section does
not affect the civil service status of an employee.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.038. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
(a) This section does not apply to a municipality with a
population of 1.5 million or more.
(b) 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 or
seniority pay, educational incentive pay, and certification pay
during the time the person performs the duties.
(c) 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.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER C. COMPENSATION
§ 143.041. SALARY. (a) This section does not apply to
a municipality with a population of 1.5 million or more.
(b) Except as provided by Section 143.038, all fire fighters
or police officers in the same classification are entitled to the
same base salary.
(c) 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 or seniority pay;
(2) educational incentive pay as authorized by Section
143.044;
(3) assignment pay as authorized by Sections 143.042
and 143.043;
(4) certification pay as authorized by Section
143.044;
(5) shift differential pay as authorized by Section
143.047; and
(6) fitness incentive pay as authorized by Section
143.044.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1172, § 1, eff. Aug. 28, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 552, § 1, eff. September 1, 2005.
§ 143.042. ASSIGNMENT PAY. (a) This section does not
apply to a municipality with a population of 1.5 million or more.
(b) The governing body of a municipality may authorize
assignment pay for fire fighters and police officers who perform
specialized functions in their respective departments.
(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 fire or police department.
(d) 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 and police officer who
meets training or education criteria for an assignment or the
ordinance may set criteria that provide for payment only to a fire
fighter or police officer in a special assignment.
(e) The head of the fire or police department is not
eligible for the assignment pay authorized by this section.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.043. FIELD TRAINING OFFICER ASSIGNMENT PAY.
(a) In this section, "field training officer" means a member of
the police department who is assigned to and performs the duties and
responsibilities of the field training officers program.
(b) The governing body of a municipality may authorize
assignment pay for field training 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 police
department.
(c) The department head is not eligible for the assignment
pay authorized by this section.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.044. CERTIFICATION, EDUCATIONAL INCENTIVE, AND
FITNESS INCENTIVE PAY. (a) This section does not apply to a
municipality with a population of 1.5 million or more.
(b) If each fire fighter or police officer in a municipality
is afforded an opportunity to qualify for certification, the
municipality's governing body may authorize certification pay to
those fire fighters who meet the requirements for certification set
by the Commission on Fire Protection Personnel Standards and
Education or for those police officers who meet the requirements
for certification set by the Commission on Law Enforcement Officer
Standards and Education.
(c) If the criteria for educational incentive pay are
clearly established, are in writing, and are applied equally to
each fire fighter or police officer in a municipality who meets the
criteria, the municipality's governing body may authorize
educational incentive pay for each fire fighter or police officer
who has successfully completed courses at an accredited college or
university.
(d) If the criteria for fitness incentive pay are clearly
established, are in writing, and are applied equally to each fire
fighter or police officer in a municipality who meets the criteria,
the municipality's governing body may authorize fitness incentive
pay for each fire fighter or police officer who successfully meets
the criteria.
(e) The certification pay, educational incentive pay, and
fitness incentive pay are in addition to a fire fighter's or police
officer's regular pay.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 552, § 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 552, § 3, eff. September 1, 2005.
§ 143.045. ACCUMULATION AND PAYMENT OF SICK LEAVE.
(a) A permanent or temporary fire fighter or police officer is
allowed sick leave with pay accumulated at the rate of 1-1/4 full
working days for each full month employed in a calendar year, so as
to total 15 working days to a person's credit each 12 months.
(b) A fire fighter or police officer may accumulate sick
leave without limit and may use the leave if unable to work because
of a bona fide illness. If an ill fire fighter or police officer
exhausts the sick leave and can conclusively prove that the illness
was incurred in the performance of duties, an extension of sick
leave shall be granted.
(c) Except as otherwise provided by Section 143.116, 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 accumulated sick leave if the person has
accumulated not more than 90 days of sick leave. If a fire fighter
or police officer has accumulated more than 90 working days of sick
leave, the person's employer may limit payment to the amount that
the person would have received if the person had been allowed to use
90 days of accumulated sick leave during the last six months of
employment. The lump-sum payment is computed by compensating the
fire fighter or police officer for the accumulated time at the
highest permanent pay classification for which the person was
eligible during the last six months of employment. The fire fighter
or police officer is paid for the same period for which the person
would have been paid if the person had taken the sick leave but does
not include additional holidays and any sick leave or vacation time
that the person might have accrued during the 90 days.
(d) To facilitate the settlement of the accounts of deceased
fire fighters and police officers, all unpaid compensation,
including all accumulated sick leave, due at the time of death to an
active fire fighter or police officer who dies as a result of a
line-of-duty injury or illness, shall be paid to the persons in the
first applicable category of the following prioritized list:
(1) to the beneficiary or beneficiaries the fire
fighter or police officer designated in writing to receive the
compensation and filed with the commission before the person's
death;
(2) to the fire fighter's or police officer's widow or
widower;
(3) to the fire fighter's or police officer's child or
children and to the descendants of a deceased child, by
representation;
(4) to the fire fighter's or police officer's parents
or to their survivors; or
(5) to the properly appointed legal representative of
the fire fighter's or police officer's estate, or in the absence of
a representative, to the person determined to be entitled to the
payment under the state law of descent and distribution.
(e) Payment of compensation to a person in accordance with
Subsection (d) is a bar to recovery by another person.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.046. VACATIONS. (a) Each fire fighter or police
officer is entitled to earn a minimum of 15 working days' vacation
leave with pay in each year.
(b) In computing the length of time a fire fighter or police
officer may be absent from work on vacation leave, only those
calendar days during which the person would be required to work if
not on vacation may be counted as vacation days.
(c) Unless approved by the municipality's governing body, a
fire fighter or police officer may not accumulate vacation leave
from year to year.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.047. SHIFT DIFFERENTIAL PAY. (a) The governing
body of a municipality may authorize shift differential pay for
fire fighters and police officers who work a shift in which more
than 50 percent of the time worked is after 6 p.m. and before 6 a.m.
(b) The shift differential 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.
Added by Acts 1989, 71st Leg., ch. 1172, § 3, eff. Aug. 28, 1989.
SUBCHAPTER D. DISCIPLINARY ACTIONS
§ 143.051. CAUSE FOR REMOVAL OR SUSPENSION. A
commission rule prescribing cause for removal or suspension of a
fire fighter or police officer is not valid unless it involves one
or more of the following grounds:
(1) conviction of a felony or other crime involving
moral turpitude;
(2) violations of a municipal charter provision;
(3) acts of incompetency;
(4) neglect of duty;
(5) discourtesy to the public or to a fellow employee
while the fire fighter or police officer is in the line of duty;
(6) acts showing lack of good moral character;
(7) drinking intoxicants while on duty or intoxication
while off duty;
(8) conduct prejudicial to good order;
(9) refusal or neglect to pay just debts;
(10) absence without leave;
(11) shirking duty or cowardice at fires, if
applicable; or
(12) violation of an applicable fire or police
department rule or special order.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.052. DISCIPLINARY SUSPENSIONS. (a) This section
does not apply to a municipality with a population of 1.5 million or
more.
(b) 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 the violation of a civil service
rule. The suspension may be for a reasonable period not to exceed
15 calendar days or for an indefinite period. An indefinite
suspension is equivalent to dismissal from the department.
(c) 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.
(d) 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.
(e) The written statement filed by the department head with
the commission must point out each 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.
(f) 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 the civil service rules, the
commission shall promptly reinstate the person.
(g) If offered by the department head, the fire fighter or
police officer may agree in writing to voluntarily accept, with no
right of appeal, a suspension of 16 to 90 calendar days for the
violation of a civil service rule. 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.
(h) 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 occurred earlier than the 180th day
preceding the date the department head suspends the fire fighter or
police officer. If the act is allegedly related to criminal
activity including the violation of a federal, state, or local law
for which the fire fighter or police officer is subject to a
criminal penalty, the department head may not complain of an act
that is discovered earlier than the 180th day preceding the date the
department head suspends the fire fighter or police officer. The
department head must allege that the act complained of is related to
criminal activity.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 26(g), eff. Aug. 28, 1989.
§ 143.053. APPEAL OF DISCIPLINARY SUSPENSION.
(a) This section does not apply to a municipality with a
population of 1.5 million or more.
(b) If a suspended fire fighter or police officer appeals
the 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. The suspended person and the
commission may agree to postpone the hearing for a definite period.
(c) 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.
(d) The commission may deliberate the decision in closed
session but may not consider evidence that was not presented at the
hearing. The commission shall vote in open session.
(e) 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.
(f) If the commission finds that the period of disciplinary
suspension should be reduced, the commission may order a reduction
in the period of suspension. If the suspended fire fighter or
police officer is restored to the position or class of service from
which the person was suspended, the fire fighter or police officer
is entitled to:
(1) full compensation for the actual time lost as a
result of the suspension at the rate of pay provided for the
position or class of service from which the person was suspended;
and
(2) restoration of or credit for any other benefits
lost as a result of the suspension, including sick leave, vacation
leave, and service credit in a retirement system. Standard payroll
deductions, if any, for retirement and other benefits restored
shall be made from the compensation paid, and the municipality
shall make its standard corresponding contributions, if any, to the
retirement system or other applicable benefit systems.
(g) 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.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 740, § 1, eff. Sept. 1, 1999.
§ 143.054. DEMOTIONS. (a) If the head of the fire or
police department wants a fire fighter or police officer under his
supervision or jurisdiction to be involuntarily demoted, the
department head may recommend in writing to the commission that the
commission demote the fire fighter or police officer.
(b) The department head must include in the recommendation
for demotion the reasons the department head recommends the
demotion and a request that the commission order the demotion. The
department head must immediately furnish a copy of the
recommendation in person to the affected fire fighter or police
officer.
(c) The commission may refuse to grant the request for
demotion. If the commission believes that probable cause exists
for ordering the demotion, the commission shall give the fire
fighter or police officer written notice to appear before the
commission for a public hearing at a time and place specified in the
notice. The commission shall give the notice before the 10th day
before the date the hearing will be held.
(d) The fire fighter or police officer is entitled to a full
and complete public hearing, and the commission may not demote a
fire fighter or police officer without that public hearing.
(e) A voluntary demotion in which the fire fighter or police
officer has accepted the terms of the demotion in writing is not
subject to this section.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.055. UNCOMPENSATED DUTY OF POLICE OFFICERS.
(a) This section does not apply to a municipality with a
population of 1.5 million or more.
(b) In this section, "uncompensated duty" means days of
police work without pay that are in addition to regular or normal
work days.
(c) The head of the police department may assign a police
officer under his jurisdiction or supervision to uncompensated
duty. The department head may not impose uncompensated duty unless
the police officer agrees to accept the duty. If the police officer
agrees 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 uncompensated duty.
(d) 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 days may not exceed 15.
(e) A police officer may not earn or accrue any wage,
salary, or benefit arising from length of service while the person
is suspended or performing uncompensated duty. The days on which a
police officer performs assigned uncompensated duty may not be
taken into consideration in determining eligibility for a
promotional examination. 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.
(f) Except as provided by this section, a police officer who
performs assigned uncompensated duty retains all rights and
privileges of the person's position in the police department and of
the person's employment by the municipality.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.056. PROCEDURES AFTER FELONY INDICTMENT OR
MISDEMEANOR COMPLAINT. (a) If a fire fighter or police officer is
indicted for a felony or officially charged with the commission of a
Class A or B misdemeanor, the department head may temporarily
suspend the person with or without pay for a period not to exceed 30
days after the date of final disposition of the specified felony
indictment or misdemeanor complaint.
(b) The department head shall notify the suspended fire
fighter or police officer in writing that the person is being
temporarily suspended for a specific period with or without pay and
that the temporary suspension is not intended to reflect an opinion
on the merits of the indictment or complaint.
(c) If the action directly related to the felony indictment
or misdemeanor complaint occurred or was discovered on or after the
180th day before the date of the indictment or complaint, the
department head may, within 30 days after the date of final
disposition of the indictment or complaint, bring a charge against
the fire fighter or police officer for a violation of civil service
rules.
(d) A fire fighter or police officer indicted for a felony
or officially charged with the commission of a Class A or B
misdemeanor who has also been charged by the department head with
civil service violations directly related to the indictment or
complaint may delay the civil service hearing for not more than 30
days after the date of the final disposition of the indictment or
complaint.
(e) If the department head temporarily suspends a fire
fighter or police officer under this section and the fire fighter or
police officer is not found guilty of the indictment or complaint in
a court of competent jurisdiction, the fire fighter or police
officer may appeal to the commission or to a hearing examiner for
recovery of back pay. The commission or hearing examiner may award
all or part of the back pay or reject the appeal.
(f) Acquittal or dismissal of an indictment or a complaint
does not mean that a fire fighter or police officer has not violated
civil service rules and does not negate the charges that may have
been or may be brought against the fire fighter or police officer by
the department head.
(g) Conviction of a felony is cause for dismissal, and
conviction of a Class A or B misdemeanor may be cause for
disciplinary action or indefinite suspension.
(h) The department head may order an indefinite suspension
based on an act classified as a felony or a Class A or B misdemeanor
after the 180-day period following the date of the discovery of the
act by the department if the department head considers delay to be
necessary to protect a criminal investigation of the person's
conduct. If the department head intends to order an indefinite
suspension after the 180-day period, the department head must file
with the attorney general a statement describing the criminal
investigation and its objectives within 180 days after the date the
act complained of occurred.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.057. HEARING EXAMINERS. (a) In addition to the
other notice requirements prescribed by this chapter, the written
notice for a promotional bypass or the letter of disciplinary
action, as applicable, issued to a fire fighter or police officer
must state that in an appeal of an indefinite suspension, a
suspension, a promotional bypass, or a recommended demotion, the
appealing fire fighter or police officer may elect to appeal to an
independent third party hearing examiner instead of to the
commission. The letter must also state that if the fire fighter or
police officer elects to appeal to a hearing examiner, the person
waives all rights to appeal to a district court except as provided
by Subsection (j).
(b) To exercise the choice of appealing to a hearing
examiner, the appealing fire fighter or police officer must submit
to the director a written request as part of the original notice of
appeal required under this chapter stating the person's decision to
appeal to an independent third party hearing examiner.
(c) The hearing examiner's decision is final and binding on
all parties. If the fire fighter or police officer decides to
appeal to an independent third party hearing examiner, the person
automatically waives all rights to appeal to a district court
except as provided by Subsection (j).
(d) If the appealing fire fighter or police officer chooses
to appeal to a hearing examiner, the fire fighter or police officer
and the department head, or their designees, shall first attempt to
agree on the selection of an impartial hearing examiner. If the
parties do not agree on the selection of a hearing examiner on or
within 10 days after the date the appeal is filed, the director
shall immediately request a list of seven qualified neutral
arbitrators from the American Arbitration Association or the
Federal Mediation and Conciliation Service, or their successors in
function. The fire fighter or police officer and the department
head, or their designees, may agree on one of the seven neutral
arbitrators on the list. If they do not agree within five working
days after the date they received the list, each party or the
party's designee shall alternate striking a name from the list and
the name remaining is the hearing examiner. The parties or their
designees shall agree on a date for the hearing.
(e) The appeal hearing shall begin as soon as the hearing
examiner can be scheduled. If the hearing examiner cannot begin the
hearing within 45 calendar days after the date of selection, the
fire fighter or police officer may, within two days after learning
of that fact, call for the selection of a new hearing examiner using
the procedure prescribed by Subsection (d).
(f) In each hearing conducted under this section, the
hearing examiner has the same duties and powers as the commission,
including the right to issue subpoenas.
(g) In a hearing conducted under this section, the parties
may agree to an expedited hearing procedure. Unless otherwise
agreed by the parties, in an expedited procedure the hearing
examiner shall render a decision on the appeal within 10 days after
the date the hearing ended.
(h) In an appeal that does not involve an expedited hearing
procedure, the hearing examiner shall make a reasonable effort to
render a decision on the appeal within 30 days after the date the
hearing ends or the briefs are filed. The hearing examiner's
inability to meet the time requirements imposed by this section
does not affect the hearing examiner's jurisdiction, the validity
of the disciplinary action, or the hearing examiner's final
decision.
(i) The hearing examiner's fees and expenses are shared
equally by the appealing fire fighter or police officer and by the
department. The costs of a witness are paid by the party who calls
the witness.
(j) A district court may hear an appeal of a hearing
examiner's award only on the grounds that the arbitration panel was
without jurisdiction or exceeded its jurisdiction or that the order
was procured by fraud, collusion, or other unlawful means. An
appeal must be brought in the district court having jurisdiction in
the municipality in which the fire or police department is located.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 869, § 5, eff. September 1, 2005.
SUBCHAPTER E. LEAVES
§ 143.071. LEAVES OF ABSENCE; RESTRICTION PROHIBITED.
(a) If a sufficient number of fire fighters or police officers are
available to carry out the normal functions of the fire or police
department, a fire fighter or police officer may not be refused a
reasonable leave of absence without pay to attend a fire or police
school, convention, or meeting if the purpose of the school,
convention, or meeting is to secure a more efficient department and
better working conditions for department personnel.
(b) A rule that affects a fire fighter's or police officer's
constitutional right to appear before or to petition the
legislature may not be adopted.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.072. MILITARY LEAVE OF ABSENCE. (a) On written
application of a fire fighter or police officer, the commission
shall grant the person a military leave of absence without pay,
subject to Section 143.075, to enable the person to enter a branch
of the United States military service. The leave of absence may not
exceed the period of compulsory military service or the basic
minimum enlistment period for the branch of service the fire
fighter or police officer enters.
(b) The commission shall grant to a fire fighter or police
officer a leave of absence for initial training or annual duty in
the military reserves or the national guard.
(c) While a fire fighter or police officer who received a
military leave of absence serves in the military, the commission
shall fill the person's position in the department in accordance
with this chapter. The fire fighter or police officer who fills the
position is subject to replacement by the person who received the
military leave at the time the person returns to active duty in the
department.
(d) On termination of active military service, a fire
fighter or police officer who received a military leave of absence
under this section is entitled to be reinstated to the position that
the person held in the department at the time the leave of absence
was granted if the person:
(1) receives an honorable discharge;
(2) remains physically and mentally fit to discharge
the duties of that position; and
(3) makes an application for reinstatement within 90
days after the date the person is discharged from military service.
(e) On reinstatement, the fire fighter or police officer
shall receive full seniority credit for the time spent in the
military service.
(f) If the reinstatement of a fire fighter or police officer
who received a military leave of absence causes that person's
replacement to be returned to a lower position in grade or
compensation, the replaced person has a preferential right to a
subsequent appointment or promotion to the same or a similar
position from which the person was demoted. This preferential
right has priority over an eligibility list and is subject to the
replaced person remaining physically and mentally fit to discharge
the duties of that position.
(g) If a fire fighter or police officer employed by a
municipality is called to active military duty for any period, the
employing municipality must continue to maintain any health,
dental, or life insurance coverage and any health or dental
benefits coverage that the fire fighter or police officer received
through the municipality on the date the fire fighter or police
officer was called to active military duty until the municipality
receives written instructions from the fire fighter or police
officer to change or discontinue the coverage.
(h) In addition to other procedures prescribed by this
section, a fire fighter or police officer may, without restriction
as to the amount of time, voluntarily substitute for a fire fighter
or police officer described by Sections 143.075(b)(1) and (2) who
has been called to active federal military duty for a period
expected to last 12 months or longer. A fire fighter or police
officer who voluntarily substitutes under this subsection must be
qualified to perform the duties of the absent fire fighter or police
officer.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 287, § 1, eff. June 18, 2003.
§ 143.073. LINE OF DUTY ILLNESS OR INJURY LEAVE OF
ABSENCE. (a) A municipality shall provide to a fire fighter or
police officer a leave of absence for an illness or injury related
to the person's line of duty. The leave is with full pay for a
period commensurate with the nature of the line of duty illness or
injury. If necessary, the leave shall continue for at least one
year.
(b) At the end of the one-year period, the municipality's
governing body may extend the line of duty illness or injury leave
at full or reduced pay. If the fire fighter's or police officer's
leave is not extended or the person's salary is reduced below 60
percent of the person's regular monthly salary, and the person is a
member of a pension fund, the person may retire on pension until
able to return to duty.
(c) If pension benefits are not available to a fire fighter
or police officer who is temporarily disabled by a line of duty
injury or illness and if the year at full pay and any extensions
granted by the governing body have expired, the fire fighter or
police officer may use accumulated sick leave, vacation time, and
other accrued benefits before the person is placed on temporary
leave.
(d) If a fire fighter or police officer is temporarily
disabled by an injury or illness that is not related to the person's
line of duty, the person may use all sick leave, vacation time, and
other accumulated time before the person is placed on temporary
leave.
(e) After recovery from a temporary disability, a fire
fighter or police officer shall be reinstated at the same rank and
with the same seniority the person had before going on temporary
leave. Another fire fighter or police officer may voluntarily do
the work of an injured fire fighter or police officer until the
person returns to duty.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 683, § 1, eff. Sept. 1, 2001.
§ 143.074. REAPPOINTMENT AFTER RECOVERY FROM
DISABILITY. With the commission's approval and if otherwise
qualified, a fire fighter or police officer who has been certified
by a physician selected by a pension fund as having recovered from a
disability for which the person has been receiving a monthly
disability pension is eligible for reappointment to the classified
position that the person held on the date the person qualified for
the monthly disability pension.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 683, § 2, eff. Sept. 1, 2001.
§ 143.075. MILITARY LEAVE TIME ACCOUNTS. (a) A
municipality shall maintain military leave time accounts for the
fire and police departments and must maintain a separate military
leave time account for each department.
(b) A military leave time account shall benefit a fire
fighter or police officer who:
(1) is a member of the Texas National Guard or the
armed forces reserves of the United States;
(2) was called to active federal military duty while
serving as a fire fighter or police officer for the municipality;
(3) has served on active duty for a period of 12
continuous months or longer; and
(4) has exhausted the balance of the person's
vacation, holiday, and compensatory leave time accumulations.
(c) A fire fighter or police officer may donate any amount
of accumulated vacation, holiday, sick, or compensatory leave time
to the military leave time account in that fire fighter's or police
officer's department to help provide salary continuation for fire
fighters or police officers who qualify as eligible beneficiaries
of the account under Subsection (b). A fire fighter or police
officer who wishes to donate time to an account under this section
must authorize the donation in writing on a form provided by the
fire or police department and approved by the municipality.
(d) A municipality shall equally distribute the leave time
donated to a military leave time account among all fire fighters or
police officers who are eligible beneficiaries of that account.
The municipality shall credit and debit the applicable military
leave time account on an hourly basis regardless of the cash value
of the time donated or used.
Added by Acts 2003, 78th Leg., ch. 287, § 2, eff. June 18, 2003.
SUBCHAPTER F. MISCELLANEOUS PROVISIONS
§ 143.081. DETERMINATION OF PHYSICAL AND MENTAL
FITNESS. (a) This section does not apply to a municipality with a
population of 1.5 million or more.
(b) If a question arises as to whether a fire fighter or
police officer is sufficiently physically or mentally fit to
continue the person's duties, the 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 a 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's findings as to the person's fitness for duty shall determine
the issue.
(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.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 26(h), eff. Aug. 28, 1989; Acts
1989, 71st Leg., ch. 890, § 1, eff. Aug. 28, 1989.
§ 143.082. EFFICIENCY REPORTS. (a) The commission may
develop proper procedures and rules for semiannual efficiency
reports and grades for each fire fighter or police officer.
(b) If the commission collects efficiency reports on fire
fighters or police officers, the commission shall provide each
person with a copy of that person's report.
(c) Within 10 calendar days after the date a fire fighter or
police officer receives the copy of the person's efficiency report,
the person may make a statement in writing concerning the
efficiency report. The statement shall be placed in the person's
personnel file with the efficiency report.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 26(i), eff. Aug. 28, 1989.
§ 143.083. EMERGENCY APPOINTMENT OF TEMPORARY FIRE
FIGHTERS AND POLICE OFFICERS. (a) If a municipality is unable to
recruit qualified fire fighters or police officers because of the
maximum age limit prescribed by Section 143.023 and the
municipality's governing body finds that this inability creates an
emergency, the commission shall recommend to the governing body
additional rules governing the temporary employment of persons who
are 36 years of age or older.
(b) A person employed under this section:
(1) is designated as a temporary employee;
(2) is not eligible for pension benefits;
(3) is not eligible for appointment or promotion if a
permanent applicant or employee is available;
(4) is not eligible to become a full-fledged civil
service employee; and
(5) must be dismissed before a permanent civil service
employee may be dismissed under Section 143.085.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.084. CIVIL SERVICE STATUS AND PENSION BENEFITS FOR
CERTAIN FIRE FIGHTERS AND POLICE OFFICERS. (a) Each fire fighter
or police officer who, since December 31, 1969, has been
continuously employed as a temporary employee under the provision
codified as Section 143.083 has the full status of a civil service
employee with all the rights and privileges granted by Section
143.005.
(b) A fire fighter or police officer covered by Subsection
(a) is eligible to participate in earned pension benefits. The
person may buy back service credits in the pension fund in which the
permanent fire fighters or police officers in the department have
participated since that person's employment. The credits may be
bought at a rate determined by the actuary of the affected pension
fund.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.085. FORCE REDUCTION AND REINSTATEMENT LIST.
(a) If a municipality's governing body adopts an ordinance that
vacates or abolishes a fire or police department position, the fire
fighter or police officer who holds that position shall be demoted
to the position immediately below the vacated or abolished
position. If one or more positions of equal rank are vacated or
abolished, the fire fighters or police officers who have the least
seniority in a position shall be demoted to the position
immediately below the vacated or abolished position. If a fire
fighter or police officer is demoted under this subsection without
charges being filed against the person for violation of civil
service rules, the fire fighter or police officer shall be placed on
a position reinstatement list in order of seniority. If the vacated
or abolished position is filled or re-created within one year after
the date it was vacated or abolished, the position must be filled
from the reinstatement list. Appointments from the reinstatement
list shall be made in order of seniority. A person who is not on the
list may not be appointed to the position during the one-year period
until the reinstatement list is exhausted.
(b) If a position in the lowest classification is abolished
or vacated and a fire fighter or police officer must be dismissed
from the department, the fire fighter or police officer with the
least seniority shall be dismissed. If a fire fighter or police
officer is dismissed under this subsection without charges being
filed against the person for violation of civil service rules, the
fire fighter or police officer shall be placed on a reinstatement
list in order of seniority. Appointments from the reinstatement
list shall be made in order of seniority. Until the reinstatement
list is exhausted, a person may not be appointed from an eligibility
list. When a person has been on a reinstatement list for three
years, the person shall be dropped from the list but shall be
restored to the list at the request of the commission.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.086. POLITICAL ACTIVITIES. (a) While in uniform
or on active duty, a fire fighter or police officer may not take an
active part in another person's political campaign for an elective
position of the municipality.
(b) For the purposes of this section, a person takes an
active part in a political campaign if the person:
(1) makes a political speech;
(2) distributes a card or other political literature;
(3) writes a letter;
(4) signs a petition;
(5) actively and openly solicits votes; or
(6) makes public derogatory remarks about a candidate
for an elective position of the municipality.
(c) A fire fighter or police officer may not be required to
contribute to a political fund or to render a political service to a
person or party. A fire fighter or police officer may not be
removed, reduced in classification or salary, or otherwise
prejudiced for refusing to contribute to a political fund or to
render a political service.
(d) A municipal official who attempts to violate Subsection
(c) violates this chapter.
(e) Except as expressly provided by this section, the
commission or the municipality's governing body may not restrict a
fire fighter's or police officer's right to engage in a political
activity.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.087. STRIKE PROHIBITION. (a) A fire fighter or
police officer may not engage in a strike against the governmental
agency that employs the fire fighter or police officer.
(b) In addition to the penalty prescribed by Section
143.016, if a fire fighter or police officer is convicted of an
offense for violating this section, the person shall be
automatically released and discharged from the fire or police
department. After the person is discharged from the department,
the person may not receive any pay or compensation from public funds
used to support the fire or police department.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 143.088. UNLAWFUL RESIGNATION