HomeMy WebLinkAboutCivil Service Commission Guidelines
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SUBCHAPTER A. GENERAL PROVISIONS 3
SEC. 143.001. PURPOSE. 3
SEC. 143.002. MUNICIPALITIES COVERED BY CHAPTER. 3
SEC. 143.003. DEFINITIONS. 4
SEC. 143.004. ELECTION TO ADOPT OR REPEAL CHAPTER. 5
SEC. 143.005. STATUS OF EMPLOYEES IF CHAPTER ADOPTED. 6
SEC. 143.0051A. STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS. 6
SEC. 143.0051B. STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS. 7
SEC. 143.006. IMPLEMENTATION: COMMISSION. 8
SEC. 143.007. REMOVAL OF COMMISSION MEMBER. 10
SEC. 143.008. ADOPTION AND PUBLICATION OF RULES. 11
SEC. 143.009. COMMISSION INVESTIGATIONS AND INSPECTIONS. 11
SEC. 143.010. COMMISSION APPEAL PROCEDURE. 12
SEC. 143.011. DECISIONS AND RECORDS. 13
SEC. 143.012. DIRECTOR. 13
SEC. 143.013. APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD. 14
SEC. 143.014. APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED IMMEDIATELY
BELOW DEPARTMENT HEAD. 15
SEC. 143.015. APPEAL OF COMMISSION DECISION TO DISTRICT COURT. 17
SEC. 143.016. PENALTY FOR VIOLATION OF CHAPTER. 17
SUBCHAPTER B. CLASSIFICATION AND APPOINTMENT 17
SEC. 143.021. CLASSIFICATION; EXAMINATION REQUIREMENT. 18
SEC. 143.022. PHYSICAL REQUIREMENTS AND EXAMINATIONS. 18
SEC. 143.023. ELIGIBILITY FOR BEGINNING POSITION. 19
SEC. 143.024. ENTRANCE EXAMINATION NOTICE. 19
SEC. 143.025. ENTRANCE EXAMINATIONS. 20
SEC. 143.0251. REAPPOINTMENT AFTER RESIGNATION. 21
SEC. 143.026. PROCEDURE FOR FILLING BEGINNING POSITIONS. 21
SEC. 143.027. PROBATIONARY PERIOD. 22
SEC. 143.028. ELIGIBILITY FOR PROMOTION. 23
SEC. 143.029. PROMOTIONAL EXAMINATION NOTICE. 24
SEC. 143.030. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL EXAMINATION. 24
SEC. 143.031. ELIGIBILITY FOR POLICE DEPARTMENT PROMOTIONAL EXAMINATION.
25
SEC. 143.032. PROMOTIONAL EXAMINATION PROCEDURE. 26
SEC. 143.033. PROMOTIONAL EXAMINATION GRADES. 27
SEC. 143.034. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION. 28
SEC. 143.035. ALTERNATE PROMOTIONAL SYSTEM IN POLICE DEPARTMENT. 29
SEC. 143.036. PROCEDURE FOR MAKING PROMOTIONAL APPOINTMENTS. 30
SEC. 143.037. RECORD OF CERTIFICATION AND APPOINTMENT. 32
SEC. 143.038. TEMPORARY DUTIES IN HIGHER CLASSIFICATION. 33
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SUBCHAPTER C. COMPENSATION 33
SEC. 143.041. SALARY. 33
SEC. 143.042. ASSIGNMENT PAY. 34
SEC. 143.043. FIELD TRAINING OFFICER ASSIGNMENT PAY. 34
SEC. 143.044. CERTIFICATION, EDUCATIONAL INCENTIVE, AND FITNESS INCENTIVE
PAY. 34
SEC. 143.045. ACCUMULATION AND PAYMENT OF SICK LEAVE. 35
SEC. 143.046. VACATIONS. 36
SEC. 143.047. SHIFT DIFFERENTIAL PAY. 37
SUBCHAPTER D. DISCIPLINARY ACTIONS 37
SEC. 143.051. CAUSE FOR REMOVAL OR SUSPENSION. 37
SEC. 143.052. DISCIPLINARY SUSPENSIONS. 38
SEC. 143.053. APPEAL OF DISCIPLINARY SUSPENSION. 39
SEC. 143.054. DEMOTIONS. 40
SEC. 143.055. UNCOMPENSATED DUTY OF POLICE OFFICERS. 41
SEC. 143.056. PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR
COMPLAINT. 41
SEC. 143.057. HEARING EXAMINERS. 43
SUBCHAPTER E. LEAVES 45
SEC. 143.071. LEAVES OF ABSENCE; RESTRICTION PROHIBITED. 45
SEC. 143.072. MILITARY LEAVE OF ABSENCE. 45
SEC. 143.073. LINE OF DUTY ILLNESS OR INJURY LEAVE OF ABSENCE. 46
SEC. 143.074. REAPPOINTMENT AFTER RECOVERY FROM DISABILITY. 47
SEC. 143.075. MILITARY LEAVE TIME ACCOUNTS. 48
SUBCHAPTER F. MISCELLANEOUS PROVISIONS 49
SEC. 143.081. DETERMINATION OF PHYSICAL AND MENTAL FITNESS. 49
SEC. 143.082. EFFICIENCY REPORTS. 49
SEC. 143.083. EMERGENCY APPOINTMENT OF TEMPORARY FIRE FIGHTERS AND
POLICE OFFICERS. 50
SEC. 143.084. CIVIL SERVICE STATUS AND PENSION BENEFITS FOR CERTAIN FIRE
FIGHTERS AND POLICE OFFICERS. 50
SEC. 143.086. POLITICAL ACTIVITIES. 51
SEC. 143.087. STRIKE PROHIBITION. 52
SEC. 143.088. UNLAWFUL RESIGNATION OR RETIREMENT. 52
SEC. 143.089. PERSONNEL FILE. 53
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LOCAL GOVERNMENT CODE
CHAPTER 143 - MUNICIPAL CIVIL SERVICE FOR
FIREFIGHTERS AND POLICE OFFICERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
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municipality no longer meets the population requirement of Subsection (a)(1).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 576,
Sec. 1, eff. Aug. 30, 1993; Acts 2005, 79th Leg., ch. 212, Sec. 1, eff. May 27, 2005; Acts 2005,
79th Leg., ch. 1163, Sec. 1, eff. June 18, 2005.
Sec. 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
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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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 498,
Sec. 1, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 738, Sec. 1, eff. Sept. 1, 2005.
Sec. 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.
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Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch.
1034, Sec. 7, eff. Sept. 1, 2005.
Sec. 143.0051a. STATUS OF EMPLOYEES IN CERTAIN FIRE
DEPARTMENTS.
Text of section as added by Acts 2005, 79th Leg., ch. 129, Sec. 1
(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
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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, Sec. 1, eff. Sept. 1, 2005.
For text of section as added by Acts 2005, 79th Leg., ch. 869, see post.
Sec. 143.0051b. STATUS OF EMPLOYEES IN CERTAIN FIRE
DEPARTMENTS.
Text of section as added by Acts 2005, 79th Leg., ch. 869, Sec. 1
(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
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(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, Sec. 1, eff. Sept. 1, 2005.
For text of section as Added by Acts 2005, 79th Leg., ch. 129, Sec. 1, see ante.
Sec. 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
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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
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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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch. 475,
Sec. 1, eff. June 17, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 76,
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Sec. 5.95(82), eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
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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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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,
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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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 25(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1248, Sec. 48, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
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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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 355,
Sec. 1, eff. Sept. 1, 1999.
Sec. 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
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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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
Page -16 -
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
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this section or to be appointed or reappointed as a condition of tenure or continued employment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. CLASSIFICATION AND APPOINTMENT
Page -18 -
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 64,
Sec. 1, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Page -19 -
Sec. 26(b), eff. Aug. 28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch. 380,
Sec. 1, eff. June 17, 2005.
Sec. 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.
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Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
Page -21 -
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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 756,
Sec. 1, 2, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 628, Sec. 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 380, Sec. 2, eff. June 17,
2005.
Sec. 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, Sec. 2, eff. Sept. 1, 1995.
Sec. 143.026. PROCEDURE FOR FILLING BEGINNING POSITIONS.
(a) When a vacancy occurs in a beginning position in a fire or police department, the department
Page -22 -
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, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.027. PROBATIONARY PERIOD.
Text of Subsec. (a) as amended by Acts 2005, 79th Leg., ch. 909, Sec. 1.
(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 less than 1.9 million, the
commission by rule may extend the probationary period by not longer than six months for persons
who:
(1) are not employed by a department in which a collective bargaining agreement or meet-and-
confer agreement currently exists or previously existed; and
(2) must attend a basic training academy necessary for initial certification by the Texas Commission
on Fire Protection or the Commission on Law Enforcement Officer Standards and Education.
Text of Subsec. (a) as amended by Acts 2005, 79th Leg., ch. 869, Sec. 2.
(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
Page -23 -
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 currently or previously covered by a collective bargaining
agreement or a meet-and-confer agreement; 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch. 869,
Sec. 2, eff. Sept. 1, 2005; Acts 2005, 79th Leg., ch. 909, Sec. 1, eff. Sept. 1, 2005.
Sec. 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.
Page -24 -
(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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch. 833,
Sec. 2, eff. June 17, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
Page -25 -
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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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.
Page -26 -
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 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;
Page -27 -
(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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 26(c), eff. Aug. 28, 1989; Acts 2005, 79th Leg., ch. 833, Sec. 1, eff. June 17, 2005.
Sec. 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
Page -28 -
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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 26(d), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1991; Acts 2005,
79th Leg., ch. 869, Sec. 3, eff. Sept. 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 26(e), eff. Aug. 28, 1989.
Page -29 -
Sec. 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.
Page -30 -
(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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch.
1018, Sec. 1, eff. Aug. 30, 1993.
Sec. 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).
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(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
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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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 26(f), eff. Aug. 28, 1989; Acts 2005, 79th Leg., ch. 869, Sec. 4, eff. Sept. 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
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Sec. 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, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. COMPENSATION
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch.
1172, Sec. 1, eff. Aug. 28, 1989; Acts 2005, 79th Leg., ch. 552, Sec. 1, eff. Sept. 1, 2005.
Page -34 -
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
Page -35 -
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, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2005, 79th Leg., ch. 552, Sec. 2, 3, eff. Sept. 1, 2005.
Sec. 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
Page -36 -
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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
Page -37 -
accumulate vacation leave from year to year.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 3, eff. Aug. 28, 1989.
SUBCHAPTER D. DISCIPLINARY ACTIONS
Sec. 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
Page -38 -
(12) violation of an applicable fire or police department rule or special order.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 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.
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(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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 26(g), eff. Aug. 28, 1989.
Sec. 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
Page -40 -
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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 740,
Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Page -41 -
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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.
Page -42 -
(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, Sec. 1, eff. Sept. 1, 1987.
Page -43 -
Sec. 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
Page -44 -
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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2005, 79th Leg., ch. 869,
Sec. 5, eff. Sept. 1, 2005.
Page -45 -
SUBCHAPTER E. LEAVES
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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:
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(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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 287,
Sec. 1, eff. June 18, 2003.
Sec. 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
Page -47 -
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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 683,
Sec. 1, eff. Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 683,
Page -48 -
Sec. 2, eff. Sept. 1, 2001.
Sec. 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, Sec. 2, eff. June 18, 2003.
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SUBCHAPTER F. MISCELLANEOUS PROVISIONS
Sec. 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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 26(h), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 890, Sec. 1, eff. Aug. 28, 1989.
Sec. 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
Page -50 -
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, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 26(i), eff. Aug. 28, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
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employment. The credits may be bought at a rate determined by the actuary of the affected pension
fund.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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
Page -52 -
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, Sec. 1, eff. Sept. 1, 1987.
Sec. 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, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.088. UNLAWFUL RESIGNATION OR RETIREMENT.
(a) This section does not apply to a municipality with a population of 1.5 million or more.
(b) A person commits an offense if the person accepts money or anything of value from another
person in return for retiring or resigning from the person's civil service position.
Page -53 -
(c) A person commits an offense if the person gives money or anything of value to another person in
return for the other person's retirement or resignation from the person's civil service position.
(d) An offense under this section is a Class A misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.089. PERSONNEL FILE.
(a) The director or the director's designee shall maintain a personnel file on each fire fighter and
police officer. The personnel file must contain any letter, memorandum, or document relating to:
(1) a commendation, congratulation, or honor bestowed on the fire fighter or police officer by a
member of the public or by the employing department for an action, duty, or activity that relates to
the person's official duties;
(2) any misconduct by the fire fighter or police officer if the letter, memorandum, or document is
from the employing department and if the misconduct resulted in disciplinary action by the
employing department in accordance with this chapter; and
(3) the periodic evaluation of the fire fighter or police officer by a supervisor.
(b) A letter, memorandum, or document relating to alleged misconduct by the fire fighter or police
officer may not be placed in the person's personnel file if the employing department determines that
there is insufficient evidence to sustain the charge of misconduct.
(c) A letter, memorandum, or document relating to disciplinary action taken against the fire fighter
or police officer or to alleged misconduct by the fire fighter or police officer that is placed in the
person's personnel file as provided by Subsection (a)(2) shall be removed from the employee's file if
the commission finds that:
(1) the disciplinary action was taken without just cause; or
(2) the charge of misconduct was not supported by sufficient evidence.
(d) If a negative letter, memorandum, document, or other notation of negative impact is included in
a fire fighter's or police officer's personnel file, the director or the director's designee shall, within 30
days after the date of the inclusion, notify the affected fire fighter or police officer. The fire fighter
or police officer may, on or before the 15th day after the date of receipt of the notification, file a
written response to the negative letter, memorandum, document, or other notation.
(e) The fire fighter or police officer is entitled, on request, to a copy of any letter, memorandum, or
Page -54 -
document placed in the person's personnel file. The municipality may charge the fire fighter or
police officer a reasonable fee not to exceed actual cost for any copies provided under this
subsection.
(f) The director or the director's designee may not release any information contained in a fire
fighter's or police officer's personnel file without first obtaining the person's written permission,
unless the release of the information is required by law.
(g) A fire or police department may maintain a personnel file on a fire fighter or police officer
employed by the department for the department's use, but the department may not release any
information contained in the department file to any agency or person requesting information relating
to a fire fighter or police officer. The department shall refer to the director or the director's designee
a person or agency that requests information that is maintained in the fire fighter's or police officer's
personnel file.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 25(c), eff. Aug. 28, 1989. Amended by Acts 1989, 71st
Leg., ch. 1248, Sec. 84, eff. Sept. 1, 1989.
Page -55 -
SUBCHAPTER G. PROVISIONS APPLICABLE TO MUNICIPALITY
WITH POPULATION OF 1.5 MILLION OR MORE AND CERTAIN
OTHER MUNICIPALITIES
Sec. 143.101. SUBCHAPTER APPLICABLE PRIMARILY TO MUNICIPALITY WITH
POPULATION OF 1.5 MILLION OR MORE; APPLICATION OF OTHER SUBCHAPTERS. (a)
Except as otherwise provided, this subchapter applies only to a municipality with a population of 1.5
million or more.
(b) Except as otherwise provided, the provisions of Subchapters A-F apply to each municipality
covered under this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.1014. NOTICE REQUIREMENT FOR CERTAIN MEETINGS OR HEARINGS. (a) The
department shall provide to a fire fighter or police officer notice of the time and location of a
meeting or hearing not later than the 48th hour before the hour on which the meeting or hearing is
held if the meeting or hearing is:
(1) related to an internal departmental or other municipal investigation of the fire fighter or police
officer at which the fire fighter or police officer is required or entitled to be present, including an
interrogation;
(2) related to a grievance filed by the fire fighter or police officer under Sections 143.127 through
143.134; or
(3) an opportunity to respond to charges against the fire fighter or police officer before the
department terminates the fire fighter's or police officer's employment.
(b) A fire fighter or police officer may waive the notice prescribed by this section.
Added by Acts 1989, 71st Leg., ch. 140, Sec. 1, eff. May 25, 1989. Renumbered from 143.1016 by
Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(19), eff. Sept. 6, 1990.
Sec. 143.1015. COMMISSION APPEAL PROCEDURE; SUBPOENA REQUEST. (a) An appeal
by a fire fighter or police officer to the commission from an action for which an appeal or review is
provided by this chapter is sufficient if the fire fighter or police officer files it with the commission
Page -56 -
within 15 days after the date the action occurred. In an appeal provided by this chapter the
commission shall render a decision in writing within 60 days after it received the notice of appeal,
unless the provisions of Section 143.1017(d) have been invoked by the fire fighter or police officer.
If the commission does not render a decision in writing within 60 days after the date it receives
notice of the appeal, the commission shall sustain the fire fighter's or police officer's appeal.
(b) On or before the 15th day before the date the appeal hearing will be held, the commission shall
notify the fire fighter or police officer of the date on which the commission will hold the hearing.
(c) The commission may not restrict the fire fighter's or police officer's ability to subpoena relevant
witnesses.
(d) Within three days after the date the fire fighter or police officer receives the commission's
written refusal to subpoena materials, the fire fighter or police officer may request in writing that the
commission hold a hearing relating to the reasons for that person's subpoena request.
(e) The hearing relating to the reasons for the fire fighter's or police officer's subpoena request shall
be held on the date set for the original appeal hearing. If the commission overrules the subpoena
request at the hearing:
(1) the commission may hear the fire fighter's or police officer's appeal on that date; or
(2) if the commission finds that justice is served by a continuance, the commission shall:
(A) reschedule the hearing to the commission's next regularly scheduled meeting; and
(B) give the fire fighter or police officer 15 days notice of that date.
(f) If the commission sustains the fire fighter's or police officer's subpoena request at the hearing,
the commission shall:
(1) reschedule the appeal hearing date to the commission's next regularly scheduled meeting; and
(2) give the fire fighter or police officer 15 days notice of that date.
(g) If the commission reschedules a hearing under this section in an appeal relating to an indefinite
suspension, the commission shall render a decision in writing within 60 days after the date it
receives notice of appeal.
(h) If the commission does not hold a hearing on the fire fighter's or police officer's subpoena
request as prescribed by this section, the commission shall sustain the fire fighter's or police officer's
appeal.
(i) A municipal employee who is subpoenaed to appear in any appeal of a disciplinary decision is
Page -57 -
entitled to applicable pay for the time the employee is required to be present at the hearing.
Witnesses whose testimony relates primarily to the character or reputation of the employee shall be
limited by the hearing examiner or commission if the testimony is repetitious or unduly prolongs the
hearing. If the hearing examiner or commission limits the number of character or reputation
witnesses, additional witness statements may be presented by affidavit. The character witnesses are
not entitled to applicable pay for the time they are required to be present at the hearing.
(j) In any hearing relating to the appeal or review of an action of the department head that affects a
fire fighter or police officer, the department head shall have the burden of proof. The department
head is required to prove the allegations contained in the written statement, and the department head
is restricted to the written statement and charges, which may not be amended.
(k) In an appeal to a hearing examiner, the director may, within five working days after the date the
hearing examiner is chosen, send to the hearing examiner the following:
(1) the name of the fire fighter or police officer who is appealing;
(2) the written reasons filed by the department head with the commission in the case of a
promotional passover or a recommended demotion;
(3) the specific provisions of the rules alleged to have been violated in the case of a suspension; and
(4) the date and place of the alleged civil service violation.
The director may not send the hearing examiner the department head's original written statement.
The department head shall submit the written statement and charges to the hearing examiner at the
hearing.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 25(d), eff. Aug. 28, 1989. Amended by Acts 1989, 71st
Leg., ch. 854, Sec. 3, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 906, Sec. 1, eff. Aug. 28, 1989.
Sec. 143.1016. HEARING EXAMINERS. (a) In addition to the other notice requirements
prescribed by this chapter, the letter of disciplinary action issued to a fire fighter or police officer
must state that in an appeal of an indefinite suspension, a suspension, a promotional pass over, 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
Page -58 -
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 and no motion to consolidate is filed
under Subsection (k) of this section, the director shall on the next work day following notice that the
parties have failed to agree on a selection of a hearing examiner 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 25 days after the date the appeal was filed, each party or the party's
designee shall on the 25th day after the appeal was filed alternate striking a name from the list and
the name remaining is the hearing examiner. In the event that the 25th day falls on a Saturday,
Sunday, or a legal holiday, then the parties shall strike the list the next work day. The parties or
their designees shall agree on a date for the hearing that is within the time period prescribed by
Subsection (e). In the event that the director does not request the list of seven qualified neutral
arbitrators within the time prescribed by this subsection or the department head or his designee fails
to strike the list within the time prescribed by this subsection, the fire fighter or police officer or his
designee shall select the arbitrator from the list provided. In the event that the fire fighter or police
officer or his designee fails to strike the list within the time prescribed by this subsection, the
department head or his designee shall select the arbitrator from the list provided.
(e) The appeal hearing must begin within 60 days after the date the appeal is filed and 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
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prescribed by Subsection (d). If the appeal hearing is not begun within 60 days after the date the
appeal is filed, the indefinite suspension, suspension, promotional pass over, or recommended
demotion is upheld and the appeal is withdrawn if the fire fighter or police officer is not ready to
proceed, and the appeal is sustained if the department head is not ready to proceed. In computing
the 60-day period, a period of delay not to exceed 30 calendar days because of a continuance granted
at the request of the department head or his representative or the fire fighter or police officer or his
representative on good cause being shown, or because of the unavoidable unavailability of the
hearing examiner on the date of the hearing, or because of the pendency of a motion to consolidate
with another hearing as provided in Subsection (k) of this section is excluded. In no event may a
hearing examiner grant a continuance beyond 30 days in an indefinite suspension. A hearing
examiner may grant a continuance beyond the 30-day period upon good cause being shown in a
disciplinary suspension unless the fire fighter or police officer has another disciplinary action
pending.
(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 closed.
(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. If the basis for the appeal of the hearing examiner's
award is based on the grounds that the arbitration panel was without jurisdiction or exceeded its
Page -60 -
jurisdiction, the petition must be filed in district court within 10 days of the hearing examiner's
decision. An appeal must be brought in the district court having jurisdiction in the municipality in
which the fire or police department is located. In the event the municipality is located in more than
one county then the suit must be brought in the county having the majority of the population of the
municipality.
(k) In an appeal of an indefinite suspension, a suspension, a promotional pass over, or a
recommended demotion, each appealing fire fighter or police officer or the appealing fire fighter's or
police officer's representative shall be entitled to the selection of a hearing examiner pursuant to
Subsection (d) of this section to hear the case. The fire fighter, police officer, department head, or a
representative of any of those may, within 10 days of the date they received notice of the appeal, file
a motion with a copy to the opposing side to consolidate the case with that of one or more other fire
fighters or police officers where the charges arise out of the same incident. The motion to
consolidate may be agreed to in writing and filed with the director. If a motion to consolidate the
cases is filed and not agreed to, a hearing examiner shall be chosen pursuant to the provisions of
Subsection (d) of this section to hear the motion. The decision of the hearing examiner shall be final
and binding as to the issue of consolidation. The hearing examiner chosen to hear the motion to
consolidate shall not hear the case, and the provisions of Subsection (d) of this section shall be used
to choose the hearing examiner with the day the decision is rendered being the equivalent of the date
the appeal was filed.
Added by Acts 1989, 71st Leg., ch. 854, Sec. 4, eff. June 14, 1989.
Sec. 143.1017. PROCEDURES AFTER FELONY INDICTMENT OR OTHER CRIME OF
MORAL TURPITUDE. (a) If a fire fighter or police officer is indicted for a felony or officially
charged with the commission of any other crime involving moral turpitude, the department head may
temporarily suspend the person with or without pay for a period not to exceed 30 days after the date
the fire fighter or police officer gives notice of final disposition of the specified felony indictment or
any other crime involving moral turpitude.
(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.
Page -61 -
(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 60 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
any other crime involving moral turpitude 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) Final conviction of a felony shall be the basis for dismissal without notice or further proceedings
under this Act, and conviction of any other crime involving moral turpitude 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
any other crime involving moral turpitude 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.
Added by Acts 1989, 71st Leg., ch. 854, Sec. 2, eff. June 14, 1989.
Sec. 143.1018. EX PARTE COMMUNICATIONS. (a) While any matter subject to a hearing under
this chapter is pending, a person may not, except in giving sworn testimony at the hearing or as
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otherwise provided by law, communicate with the commission, a hearing examiner, or a grievance
examiner regarding the facts of the matter under consideration unless the other party or their
representative is present. Notwithstanding the provisions of this subsection, it shall not be a
violation for either party to file written briefs or written motions in the case if copies were served on
the opposing party.
(b) If the commission, hearing examiner, grievance examiner, or a court of competent jurisdiction
determines that a person has violated Subsection (a) on behalf of and with the knowledge of the fire
fighter or police officer who filed the appeal, request for a review, or grievance, a ruling shall be
entered that dismisses the appeal, review, or grievance. If the commission, hearing examiner,
grievance examiner, or a court of competent jurisdiction determines that a person violated
Subsection (a) on behalf of or in favor of the department head or the department head's
representative or on behalf of and with the knowledge of a person against whom a grievance was
filed, a ruling shall be entered that upholds the position of the fire fighter or police officer that filed
the appeal, request for a review, or grievance.
(c) While any matter subject to a hearing under the grievance procedure of Section 143.130 is
pending, the director shall only send the name of the parties to the grievance, the original grievance,
the written responses to the grievance, and any documents filed in the case by either party if copies
were served upon the opposing party.
Added by Acts 1989, 71st Leg., ch. 906, Sec. 2, eff. Aug. 28, 1989.
Sec. 143.102. APPOINTMENT OF ASSISTANT CHIEF. (a) The head of the fire or police
department may appoint a person to a command staff position at the rank of assistant chief as
prescribed by this section.
(b) The heads of the fire and police departments shall establish required qualifying criteria for
persons appointed to command staff positions at the rank of assistant chief in their respective
departments. The required qualifying criteria used to select an assistant chief of the fire department
must include criteria relating to management experience, educational and training background,
special experience, and a performance evaluation. The required qualifying criteria must be approved
by a vote of two-thirds of the municipality's governing body present and voting. The head of the
police or fire department may not make an appointment until the required qualifying criteria are
established and approved as prescribed by this subsection.
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(c) To be eligible for appointment to a position at the rank of assistant chief of a police department,
a person must:
(1) be a member of the classified service;
(2) have served for at least five years in the department as a sworn police officer; and
(3) meet the additional qualifying criteria established and approved as prescribed by Subsection (b).
(d) To be eligible for appointment to a position at the rank of assistant chief of a fire department, a
person must:
(1) be a member of the classified service;
(2) have served for at least five years in the department as a certified fire fighter; and
(3) meet the additional qualifying criteria established and approved as prescribed by Subsection (b).
(e) The department head may remove without cause a person appointed under this section. If a
person is removed without cause, the person shall be restored to that person's highest rank earned by
competitive examination.
(f) If a person appointed under this section is temporarily or indefinitely suspended for cause from
the appointed position, the suspension is subject to the procedures for disciplinary action prescribed
by this chapter. If a person is indefinitely suspended for cause, the person does not have a right to
reinstatement to the highest rank earned by competitive examination except to the extent that the
indefinite suspension is reversed or modified by order of the commission or a hearing examiner.
(g) A person occupying a position in the rank of assistant chief of the fire or police department on
September 1, 1985, may not be removed except for cause in accordance with the procedures for
disciplinary action or demotion prescribed by this chapter.
(h) A person occupying a position in the rank of assistant chief of a fire or police department may
voluntarily demote himself to the highest rank the person earned by competitive examination.
(i) A person may remove himself from consideration for appointment under this section.
(j) A person appointed under this section may take any promotional examination for which the
person would have been eligible under this chapter.
(k) A person appointed under this section is subject to confirmation by the municipality's governing
body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 27(a), eff. Aug. 28, 1989.
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Sec. 143.103. SPECIALIZED POLICE DIVISIONS. (a) A peace officer employed by a municipal
department in which the peace officer performs duties in a specialized police division, including a
person employed as a park police officer, airport police officer, or municipal marshal, is entitled to
civil service status under this chapter. The governing body of the municipality employing a peace
officer in a specialized police division shall classify the officer in accordance with Section 143.021
and the duties performed by the peace officer.
(b) Except for positions classified in the communication or technical class, the governing body of
the municipality employing a peace officer in a specialized police division shall classify a position in
the division in the same class as a police officer position that is not in a specialized police division.
A member of a particular division is eligible for promotion or lateral crossover to a position outside
that division. The head of the police department, assistant chiefs of police, and deputy chiefs of
police, or their equivalent, regardless of name or title, may exercise the full sanctions, powers, and
duties of their respective offices in the supervision, management, and control of the members of
those classes and divisions, subject to the decisions of the department head regarding the chain of
command in the department.
(c) In departments in which a collective bargaining agreement or a meet-and-confer agreement
exists, Subsection (b) must be approved by the collective bargaining agent, meet-and-confer agent,
or entity representing the sworn officers of the department. This subsection does not apply to the
transfer of police officers.
(d) Each applicable provision of this chapter, including the provisions relating to eligibility lists,
examinations, promotions, appointments, educational incentive pay, longevity or seniority pay,
certification pay, assignment pay, salary, vacation leave, and disciplinary appeals, applies to a peace
officer employed by the municipality in a specialized police division as provided by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch.
1195, Sec. 1, eff. Sept. 1, 1997.
Sec. 143.104. EXAMINATION PROCEDURE. The commission shall adopt rules to standardize the
procedures for entrance and promotional examinations. The rules must provide:
(1) that each applicant have adequate space in which to take the examination;
(2) that each applicant be provided with a desk;
(3) that the room in which the examination is held have a public address system; and
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(4) the maximum number of times an applicant may leave the room during the examination and the
procedure each applicant must follow when leaving or entering the room during the examination.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.105. ELIGIBILITY FOR BEGINNING POSITION IN POLICE DEPARTMENT. In
addition to meeting the eligibility requirements prescribed by Section 143.023, to be certified as
eligible for a beginning position with a police department, a person must:
(1) be at least 21 years of age at the end of the probationary period;
(2) have served in the United States armed forces and received an honorable discharge; or
(3) have earned at least 60 hours' credit in any area of study at an accredited college or university.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.1051. ELIGIBILITY FOR BEGINNING POSITION IN FIRE DEPARTMENT. In
addition to meeting the eligibility requirements prescribed by Section 143.023, to be certified as
eligible for a beginning position with a fire department a person must:
(1) have served in the United States Armed Forces and received an honorable discharge; or
(2) have earned at least 15 hours of credit in any area of study at an accredited college or university.
Added by Acts 1991, 72nd Leg., ch. 841, Sec. 1, eff. Sept. 1, 1991.
Sec. 143.1055. APPLICANT FOR BEGINNING POSITION IN POLICE DEPARTMENT WITH
PREVIOUS EXPERIENCE. Notwithstanding any other requirement of this chapter, for any
applicant for a beginning position in the police department who has previous experience as a police
officer with another police department, the police department may:
(1) modify the police officer training academy requirements for the applicant; and
(2) allow the applicant to take the entrance examination before completing the academy training.
Added by Acts 2005, 79th Leg., ch. 629, Sec. 1, eff. June 17, 2005.
Sec. 143.106. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL EXAMINATION. (a)
Each promotional examination is open to each fire fighter who at any time has continuously held for
at least two years a position in the classification that is immediately below, in salary, the
classification for which the examination is to be held.
(b) If the department has adopted a classification plan that classifies positions on the basis of
similarity in duties and responsibilities, each promotional examination is open to each fire fighter
who has continuously held for at least two years a position at the next lower pay grade, if it exists, in
Page -66 -
the class for which the examination is to be held.
(c) If there are not enough fire fighters in the next lower position with two years' service in that
position to provide an adequate number of persons to take the examination, the commission may
open the examination to persons in that position with less than two years' service. If there is still an
insufficient number, the commission may open the examination to persons with at least two years'
experience in the second lower position, in salary, to the position for which the examination is to be
held.
(d) Repealed by Acts 1993, 73rd Leg., ch. 676, Sec. 4, eff. Sept. 1, 1993.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 676,
Sec. 4, eff. Sept. 1, 1993.
Sec. 143.107. PROMOTIONAL EXAMINATION NOTICE. (a) Notwithstanding Subsection (b),
Section 143.029, before the 90th day before the date a promotional examination in a fire department
is held, the commission shall post a notice of the examination in plain view on a bulletin board
located in the main lobby of the city hall and in the commission's office. The notice must show the
position to be filled or for which the examination is to be held and the date, time, and place of the
examination. The commission shall also furnish sufficient copies of the notice for posting in the
stations or subdepartments in which the position will be filled.
(b) Before the 30th day before the date a promotional examination is held, the municipality shall
post a notice of the number of newly created positions. The notice must be posted in plain view on a
bulletin board located in the main lobby of the city hall and in the commission's office. The
municipality shall also distribute the notice to all stations and subdepartments.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch.
263, Sec. 1, eff. Aug. 26, 1991.
Sec. 143.108. PROMOTIONAL EXAMINATION GRADES; PROMOTIONAL
APPOINTMENTS. (a) Each eligible promotional candidate from the fire or police department who
receives a grade of at least 70 points on a promotional examination is considered to have passed that
examination.
(b) If an eligibility list exists on the date a vacancy occurs, the vacancy shall be filled 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 vacancy shall be filled within 95 days after
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the date the vacancy occurs from an eligibility list that the commission shall provide within 90 days
after the date the vacancy occurs.
(c) If a fire or police department fails to fill a vacancy by an appointment within the time required
by Subsection (b), the fire fighter or police officer who is appointed to fill the vacancy is entitled to
receive in a lump-sum payment the difference between the pay that the fire fighter or police officer
received during the time that the position was unlawfully vacant and the pay that the fire fighter or
police officer would have received if the fire fighter or police officer had been appointed to the
position on the latest day provided for the appointment by Subsection (b). The fire fighter's or police
officer's seniority rights in the new position also date to the latest day provided for the appointment
by Subsection (b).
(d) If the municipality refuses to pay a fire fighter or to grant a fire fighter seniority rights as
provided by Subsection (c), a fire fighter may bring an action to recover the pay and seniority rights
in a court of competent jurisdiction. A fire fighter who prevails in a suit brought under this
subsection is entitled to recover three times the amount to which the fire fighter is entitled under
Subsection (c), seniority rights, costs of court, and reasonable attorney fees.
(e) If the municipality refuses to pay a police officer or to grant a police officer seniority rights as
provided by Subsection (c), the police officer may bring an action to recover the pay and seniority
rights in a court of competent jurisdiction.
(f) Notwithstanding Subsection (h), Section 143.036, each promotional eligibility list in the fire
department remains in existence for two years after the date on which the written examination is
given, unless exhausted. At the expiration of the two-year period, the eligibility list expires and a
new examination may be held.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 26(j), eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 263, Sec. 2, eff. Aug. 26, 1991; Acts 1991,
72nd Leg., ch. 870, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(18),
eff. Nov. 12, 1991; Acts 1993, 73rd Leg., ch. 676, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg.,
ch. 150, Sec. 1, eff. Sept. 1, 1997.
Sec. 143.109. CROSSOVER PROMOTIONS IN POLICE DEPARTMENT. (a) In this section:
(1) "Communications class" includes each person who performs the technical operation of police
radio communications.
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(2) "Technical class" includes each person who performs criminal laboratory analysis and
interpretations or the technical aspects of criminal identification and photography.
(b) Each person employed by the police department who is a member of the technical or
communications class is eligible for a promotion within that class.
(c) A member of the technical, communications, or uniformed and detective class is not eligible for
promotion to a position outside that class, and lateral crossover by promotion is prohibited. A
person may change classes only by qualifying for and entering the new class at the lowest entry level
of that class.
(d) The department head, assistant chiefs, and deputy chiefs, or their equivalent, regardless of name
or title, may exercise the full sanctions, powers, and duties of their respective offices in the
supervision, management, and control of the members of the technical, communications, and
uniformed and detective classes.
(e) Each provision of this chapter relating to eligibility lists, examinations, appointments, and
promotions applies to the appointment or promotion of members of the technical, communications,
and uniformed and detective classes within the members' respective class.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.1095. TRANSFERS IN POSITION IN SAME CLASSIFICATION IN FIRE
DEPARTMENT. (a) The head of the fire department may transfer a fire fighter from one position to
another position in the same classification in the fire department if the transfer is:
(1) a promotion or demotion of the fire fighter;
(2) required to balance the work force;
(3) for disciplinary reasons;
(4) based on the seniority of the fire fighter;
(5) a result of a mutual agreement between the department head and the fire fighter; or
(6) for any other specified reason the department head considers necessary.
(b) If the department head transfers a fire fighter under this section, the department head shall
designate in a written statement the basis for the transfer.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 28(a), eff. Aug. 28, 1989.
Sec. 143.110. SALARY. (a) Except as provided by Subsection (c) and Section 143.111, all fire
fighters or police officers in the same classification are entitled to the same base salary.
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(b) In addition to the base salary, each fire fighter or police officer is entitled to each of the
following types of pay, if applicable:
(1) longevity pay;
(2) seniority pay;
(3) educational incentive pay as authorized by Section 143.112;
(4) assignment pay as authorized by Section 143.113; and
(5) shift differential pay as authorized by Section 143.047.
(c) In computing longevity pay and base pay under this section for a police officer who has
completed the department's academy training requirements, the police department may include the
number of years, not to exceed five, that the police officer served in another police department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch.
1172, Sec. 2, eff. Aug. 28, 1989; Acts 2005, 79th Leg., ch. 629, Sec. 2, eff. June 17, 2005.
Sec. 143.111. TEMPORARY DUTIES IN HIGHER CLASSIFICATION. (a) The department head
may designate a person from the next lower classification to temporarily fill a position in a higher
classification. The designated person is entitled to the base salary of the higher position plus the
person's own longevity pay during the time the person performs the duties. Any person who is
required to act in a position of higher classification in an emergency situation shall be paid the base
salary of the higher position plus the person's own longevity pay for the entire shift without respect
to whether an emergency occurs on any particular shift of duty.
(b) The temporary performance of the duties of a higher position by a person who has not been
promoted as prescribed by this chapter may not be construed as a promotion of the person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 854,
Sec. 12, eff. June 14, 1989.
Sec. 143.1115. DETERMINATION OF PHYSICAL AND MENTAL FITNESS. (a) This section
provides the exclusive procedure for determining whether a fire fighter or police officer is
sufficiently physically or mentally fit to continue the person's duties or assignment.
(b) On receiving a written order by the department head, a fire fighter or police officer shall submit
to the commission a report from the person's personal physician, psychiatrist, or psychologist, as
appropriate.
(c) If the commission, the department head, or the fire fighter or police officer questions the report,
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the commission shall appoint a physician, psychiatrist, or psychologist, as appropriate, to examine
the fire fighter or police officer and to submit a report to the commission, the department head, and
the person.
(d) If the report of the appointed physician, psychiatrist, or psychologist, as appropriate, disagrees
with the report of the fire fighter's or police officer's personal physician, psychiatrist, or
psychologist, as appropriate, the commission shall appoint an independent three-member board
composed of a physician, a psychiatrist, and a psychologist or any combination, as appropriate, to
examine the fire fighter or police officer. The board shall submit to the commission a written report
of its finding regarding whether the fire fighter or police officer is sufficiently physically or mentally
fit to continue the person's duties or assignment. The commission, at its next regularly scheduled
meeting after the date it receives the report of the board, shall determine whether the fire fighter or
police officer is sufficiently physically or mentally fit to continue the person's duties or assignment.
The commission shall base its determination exclusively on the report of the board.
(e) The fire fighter or police officer shall pay the cost of the services of the person's personal
physician, psychiatrist, or psychologist, as appropriate. The municipality shall pay all other costs.
(f) The commission may not appoint a person to serve on a board appointed under Subsection (d) if
the person receives any compensation from the municipality, other than compensation for the
person's services as a board member.
Added by Acts 1989, 71st Leg., ch. 890, Sec. 2, eff. Aug. 28, 1989.
Sec. 143.112. EDUCATIONAL INCENTIVE PAY. (a) In this section:
(1) "Accredited college or university" means a college or university that is:
(A) accredited by a nationally recognized accrediting agency and by the state board of education in
the state in which the college or university is located; and
(B) approved or certified by:
(i) the Texas Commission on Law Enforcement Officer Standards and Education as teaching the
core curriculum or its equivalent in law enforcement; or
(ii) the Texas Commission on Fire Protection Personnel Standards and Education.
(2) "Core curriculum in law enforcement" means those courses in law enforcement education
approved by the Coordinating Board, Texas College and University System, and the Texas
Commission on Law Enforcement Officer Standards and Education.
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(b) The governing body of a municipality may authorize educational incentive pay for:
(1) each fire fighter within each classification who has successfully completed courses at an
accredited college or university that are applicable toward a degree in fire science; or
(2) each police officer within each classification who has successfully completed courses at an
accredited college or university that are applicable toward a degree in law enforcement--police
science and include the core curriculum in law enforcement.
(c) The educational incentive pay is in addition to the regular pay received by a fire fighter or police
officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.113. ASSIGNMENT PAY. (a) In this section:
(1) "Bilingual personnel" means a member of the fire or police department who in the performance
of the member's duties is capable of effectively translating orally a language other than English into
English, and when necessary, effectively translating the language into written English.
(2) "Emergency ambulance attendant" means a member of the fire department who provides
emergency medical care and emergency transportation for members of the public.
(3) "Field training officer" means a member of the fire department who is assigned to and performs
the duties and responsibilities of the field training officers program.
(4) "Hazardous materials response team personnel" means a member of the fire department who is
assigned to a hazardous materials response team and stabilizes or participates in the stabilization of
hazardous materials in an emergency.
(b) The municipality's governing body may authorize assignment pay for emergency ambulance
attendants, field training officers, and hazardous materials response team personnel. The
municipality's governing body may authorize assignment pay for fire fighters or police officers who
perform specialized functions in their respective departments, including but not limited to career
patrol officers. The assignment pay is in an amount and is payable under conditions set by ordinance
and is in addition to the regular pay received by members of the fire department. The head of the
fire department or police department is not eligible for the assignment pay authorized by this
subsection.
(c) The municipality's governing body may authorize assignment pay for bilingual personnel
performing specialized functions as interpreters or translators in their respective departments. The
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assignment pay is in an amount and is payable under conditions set by ordinance and is in addition
to the regular pay received by members of the fire or police department. If the ordinance applies
equally to each person who meets the criteria established by the ordinance, the ordinance may
provide for payment to each fire fighter or police officer who meets testing or other certification
criteria for an assignment, or the ordinance may set criteria that will determine the foreign languages
in which a person must be fluent or other criteria for eligibility. The ordinance may provide for
different rates of pay according to a person's capability and may allow more pay to those persons
who are capable of translating orally and into written English. The heads of the fire and police
departments are not eligible for the assignment pay authorized by this subsection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 854,
Sec. 5, eff. June 14, 1989.
Sec. 143.114. ASSIGNMENT PAY IN MUNICIPALITY WITH POPULATION OF 1.2 MILLION
OR MORE. (a) In this section:
(1) "Bomb squad personnel" means a member of the police department who is assigned to the bomb
squad and participates in the detection, handling, or disarming of explosive devices or materials.
(2) "Helicopter personnel" means a member of the police department who pilots a helicopter or
rides as an observer in a helicopter.
(3) "Special weapons and tactics personnel" means a member of the police department who is
assigned to and performs the duties and responsibilities of the special weapons and tactics squad.
(4) "Motorcycle personnel" means a member of the police department who is assigned to and
performs the duties of the motorcycle patrol detail.
(5) "Dive team personnel" means a member of the police department who is assigned to and
performs underwater search and rescue work.
(b) In a municipality with a population of 1.5 million or more, the municipality's governing body
may authorize assignment pay for:
(1) helicopter personnel;
(2) bomb squad personnel;
(3) special weapons and tactics personnel;
(4) motorcycle personnel;
(5) dive team personnel; and
Page -73 -
(6) police officers who perform specialized functions in their respective departments, including but
not limited to career patrol officers.
(c) The assignment pay is in an amount and is payable under conditions set by ordinance and is in
addition to the regular pay received by members of the police department. The head of the police
department is not eligible for the assignment pay authorized by this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 35,
Sec. 1, eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 289, Sec. 1, eff. Aug. 28, 1995; Acts 2001,
77th Leg., ch. 669, Sec. 61, eff. Sept. 1, 2001.
Sec. 143.115. PAYMENT OF ACCUMULATED VACATION LEAVE IN POPULOUS
MUNICIPALITY . (a) This section applies only to a municipality with a population of 1.1 million
or more.
(b) A fire fighter or police officer who leaves the classified service for any reason is entitled to
receive in a lump-sum payment the full amount of the person's salary for the period of the person's
accumulated vacation leave up to a maximum of 60 working days.
(c) A fire fighter or police officer who leaves the classified service or dies as the result of a line of
duty injury or illness or the beneficiaries of that fire fighter or police officer are entitled to the full
amount of the fire fighter's or police officer's salary for the total accumulated vacation leave.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 669,
Sec. 62, 63, eff. Sept. 1, 2001.
Sec. 143.1155. ACCUMULATED VACATION AND HOLIDAY LEAVE. A fire fighter or police
officer who leaves the classified service due to disability or the beneficiary of a fire fighter or police
officer who dies is entitled to receive a lump-sum payment of the full amount of the fire fighter's or
police officer's accumulated vacation and holiday leave.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 2, eff. Sept. 1, 1993.
Sec. 143.116. PAYMENT OF SICK LEAVE ON TERMINATION OF SERVICE. (a) A fire fighter
or police officer who leaves the classified service for any reason or the beneficiaries of a fire fighter
or police officer who dies as a result of a line of duty injury or illness are entitled to receive in a
lump-sum payment the full amount of the fire fighter's or police officer's accumulated sick leave as
provided by Subsections (b)-(e).
(b) A fire fighter or police officer hired before September 1, 1985, is entitled to have sick leave
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accumulated without limit. Sick leave accumulated before September 1, 1985, is valued at the
amount of the fire fighter's or police officer's salary on August 31, 1985. Sick leave accumulated
after September 1, 1985, is valued at the fire fighter's or police officer's average salary in the fiscal
year in which the sick leave was accumulated.
(c) Each day or part of a day of sick leave used by a fire fighter or police officer is charged to that
person's earliest acquired unused accumulated day of sick leave, in the same manner as is used in the
"first in, first out" accounting principle.
(d) Each fire fighter or police officer hired before September 1, 1985, may select coverage under the
municipal ordinance governing sick leave benefits and policy for the municipal employees who are
not subject to this chapter. This option is a one time only option that expires on December 31 of the
year in which this section takes effect in that municipality.
(e) The sick leave of a fire fighter or police officer who becomes a member of the fire or police
department on or after September 1, 1985, is covered by the municipal ordinance governing sick
leave benefits and policy for the municipal employees who are not subject to this chapter.
(f) The municipality shall provide in its annual budget a sum reasonably calculated to provide
funding for sick leave benefits for the fiscal year covered by that budget.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.117. DISCIPLINARY SUSPENSIONS. (a) The head of the fire or police department may
suspend a fire fighter or police officer under the department head's supervision or jurisdiction for
disciplinary reasons for a reasonable period not to exceed 15 days.
(b) The department head may suspend a fire fighter or police officer under this section only if the
person violates a civil service rule. However, the department head may not suspend a fire fighter or
police officer later than the 180th day after the date the department discovers or becomes aware of
the civil service rule violation. If, during an investigation of an alleged civil service rule violation, it
is alleged that the fire fighter or police officer under investigation committed another violation of a
civil service rule connected with the first alleged violation, the 180-day period prescribed by this
subsection does not begin again for purposes of a suspension of the fire fighter or police officer if
the second violation in question does not involve untruthfulness or refusal to obey a valid order to
make a statement, and therefore the department head may not suspend a fire fighter or police officer
for the second violation later than the 180th day after the date the department discovers or becomes
Page -75 -
aware of the original violation.
(c) If the department head suspends a fire fighter or police officer, the department head shall, within
120 hours after the fire fighter or police officer is notified of the suspension, file a written statement
of action with the commission.
(d) The suspension is void and the fire fighter or police officer is entitled to the person's full pay if:
(1) the department head fails to file the statement during the required time; or
(2) the suspension is imposed later than the 180th day after the date the department discovers or
becomes aware of the violation that resulted in the suspension.
(e) A fire fighter or police officer may appeal a disciplinary suspension as prescribed by Sections
143.010 and 143.1015.
(f) The provisions of Subsections (d) and (e) of Section 143.119 of this chapter apply to this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 25(e), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 409, Sec. 1, eff. Aug. 28, 1989; Acts 1989,
71st Leg., ch. 854, Sec. 6, eff. June 14, 1989.
Sec. 143.118. APPEAL OF DISCIPLINARY SUSPENSION. (a) If a suspended fire fighter or
police officer appeals a disciplinary suspension to the commission, the commission shall determine
if just cause exists for the suspension.
(b) If the commission finds that the period of disciplinary suspension should be reduced, the
commission may order a reduction in the period of suspension. The commission may reverse the
department head's decision and instruct the department head to immediately restore the fire fighter or
police officer to the person's prior position and to repay the person for any lost wages.
(c) If the department head refuses to obey a commission order, the provisions of Section 143.120
relating to the department head's refusal apply.
(d) The provisions of Subsections (b) and (e) of Section 143.120 of this chapter apply to this
section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 854,
Sec. 7, eff. June 14, 1989.
Sec. 143.119. INDEFINITE SUSPENSIONS. (a) The head of the fire or police department may
indefinitely suspend a fire fighter or police officer under the department head's supervision or
jurisdiction for the violation of a civil service rule.
Page -76 -
(b) If the department head suspends a fire fighter or police officer, the department head shall, within
120 hours after the hour of suspension, file a written statement with the commission giving the
reasons for the suspension. The department head shall immediately deliver a copy of the statement
in person to the suspended fire fighter or police officer.
(c) The copy of the written statement must inform the suspended fire fighter or police officer that if
the person wants to appeal to the commission, the person must file a written appeal with the
commission within 10 days after the date the person receives the copy of the statement.
(d) The written statement filed by the department head with the commission must point out the civil
service rule alleged to have been violated by the suspended fire fighter or police officer and must
describe the alleged acts of the person that the department head contends are in violation of the civil
service rules. It is not sufficient for the department head merely to refer to the provisions of the
rules alleged to have been violated.
(e) If the department head does not specifically point out in the written statement the act or acts of
the fire fighter or police officer that allegedly violated civil service rules, the commission shall
promptly reinstate the person.
(f) If the department head offers a suspension of 16 to 90 calendar days for violation of civil service
rules, the fire fighter or police officer may agree in writing to voluntarily accept the suspension, with
no right of appeal. The fire fighter or police officer must accept the offer within five working days
after the date the offer is made. If the person refuses the offer and wants to appeal to the
commission, the person must file a written appeal with the commission within 15 days after the date
the person receives the copy of the written statement of suspension.
(g) In the original written statement and charges and in any hearing conducted under this chapter,
the department head may not complain of an act that did not occur within the six-month period
preceding the date on which the department head suspends the fire fighter or police officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.120. APPEAL OF INDEFINITE SUSPENSION. (a) Except as provided by Section
143.1015(g), if a suspended fire fighter or police officer appeals an indefinite suspension to the
commission, the commission shall hold a hearing and render a decision in writing within 30 days
after the date it receives notice of appeal.
(b) In a hearing conducted under this section, the department head is restricted to the department
Page -77 -
head's original written statement and charges, which may not be amended.
(c) In its decision, the commission shall state whether the suspended fire fighter or police officer is:
(1) permanently dismissed from the fire or police department;
(2) temporarily suspended from the department; or
(3) restored to the person's former position or status in the department's classified service.
(d) If the suspended fire fighter or police officer is restored to the position or class of service from
which the person was suspended, the department head shall immediately reinstate the person as
ordered, and the person is entitled to full compensation at the rate of pay provided for the position or
class of service from which the person was suspended for the actual time lost as a result of the
suspension, as provided by Section 143.1215. If the department head fails to reinstate the fire fighter
or police officer, the person is entitled to the person's salary as if the person had been regularly
reinstated.
(e) The commission may suspend or dismiss a fire fighter or police officer only for violation of civil
service rules and only after a finding by the commission of the truth of specific charges against the
fire fighter or police officer.
(f) If the department head intentionally refuses, for at least 10 days, to obey an order to reinstate a
fire fighter or police officer, the municipality's chief executive or governing body shall discharge the
department head from employment with the municipality.
(g) If a department head intentionally refuses to obey a lawful commission order of reinstatement,
the commission may punish the department head for contempt. The commission has the same
authority to punish for contempt as has a justice of the peace.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 25(f), 29(b), eff. Aug. 28, 1989.
Sec. 143.121. APPEAL TO DISTRICT COURT. Each appeal of an indefinite suspension to a
district court shall be advanced on the district court docket and given a preference setting over all
other cases.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.1214. RECORDS RELATED TO DISCIPLINARY ACTIONS OR CHARGES OF
MISCONDUCT. (a) The human resources director for the department promptly shall order that the
records of a disciplinary action that was taken against a fire fighter or police officer be expunged
Page -78 -
from each file maintained on the fire fighter or police officer by the department if the disciplinary
action was entirely overturned on appeal by the commission, an independent third-party hearing
examiner, or a court of competent jurisdiction. Documents that must be expunged under this
subsection include all documents that indicate disciplinary action was recommended or taken against
the fire fighter or police officer, such as the recommendations of a disciplinary committee or a letter
of suspension. This subsection does not apply if the fire fighter or police officer is charged with
using excessive force that results in a death or injury and the charge is being investigated by a law
enforcement or criminal justice agency other than the department. This subsection does not require
that records of the internal affairs division be expunged.
(b) The department shall maintain an investigatory file that relates to a disciplinary action against a
fire fighter or police officer that was overturned on appeal, or any document in the possession of the
department that relates to a charge of misconduct against a fire fighter or police officer, regardless of
whether the charge is sustained, only in a file created by the department for the department's use.
The department may only release information in those investigatory files or documents relating to a
charge of misconduct:
(1) to another law enforcement agency or fire department;
(2) to the office of a district or United States attorney; or
(3) in accordance with Subsection (c).
(c) The department head or the department head's designee may forward a document that relates to
disciplinary action against a fire fighter or police officer to the director or the director's designee for
inclusion in the fire fighter's or police officer's personnel file maintained under Sections 143.089(a)-
(f) only if:
(1) disciplinary action was actually taken against the fire fighter or police officer;
(2) the document shows the disciplinary action taken; and
(3) the document includes at least a brief summary of the facts on which the disciplinary action was
based.
(d) The legal division of the municipality, or its designee, shall provide legal representation in any
action related to the release of a file or part of a file.
(e) The requirements of this section are in addition to the requirements of Section 143.089. This
section does not prevent a fire fighter or police officer from obtaining access to any personnel file
Page -79 -
maintained by the director or the department, other than a file maintained by the internal affairs
division, on the fire fighter or police officer under Section 143.089.
Added by Acts 1993, 73rd Leg., ch. 220, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 2001, 77th
Leg., ch. 748, Sec. 1, eff. Sept. 1, 2001.
Sec. 143.1215. REINSTATEMENT. (a) If the commission, a hearing examiner, or a district court
orders that a fire fighter or police officer suspended without pay be reinstated, the municipality shall,
before the end of the second full pay period after the date the person is reinstated, repay to the
person all wages lost as a result of the suspension.
(b) If the municipality does not fully repay all lost wages to the fire fighter or police officer as
provided by this section, the municipality shall pay the person an amount equal to the lost wages
plus accrued interest.
(c) Interest under Subsection (b) accrues beginning on the date of the fire fighter's or police officer's
reinstatement at a rate equal to three percent plus the rate for court judgments under Chapter 304,
Finance Code, that is in effect on the date of the person's reinstatement.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 29(c), eff. Aug. 28, 1989. Amended by Acts 1997, 75th
Leg., ch. 1396, Sec. 36, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 7.80, eff. Sept. 1,
1999.
Sec. 143.1216. CERTAIN NONDISCIPLINARY ACTIONS. (a) The department may use a
supervisory intervention procedure or a policy and procedure inquiry to modify a police officer's
behavior through:
(1) positive encouragement;
(2) counseling;
(3) job skills training;
(4) repeat task performances, classes, or exercises; or
(5) reeducation efforts, including a review of:
(A) general department orders;
(B) standard operating procedures; or
(C) lesson plans from a police officer training academy.
(b) A supervisory intervention procedure or a policy and procedure inquiry regarding a police
officer is not considered a disciplinary action for any purpose.
Page -80 -
(c) A police officer who is the subject of a supervisory intervention procedure or a policy and
procedure inquiry may not file an appeal or grievance regarding the action taken by the department.
(d) The department may not include a record of a supervisory intervention procedure or a policy and
procedure inquiry regarding a police officer in the police officer's personnel file maintained under
Section 143.089 or in the department file maintained under Section 143.089(g).
(e) The department may include a record of a supervisory intervention procedure or a policy and
procedure inquiry regarding a police officer in a file maintained by the division of the department in
which the police officer is employed. The record in the division file may be considered in a periodic
performance evaluation of the police officer's performance only if the supervisory intervention
procedure or policy and procedure inquiry occurred during the performance period that is the subject
of the performance evaluation.
(f) The department may maintain an electronic record of supervisory intervention procedures or
policy and procedure inquiries that may be used only by the department for tracking and statistical
purposes.
Added by Acts 2001, 77th Leg., ch. 748, Sec. 2, eff. Sept. 1, 2001.
Sec. 143.122. UNCOMPENSATED DUTY. (a) In this section, "uncompensated duty" means days
of work without pay in a fire or police department and does not include a regular or normal work
day.
(b) The head of the fire or police department may assign a fire fighter or police officer under the
department head's jurisdiction or supervision to uncompensated duty. The department head may not
impose uncompensated duty unless the fire fighter or police officer agrees to the duty.
(c) If the fire fighter or police officer agrees in writing to accept uncompensated duty, the
department head shall give the person a written statement that specifies the date or dates on which
the person will perform the duty. A fire fighter or police officer who agrees to accept the duty does
not have a right to an administrative or judicial review.
(d) The uncompensated duty may be in place of or in combination with a period of disciplinary
suspension without pay. If uncompensated duty is combined with a disciplinary suspension, the
total number of uncompensated duty days may not exceed 15.
(e) A fire fighter or police officer may not earn or accrue a benefit arising from length of service or
any wage or salary while the person is suspended or performing uncompensated duty.
Page -81 -
(f) A disciplinary suspension does not constitute a break in a continuous position or in service in the
department in determining eligibility for a promotional examination.
(g) Except as provided by this section, a fire fighter or police officer performing assigned
uncompensated duty retains all rights and privileges of the person's position in the department and of
the person's employment by the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.123. INVESTIGATION OF FIRE FIGHTERS AND POLICE OFFICERS. (a) In this
section:
(1) "Complainant" means a person claiming to be the victim of misconduct by a fire fighter or
police officer.
(2) "Investigation" means an administrative investigation, conducted by the municipality, of alleged
misconduct by a fire fighter or police officer that could result in punitive action against that person.
(3) "Investigator" means an agent or employee of the municipality who is assigned to conduct an
investigation.
(4) "Punitive action" means a disciplinary suspension, indefinite suspension, demotion in rank,
reprimand, or any combination of those actions.
(5) "Normally assigned working hours" includes those hours during which a fire fighter or police
officer is actually at work or at the person's assigned place of work, but does not include any time
when the person is off duty on authorized leave, including sick leave.
(b) An investigator may interrogate a fire fighter or police officer who is the subject of an
investigation only during the fire fighter's or police officer's normally assigned working hours
unless:
(1) the seriousness of the investigation, as determined by the fire fighter's or police officer's
department head or the department head's designee, requires interrogation at another time; and
(2) the fire fighter or police officer is compensated for the interrogation time on an overtime basis.
(c) The department head may not consider work time missed from regular duties by a fire fighter or
police officer due to participation in the conduct of an investigation in determining whether to
impose a punitive action or in determining the severity of a punitive action.
(d) An investigator may not interrogate a fire fighter or police officer who is the subject of an
investigation or conduct any part of the investigation at that person's home without that person's
Page -82 -
permission.
(e) A person may not be assigned to conduct an investigation if the person is the complainant, the
ultimate decision maker regarding disciplinary action, or a person who has any personal involvement
regarding the alleged misconduct. A fire fighter or police officer who is the subject of an
investigation has the right to inquire and, on inquiry, to be informed of the identities of each
investigator participating in an interrogation of the fire fighter or police officer.
(f) Before an investigator may interrogate a fire fighter or police officer who is the subject of an
investigation, the investigator must inform the fire fighter or police officer in writing of the nature of
the investigation and the name of each person who complained about the fire fighter or police officer
concerning the matters under investigation. An investigator may not conduct an interrogation of a
fire fighter or police officer based on a complaint by a complainant who is not a peace officer unless
the complainant verifies the complaint in writing before a public officer who is authorized by law to
take statements under oath. In an investigation authorized under this subsection, an investigator may
interrogate a fire fighter or police officer about events or conduct reported by a witness who is not a
complainant without disclosing the name of the witness. Not later than the 48th hour before the hour
on which an investigator begins to interrogate a fire fighter or police officer regarding an allegation
based on a complaint, affidavit, or statement, the investigator shall give the fire fighter or police
officer a copy of the affidavit, complaint, or statement. An interrogation may be based on a
complaint from an anonymous complainant if the departmental employee receiving the anonymous
complaint certifies in writing, under oath, that the complaint was anonymous. This subsection does
not apply to an on-the-scene investigation that occurs immediately after an incident being
investigated if the limitations of this subsection would unreasonably hinder the essential purpose of
the investigation or interrogation. If the limitation would hinder the investigation or interrogation,
the fire fighter or police officer under investigation must be furnished, as soon as practicable, a
written statement of the nature of the investigation, the name of each complaining party, and the
complaint, affidavit, or statement.
(g) An interrogation session of a fire fighter or police officer who is the subject of an investigation
may not be unreasonably long. In determining reasonableness, the gravity and complexity of the
investigation must be considered. The investigators shall allow reasonable interruptions to permit
the fire fighter or police officer to attend to personal physical necessities.
Page -83 -
(h) An investigator may not threaten a fire fighter or police officer who is the subject of an
investigation with punitive action during an interrogation. However, an investigator may inform a
fire fighter or police officer that failure to truthfully answer reasonable questions directly related to
the investigation or to fully cooperate in the conduct of the investigation may result in punitive
action.
(i) If prior notification of intent to record an interrogation is given to the other party, either the
investigator or the fire fighter or police officer who is the subject of an interrogation may record the
interrogation.
(j) If an investigation does not result in punitive action against a fire fighter or police officer but
does result in a reprimand recorded in writing or an adverse finding or determination regarding that
person, the reprimand, finding, or determination may not be placed in that person's personnel file
unless the fire fighter or police officer is first given an opportunity to read and sign the document. If
the fire fighter or police officer refuses to sign the reprimand, finding, or determination, it may be
placed in the personnel file with a notation that the person refused to sign it. A fire fighter or police
officer may respond in writing to a reprimand, finding, or determination that is placed in the person's
personnel file under this subsection by submitting a written response to the department head within
10 days after the date the fire fighter or police officer is asked to sign the document. The response
shall be placed in the personnel file. A fire fighter or police officer who receives a punitive action
and who elects not to appeal the action may file a written response as prescribed by this subsection
within 10 days after the date the person is given written notice of the punitive action from the
department head.
(k) If the department head or any investigator violates any of the provisions of this section while
conducting an investigation, the municipality shall reverse any punitive action taken pursuant to the
investigation including a reprimand, and any information obtained during the investigation shall be
specifically excluded from introduction into evidence in any proceeding against the fire fighter or
police officer.
(l) Deleted by Acts 1989, 71st Leg., ch. 1, Sec. 25(h), eff. Aug. 28, 1989.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 25(g), (h), 30(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 140, Sec. 2 to 4, eff. May 25,
1989; Acts 1989, 71st Leg., ch. 854, Sec. 8, eff. June 14, 1989.
Page -84 -
Sec. 143.124. POLYGRAPH EXAMINATIONS. (a) A fire fighter employed by the municipality
may not be required to submit to a polygraph examination as part of an internal investigation
regarding the conduct of the fire fighter unless:
(1) the complainant submits to and passes a polygraph examination and, if applicable, the fire
department has complied with Subsection (c); or
(2) the fire fighter is ordered to take an examination under Subsection (f).
(b) Subsection (a)(1) does not apply if the complainant is physically or mentally incapable of being
polygraphed.
(c) The fire department shall, on the written request of a fire fighter, provide to the fire fighter the
complainant's polygraph examination results within 48 hours after the request.
(d) For the purposes of this section, a fire fighter passes a polygraph examination if, in the opinion
of the polygraph examiner, no deception is indicated regarding matters critical to the subject matter
under investigation.
(e) The results of a polygraph examination that relate to the complaint under investigation are not
admissible in a proceeding before the commission or a hearing examiner.
(f) The fire department head may order a fire fighter to submit to a polygraph examination if the fire
department head considers the circumstances to be extraordinary and the fire department head
believes that the integrity of a fire fighter or the fire department is in question.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 31(a), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1303, Sec. 2, eff. June 20, 1997.
Sec. 143.125. POLICE DEPARTMENT PROBATIONARY PERIOD AFTER REAPPOINTMENT
IN POPULOUS MUNICIPALITY. (a) This section applies only to a municipality with a population
of 1.5 million or more.
(b) A person who ends service with the police department for any reason and is later reappointed to
the department must serve a probationary period of six months from the date of reappointment.
(c) The reappointed officer is not entitled to full civil service protection until the officer has served
the full probationary period.
(d) In determining classification, pay status, and eligibility for promotion, the probationary period is
counted as if the reappointed officer were not on probation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 669,
Page -85 -
Sec. 64, 65, eff. Sept. 1, 2001.
Sec. 143.1251. REAPPOINTMENT AFTER RESIGNATION. The commission may adopt rules to
allow a police officer who voluntarily resigns from the department to be reappointed to the
department without taking another departmental entrance examination.
Added by Acts 1995, 74th Leg., ch. 64, Sec. 3, eff. Sept. 1, 1995.
Sec. 143.126. LEGISLATIVE LEAVE. (a) A fire fighter or police officer is entitled to legislative
leave without pay to appear before or to petition a governmental body during a regular or special
session of that body as prescribed by this section.
(b) To be eligible for legislative leave, a fire fighter or police officer must submit a written
application to the municipality on or before the 30th day before the date the fire fighter or police
officer intends to begin the legislative leave. The application must indicate the length of the
requested leave and state that the fire fighter or police officer is willing to reimburse the
municipality for any wages, pension, or other costs the municipality will incur as a result of the
leave. The length of the requested leave may not exceed the length of the session.
(c) Within 30 days after the date the municipality receives the application, the municipality shall
notify the fire fighter or police officer in writing of the actual amount of money required to offset the
costs the municipality will incur. The municipality may require the fire fighter or police officer to
post the money before granting the leave.
(d) The municipality shall grant legislative leave to a fire fighter or police officer who submits an
application as prescribed by this section and who complies with any requirement relating to payment
of costs unless an emergency exists or unless granting the leave will result in an insufficient number
of employees to carry out the normal functions of the fire or police department.
(e) If the head of the fire or police department determines that granting a legislative leave will result
in an insufficient number of employees to carry out the normal functions of the department, another
fire fighter or police officer may volunteer to work in the applicant's place on an exchange of time
basis as long as no overtime results. If a fire fighter or police officer volunteers to work in the
applicant's place and no overtime will result, the department head shall allow the volunteer to work
for the applicant. If the volunteer work will solve the problem of having an insufficient number of
employees, the municipality shall grant the legislative leave.
(f) Legislative leave may not be construed as a break in service for any purpose, including the
Page -86 -
determination of seniority, promotions, sick leave, vacations, or retirement.
(g) Legislative leave granted under this section to a fire fighter or police officer to attend a session
of the Congress of the United States shall be granted for a period not to exceed 30 percent of the
applicant's total annual working days during each year in which leave is requested.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 32(a), eff. Aug. 28, 1989.
Sec. 143.1261. LEGISLATIVE LEAVE ACCOUNT. (a) A fire fighter or police officer may donate
not more than one hour for each month of accumulated vacation or compensatory time to an
employee organization. The municipality shall establish and maintain a legislative leave time
account for each employee organization.
(b) The fire fighter or police officer must authorize the donation in writing on a form provided by
the employee organization and approved by the municipality. After receiving the signed
authorization on an approved form, the municipality shall transfer donated time to the account
monthly until the municipality receives the fire fighter's or police officer's written revocation of the
authorization.
(c) Only a fire fighter or police officer who is a member of an employee organization may use for
legislative leave purposes the time donated to that employee organization. A fire fighter or police
officer may use for legislative leave purposes the time donated under this section in lieu of
reimbursing the municipality under Section 143.126.
(d) A request to use for legislative leave purposes the time in an employee organization's time
account must be in writing and submitted to the municipality by the president or the equivalent
officer of the employee organization or by that officer's designee.
(e) The municipality shall account for the time donated to the account and used from the account.
The municipality may:
(1) determine and credit the actual cash value of the donated time in the account and determine and
deduct the actual cash value of time used from the account for legislative leave purposes; or
(2) credit and debit an account on an hour-for-hour basis regardless of the cash value of the time
donated or used.
(f) An employee organization may not use for legislative leave purposes more than 4,000 hours
from its time account under this section in a calendar year. If more than one employee organization
Page -87 -
requests to use legislative leave, each employee organization may use a proportional share of the
4,000 hours based on the total amount of hours donated to the employee organization for its
exclusive use before January 2 of the calendar year in which the legislative leave is requested. This
section does not prevent an employee organization from accumulating more than 4,000 hours. This
subsection only limits the total number of donated hours that one or more employee organizations
may use in any calendar year.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 2, eff. Sept. 1, 1997.
Sec. 143.127. GRIEVANCE PROCEDURE. (a) A fire fighter or police officer may file a grievance
as provided by this subchapter. The fire fighter or police officer may file a grievance that relates to
the same aspects of the person's employment over which the civil service commission for the
employees of the municipality who are not subject to this chapter would have lawful jurisdiction,
including but not limited to a written or oral reprimand, transfers, job performance reviews, and job
assignments. The fire fighter or police officer may not file a grievance relating to:
(1) a disciplinary suspension, indefinite suspension, promotional pass over, or demotion or other
action or decision for which a hearing, review, or appeal is otherwise provided by this chapter; or
(2) an allegation of discrimination based, in whole or in part, on race, color, religion, sex, or
national origin.
(b) The director shall monitor and assist the operation of the grievance procedure. The director's
duties include:
(1) aiding the departments and departmental grievance counselors;
(2) notifying the parties of meetings;
(3) docketing cases before the grievance examiner; and
(4) ensuring that the grievance procedure operates timely and effectively.
(c) The department head shall appoint from among the members of the department a grievance
counselor whose duties include:
(1) providing appropriate grievance forms to a fire fighter or police officer;
(2) accepting, on behalf of the department head, a step I or II grievance;
(3) assisting the fire fighter or police officer in handling the grievance;
(4) forwarding a copy of a step I or II grievance form to the director and notifying the department
head;
Page -88 -
(5) arranging a meeting between the fire fighter or police officer and that person's immediate
supervisor as prescribed by Section 143.128(b);
(6) arranging the meeting of the fire fighter or police officer and that person's department head or
the department head's designated representative as prescribed by Section 143.129(b); and
(7) performing duties that the department head may assign.
(d) The grievance procedure consists of four steps. In any step of the grievance process in which
the aggrieved fire fighter's or police officer's immediate supervisor is included, the department head
or the departmental grievance counselor may add an appropriate supervisor who is not the fire
fighter's or police officer's immediate supervisor or may designate that supervisor to replace the
person's immediate supervisor, if the department head or grievance counselor determines that the
other supervisor has the authority to resolve the person's grievance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 33(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 854, Sec. 9, eff. June 14, 1989.
Sec. 143.128. STEP I GRIEVANCE PROCEDURE. (a) To begin a grievance action, a fire fighter
or police officer must file a completed written step I grievance form with the person's department
head or departmental grievance counselor within 30 days after the date the action or inaction for
which the person feels aggrieved occurred. A step I grievance form may be obtained from the
departmental grievance counselor. If the form is not timely filed, the grievance is waived.
(b) If the form is filed, the departmental grievance counselor shall arrange a meeting of the fire
fighter or police officer, that person's immediate supervisor or other appropriate supervisor or both,
and the person or persons against whom the grievance is lodged. The departmental grievance
counselor shall schedule the step I meeting within 30 calendar days after the date the grievance is
filed. If the grievance is lodged against the department head, the department head may send a
representative.
(c) The fire fighter's or police officer's immediate supervisor or other appropriate supervisor, or
both, shall fully, candidly, and openly discuss the grievance with the fire fighter or police officer in a
sincere attempt to resolve it.
(d) Regardless of the outcome of the meeting, the fire fighter's or police officer's immediate
supervisor or other appropriate supervisor, or both, shall provide a written response to the fire fighter
or police officer, with a copy to the grievance counselor, within 15 calendar days after the date the
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meeting occurs. The response must include the supervisor's evaluation and proposed solution. The
response shall either be personally delivered to the fire fighter or police officer or be mailed by
certified mail, return receipt requested, to the last home address provided by that person.
(e) If the proposed solution is not acceptable, the fire fighter or police officer may file a step II
grievance form with the department head or the departmental grievance counselor in accordance
with Section 143.129. If the aggrieved fire fighter or police officer fails to timely file a step II
grievance form, the solution is considered accepted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 33(c), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 353, Sec. 1, eff. Sept. 1, 1995.
Sec. 143.129. STEP II GRIEVANCE PROCEDURE. (a) To continue the grievance procedure, the
fire fighter or police officer must complete a step II grievance form and file it with the department
head or the departmental grievance counselor within 15 calendar days after the date the fire fighter
or police officer receives the supervisor's response under Section 143.128.
(b) The departmental grievance counselor shall arrange a meeting of the fire fighter or police
officer, that person's immediate supervisor or other appropriate supervisor or both, and the
department head or the department head's representative who must have a rank of at least assistant
chief or the equivalent. The meeting shall be held within 15 calendar days after the date the step II
grievance form is filed under Subsection (a).
(c) Regardless of the outcome of the meeting, the department head or the department head's
representative shall provide a written response to the fire fighter or police officer within 15 calendar
days after the date the meeting occurs. The response shall either be personally delivered to the fire
fighter or police officer or be mailed by certified mail, return receipt requested, to the last home
address provided by that person.
(d) If the proposed solution is not acceptable, the fire fighter or police officer may either submit a
written request stating the person's decision to appeal to an independent third party hearing examiner
pursuant to the provisions of Section 143.057 or file a step III grievance form with the director in
accordance with Section 143.130. If the fire fighter or police officer fails to timely file a step III
grievance form or a written request to appeal to a hearing examiner, the solution is considered
accepted. Notwithstanding Section 143.057(i), if the fire fighter or police officer prevails and the
hearing examiner upholds the grievance in its entirety, the department shall bear the cost of the
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appeal to the hearing examiner. If the fire fighter or police officer fails to prevail and the hearing
examiner denies the grievance in its entirety, the fire fighter or police officer shall bear the cost of
the appeal to the hearing examiner. If neither party entirely prevails and the hearing examiner
upholds part of the grievance and denies part of it, the hearing examiner's fees and expenses shall be
shared equally by the fire fighter or police officer and the department.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 33(d), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 855, Sec. 1, eff. June 14, 1989; Acts 1995,
74th Leg., ch. 353, Sec. 2, eff. Sept. 1, 1995.
Sec. 143.130. STEP III GRIEVANCE PROCEDURE. (a) To continue the grievance procedure, the
fire fighter or police officer must complete a step III grievance form and file it with the director
within 15 calendar days after the date the fire fighter or police officer receives the department head's
response under Section 143.129.
(b) The director shall arrange a hearing of the fire fighter or police officer and a grievance examiner
to be appointed by the commission under Section 143.132. The hearing shall be held within 15 of
the aggrieved fire fighter's or police officer's working days after the date the step III grievance form
is filed under Subsection (a).
(c) A hearing shall be conducted as an informal administrative procedure. Grievances arising out of
the same or similar fact situations may be heard at the same hearing. A court reporter shall record the
hearing. All witnesses shall be examined under oath. The fire fighter or police officer, that person's
immediate supervisor or other appropriate supervisor or both, the department head or the department
head's designated representative or both, and each person specifically named in the grievance are
parties to the hearing. The burden of proof is on the aggrieved fire fighter or police officer.
(d) The grievance examiner shall make written findings and a recommendation for solution of the
grievance within 15 calendar days after the date the hearing ends. The findings and recommendation
shall be given to the commission and copies mailed to the fire fighter or police officer by certified
mail, return receipt requested, at the last home address provided by that person, and to the
department head.
(e) If the proposed solution is not acceptable to either the fire fighter or police officer or the
department head, either party may file a step IV grievance form with the director in accordance with
Section 143.131. If the fire fighter or police officer or the department head fails to timely file a step
Page -91 -
IV grievance form, the solution is considered accepted by that person.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 33(e), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 353, Sec. 3, eff. Sept. 1, 1995.
Sec. 143.131. STEP IV GRIEVANCE PROCEDURE. (a) If the department head or the fire fighter
or police officer rejects the proposed solution under Section 143.130, the department head, the
department head's designated representative, or the fire fighter or police officer must complete a step
IV grievance form and file it with the director within 15 calendar days after the date the person
receives the grievance examiner's recommendation.
(b) The commission shall review the grievance examiner's findings and recommendation and
consider the transcript of the step III hearing at the commission's next regularly scheduled meeting
or as soon as practicable. The transcript shall be filed within 30 days of the step IV grievance being
filed. The commission may for good cause shown grant a reasonable delay not to exceed 30 days to
file the transcript. In no event may the commission render a decision later than 30 days after the
transcript is filed. If the commission does not render a decision within 30 days after the date the
transcript is filed, the commission shall sustain the fire fighter's or police officer's grievance.
(c) The commission shall base its decision solely on the transcript and demonstrative evidence
offered and accepted at the step III hearing. The commission shall furnish a written copy of the
order containing its decision to the fire fighter or police officer, the department head, and the
grievance examiner. The copy to the fire fighter or police officer shall be mailed by certified mail,
return receipt requested, to the last home address provided by that person. The commission decision
is final.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 33(f), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 854, Sec. 11, eff. June 14, 1989; Acts
1995, 74th Leg., ch. 353, Sec. 4, eff. Sept. 1, 1995.
Sec. 143.132. GRIEVANCE EXAMINER. (a) The commission shall appoint a grievance examiner
by a majority vote. The commission may appoint more than one grievance examiner if necessary.
The commission may appoint a different grievance examiner for each grievance. An examiner may
not be affiliated with any other municipal department and is responsible only to the commission.
The commission shall pay an examiner from a special budget established for this purpose, and the
director shall provide an examiner sufficient office space and clerical support.
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(b) The grievance examiner may:
(1) impose a reasonable limit on the time allowed each party and the number of witnesses to be
heard;
(2) administer oaths;
(3) examine a witness under oath;
(4) subpoena and require the attendance or production of witnesses, documents, books, or other
pertinent material; and
(5) accept affidavits instead of or in addition to live testimony.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.133. SPECIAL PROVISIONS FOR STEPS I AND II. (a) If the aggrieved fire fighter's or
police officer's immediate supervisor is the department head, the steps prescribed by Sections
143.128 and 143.129 are combined. The department head shall meet with the aggrieved fire fighter
or police officer and may not appoint a representative.
(b) A department head, with the approval of the commission, may change the procedure prescribed
by Sections 143.128 and 143.129 to reflect a change in a department's chain of command.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.134. MISCELLANEOUS GRIEVANCE PROVISIONS. (a) A fire fighter or police officer
may represent himself or obtain a representative at any time during the grievance procedure. The
municipality is not obligated to provide or pay the costs of providing representation. The
representative:
(1) is not required to be an attorney;
(2) is entitled to be present to advise the fire fighter or police officer;
(3) is entitled to present any evidence or information for the fire fighter or police officer; and
(4) may not be prevented from fully participating in any of the grievance proceedings.
(b) A fire fighter or police officer may take reasonable time off from a job assignment to file a
grievance and attend a meeting or hearing. Time taken to pursue a grievance may not be charged
against that person. The fire fighter or police officer shall be compensated on an overtime basis for
the time that person spends at a grievance meeting or hearing if:
(1) the meeting or hearing is scheduled at a time other than that person's normally assigned working
hours; and
Page -93 -
(2) that person prevails in the grievance.
(c) If notice that a grievance meeting or hearing is to be recorded is provided to all persons present
at the meeting or hearing, the fire fighter or police officer, the department head, or the department
head's designee may record the meeting or hearing.
(d) The director shall provide a suitable notice explaining the grievance procedure prescribed by
this subchapter and furnish copies to each department. Each department head shall cause the notices
to be posted in a prominent place or places within the department work areas to give reasonable
notice of the grievance procedure to each member of the department.
(e) At the request of the department head of a fire fighter or police officer who has filed a grievance
under this subchapter, the municipality's legal department or the director shall assist in resolving the
grievance.
(f) The director is the official final custodian of all records involving grievances. A depository for
closed files regarding grievances shall be maintained in the civil service department.
(g) A fire fighter or police officer who files a grievance pursuant to Sections 143.127 through and
including Section 143.134 is entitled to 48 hours notice of any meeting or hearing scheduled under
Section 143.128(b), 143.129(b), 143.130(b), or 143.131(b). In the event that the fire fighter or
police officer is not given 48 hours advance notice, the fire fighter's or police officer's grievance
shall be automatically sustained and no further action may be had on the grievance.
(h) If the decision of the commission under Section 143.131 or the decision of a hearing examiner
under Section 143.129 that has become final is favorable to a fire fighter, the department head shall
implement the relief granted to the fire fighter not later than the 10th day after the date on which the
decision was issued. If the department head intentionally fails to implement the relief within the 10-
day period, the municipality shall pay the fire fighter $1,000 for each day after the 10-day period that
the decision is not yet implemented.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1,
Sec. 25(i), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 854, Sec. 10, eff. June 14, 1989; Acts 1993,
73rd Leg., ch. 676, Sec. 3, eff. Sept. 1, 1993.
Sec. 143.135. MEDIATION. (a) In this section, "mediation" has the meaning assigned by Section
154.023, Civil Practice and Remedies Code.
(b) The head of the police department may develop and implement an alternative dispute resolution
Page -94 -
program to refer certain disputes regarding police officers to mediation.
(c) If a dispute is referred to mediation under this section, the time limitations and deadlines under
Sections 143.1015, 143.1016, 143.117, 143.118, 143.119, 143.120, and 143.127-143.134 are tolled
until the earliest of:
(1) the date the parties reach a settlement and execute a written agreement disposing of the dispute;
(2) the date the mediator refers the dispute to another appeals or grievance procedure under this
subchapter; or
(3) the 60th day after the date the dispute was referred to mediation.
(d) The conduct and demeanor of the mediator and the parties to the dispute during the course of the
mediation are confidential. A letter, memorandum, document, note, or other oral or written
communication that is relevant to the dispute and made between the mediator and the parties to the
dispute or between the parties to the dispute during the course of the mediation procedure:
(1) is confidential and may not be disclosed unless all of the parties to the mediation agree to the
disclosure in writing; and
(2) is admissible and discoverable in a separate proceeding only if the letter, memorandum,
document, note, or other communication is admissible and discoverable independent of the
mediation.
(e) A mediator may not be required to testify in a proceeding concerning information relating to or
arising out of the mediation.
(f) Subsection (d) does not apply to a final written agreement to which the police department or
municipality is a signatory that is reached as a result of a mediation procedure conducted under this
section. Information in the final written agreement is subject to required disclosure, is excepted
from required disclosure, or is confidential in accordance with Chapter 552, Government Code, and
other law.
(g) If this section conflicts with other legal requirements for disclosure of communications or
materials, the issue of confidentiality may be presented to a district court for a judicial district in
which the majority of the territory of the municipality is located to determine, in camera, whether the
facts, circumstances, and context of the communications or materials sought to be disclosed warrant
a protective order of the court or whether the communications or materials are subject to disclosure.
(h) Except to the extent of any conflict with this section, Chapter 154, Civil Practice and Remedies
Page -95 -
Code, and police department rules apply to a mediation conducted under this section.
(i) Except to the extent of any conflict with this section, Section 2009.054, Government Code,
applies to the communications, records, conduct, and demeanor of the mediator and the parties.
(j) Section 143.1014 does not apply to a meeting or hearing conducted under this section.
Added by Acts 2003, 78th Leg., ch. 517, Sec. 1, eff. Sept. 1, 2003.
SUBCHAPTER H. LOCAL CONTROL OF FIRE FIGHTER EMPLOYMENT MATTERS IN
MUNICIPALITIES WITH POPULATION OF 1.5 MILLION OR MORE
Sec. 143.201. POPULATION. This subchapter applies only to a municipality with a population of
1.5 million or more, but does not apply to a municipality that has adopted The Fire and Police
Employee Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes).
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec. 143.202. DEFINITIONS. In this subchapter:
(1) "Fire fighters association" means an organization in which fire fighters participate and which
exists for the purpose, in whole or in part, of dealing with one or more employers, whether public or
private, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or
conditions of work affecting public employees.
(2) "Public employer" means any municipality or agency, board, commission, or political
subdivision controlled by a municipality which is required to establish the wages, salaries, rates of
pay, hours, working conditions, and other terms and conditions of employment of public employees.
The term may include, under appropriate circumstances, a mayor, manager, administrator of a
municipality, municipal governing body, director of personnel, personnel board, or one or more
other officials, regardless of the name by which they are designated.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec. 143.203. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND
STRIKES. (a) A municipality may not be denied local control over the wages, salaries, rates of pay,
hours of work, and other terms and conditions of employment, or other state-mandated personnel
issues, if the public employer and the fire fighters association recognized as the sole and exclusive
bargaining agent for all officers covered by this subchapter come to a mutual agreement on any of
the terms listed above. If no agreement is reached, the existing state laws, local ordinances, and civil
service rules remain unaffected. All agreements shall be reduced to writing. Nothing in this
Page -96 -
subchapter shall require either party to meet and confer on any issue or reach an agreement.
(b) A public employer may only meet and confer if the fire fighters association recognized under
this subchapter as the sole and exclusive bargaining agent does not advocate the illegal right to strike
by public employees.
(c) Fire fighters of a municipality may not engage in strikes or organized work stoppages against
this state or a political subdivision of this state. A fire fighter who participates in a strike forfeits all
civil service rights, reemployment rights, and any other rights, benefits, or privileges the fire fighter
enjoys as a result of employment or prior employment, except that the right of an individual to cease
work may not be abridged if the individual is not acting in concert with others in an organized work
stoppage.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec. 143.204. RECOGNITION OF FIRE FIGHTER ASSOCIATION. (a) A fire fighters association
submitting a petition signed by a majority of the paid fire fighters in the municipality, excluding the
head of the department and assistant department heads in the rank or classification immediately
below that of the department head, may be recognized by the public employer as the sole and
exclusive bargaining agent for all of the covered fire fighters unless and until recognition of the
association is withdrawn by a majority of those fire fighters.
(b) In the event of a question about whether a fire fighters association represents a majority of the
covered fire fighters, the question shall be resolved by a fair election conducted according to
procedures agreeable to the parties. If the parties are unable to agree on such procedures, either
party may request the American Arbitration Association to conduct the election and to certify the
results. Certification of the results of an election resolves the question concerning representation.
The fire fighters association is liable for the expenses of the election, except that if two or more
associations seeking recognition as the bargaining agent submit petitions signed by a majority of the
covered fire fighters, the associations shall share equally the costs of the election.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Sec. 143.205. OPEN RECORDS REQUIRED. All documents relating to an agreement between a
fire fighters association and a public employer shall be available to the public pursuant to state
statutes.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
Page -97 -
Sec. 143.206. ENFORCEABILITY OF AGREEMENT. (a) A written agreement made under this
subchapter between a public employer and a fire fighters association recognized as the sole and
exclusive bargaining agent is enforceable and binding upon the public employer, the fire fighters
association recognized as the sole and exclusive bargaining agent, and fire fighters covered by the
agreement if:
(1) the municipality's governing body ratified the agreement by a majority vote; and
(2) the fire fighters association ratified the agreement by a majority of the votes received in a
referendum of its members by secret ballot.
(b) The state district court of the judicial district in which the municipality is located has full
authority and jurisdiction on the application of either party aggrieved by an action or omission of the
other party when the action or omission is related to a right, duty, or obligation provided by any
written agreement ratified by both the public employer and the fire fighters association. The court
may issue proper restraining orders, temporary and permanent injunctions, and any other writ, order,
or process, including contempt orders, that are appropriate to enforcing any written agreement
ratified by both the public employer and the fire fighters association.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993. Amended by Acts 1997, 75th
Leg., ch. 373, Sec. 1, eff. May 28, 1997.
Sec. 143.207. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) A written
agreement under this subchapter between a public employer and the fire fighters association
recognized as the sole and exclusive bargaining agent supersedes a previous statute concerning
wages, salaries, rates of pay, hours of work, and other terms and conditions of employment to the
extent of any conflict with the previous statute.
(b) A written agreement under this subchapter preempts all contrary local ordinances, executive
orders, legislation, or rules adopted by the state or a political subdivision or agent of the state, such
as a personnel board, a civil service commission, or a home-rule municipality.
(c) An agreement under this subchapter may not diminish or qualify any right, benefit, or privilege
of an employee under this chapter or other law unless approved by a majority of the votes received
in a secret ballot referendum of the members of the fire fighters association recognized as the sole
and exclusive bargaining agent.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993. Amended by Acts 1997, 75th
Page -98 -
Leg., ch. 373, Sec. 2, eff. May 28, 1997.
Sec. 143.208. REPEAL OF AGREEMENT BY ELECTORATE. Within 45 days after an agreement
is ratified and signed by both the municipality and the fire fighters association recognized as the sole
and exclusive bargaining agent, a petition signed by a number of registered voters equal to 10
percent of the votes cast at the most recent mayoral general election may be presented to the
municipal secretary calling an election for the repeal of the agreement. Thereupon, the governing
body shall reconsider the agreement and, if it does not repeal the agreement, shall call an election of
the qualified voters to determine if they desire to repeal the agreement. The election shall be called
for the next municipal election or a special election called by the governing body for that purpose. If
at the election a majority of the votes are cast in favor of the repeal of the adoption of the agreement,
then the agreement shall become null and void. The ballot shall be printed to provide for voting
FOR or AGAINST the proposition:
"Repeal of the adoption of the agreement ratified by the municipality and the fire fighters association
concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of
employment."
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993. Amended by Acts 1999, 76th
Leg., ch. 62, Sec. 13.15, eff. Sept. 1, 1999.
Sec. 143.209. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a) For the purpose of any
disciplinary appeal to either the civil service commission or a hearing examiner, all members of the
bargaining unit shall have the right to choose to be represented by any person of their choice or the
fire fighters association.
(b) No agreement shall interfere in the right of members of the fire fighters association to pursue
allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or
disability with the Commission on Human Rights or the Equal Employment Opportunity
Commission or to pursue affirmative action litigation.
Added by Acts 1993, 73rd Leg., ch. 676, Sec. 5, eff. Sept. 1, 1993.
SUBCHAPTER I. FIRE FIGHTER AND POLICE OFFICER EMPLOYMENT MATTERS IN
CERTAIN MUNICIPALITIES
Sec. 143.301. MUNICIPALITIES COVERED BY SUBCHAPTER. This subchapter applies only to
a municipality with a population of 460,000 or more that operates under a city manager form of
Page -99 -
government. This subchapter does not apply to a municipality:
(1) that has adopted Chapter 174 (The Fire and Police Employee Relations Act); or
(2) to which Subchapter H applies.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.3015. LIMITATION ON MUNICIPALITIES COVERED BY SUBCHAPTER: VOTER
APPROVAL. (a) The governing body of a municipality with a population less than 560,000 that has
not recognized an association as the sole and exclusive bargaining agent as provided by Section
143.304 before September 1, 2001, must receive voter approval under this section before operating
under the other provisions of this subchapter.
(b) The governing body shall call an election if:
(1) a majority of the members of the governing body vote to hold the election; or
(2) the voters submit a petition requesting the election as required by this section.
(c) A petition for election must:
(1) be 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 for mayor; and
(2) comply with Chapter 277, Election Code.
(d) Not later than the 40th working day after the date a petition is presented to the governing body,
the municipal secretary shall certify to the governing body the number and percentage of registered
voters signing the petition.
(e) Upon receiving a petition in compliance with this subchapter, the governing body shall order an
election submitting to the voters the question of whether this subchapter should be adopted for
firefighters, police officers, or both. 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.
(f) The ballot for an election called under this section shall be printed to permit voting for or against
the proposition: "Authorizing (name of the governing body of the municipality) to recognize an
employee association as a sole and exclusive bargaining agent for the municipal (insert firefighters,
police officers, or both, as applicable,) and authorizing the (name of the governing body of the
municipality) to make agreements with the employee association as provided by state law."
(g) An election authorized by this section shall be held and the returns shall be prepared and
Page -100 -
canvassed in conformity with the Election Code.
(h) The municipality may operate under the other provisions of this subchapter only if a majority of
the votes cast at the election favor the proposition.
(i) Notwithstanding Subsections (a) and (h), a municipality with a population of less than 560,000
that has not recognized an association as the sole and exclusive bargaining agent as provided by
Section 143.304 before September 1, 2005, may adopt rules for police officers converting vacation
and sick leave days to hours that supercede the provisions of Section 142.0013, Section 143.045, and
Section 143.046 provided that:
(A) A police officer is entitled to earn 120 hours of vacation leave each year with pay, as a
minimum, if the officer has been regularly employed in the department or departments for at least
one year.
(B) In computing the length of time a police officer may be absent from work on vacation leave,
only those hours that the person would have been required to work if not on vacation may be
counted as vacation leave.
(C) A police officer shall be granted the same number of vacation hours and holiday hours, or hours
in lieu of vacation hours or holiday hours, granted to other municipal employees who work the same
number of hours in a regular work day and have worked for the municipality for the same number of
years.
(D) A police officer shall be granted sick leave with pay accumulated at the rate of 4.61 hours for
each full month employed in a calendar year, so as to total 120 hours to the person's credit each 12
months.
(E) A 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 720 hours 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 720 hours of
accumulated sick leave during the last six months of employment. The lump-sum payment is
computed by compensating the 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
police officer is paid for the same period for which 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
Page -101 -
during the 720 hours.
Added by Acts 2001, 77th Leg., ch. 425, Sec. 1, eff. May 28, 2001. Amended by Acts 2005, 79th
Leg., ch. 1193, Sec. 3, eff. Sept. 1, 2005.
Sec. 143.302. DEFINITIONS. In this subchapter:
(1) "Association" means an organization in which fire fighters or police officers participate and that
exists for the purpose, in whole or in part, of dealing with one or more employers, whether public or
private, concerning grievances, labor disputes, wages, rates of pay, hours of employment, or
conditions of work affecting public employees.
(2) "Public employer" means any municipality or agency, board, commission, or political
subdivision controlled by a municipality that is required to establish the wages, salaries, rates of pay,
hours, working conditions, and other terms and conditions of employment of public employees. The
term may include, under appropriate circumstances, a mayor, manager, administrator of a
municipality, municipal governing body, director of personnel, or personnel board or one or more
other officials, regardless of the name by which they are designated.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.303. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND
STRIKES. (a) A municipality may not be denied local control over wages, salaries, rates of pay,
hours of work, other terms and conditions of employment, or other personnel issues on which the
public employer and an association that is recognized as the sole and exclusive bargaining agent for
all fire fighters or police officers in the municipality agree. A term or condition on which the public
employer and the association do not agree is governed by the applicable statutes, local ordinances,
and civil service rules. An agreement must be reduced to writing. This subchapter does not require
the public employer and the association to meet and confer or reach an agreement on any issue.
(b) A public employer and an association recognized under this subchapter as a sole and exclusive
bargaining agent may meet and confer only if the association does not advocate the illegal right to
strike by public employees.
(c) A fire fighter or police officer of a municipality may not engage in a strike or organized work
stoppage against this state or a political subdivision of this state. A fire fighter or police officer who
participates in a strike forfeits all civil service rights, reemployment rights, and other rights, benefits,
or privileges the fire fighter or police officer enjoys as a result of the person's employment or
Page -102 -
previous employment with the municipality. This subsection does not affect the right of a person to
cease employment if the person is not acting in concert with other fire fighters or police officers.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.304. RECOGNITION OF FIRE FIGHTERS OR POLICE OFFICERS ASSOCIATION.
(a) The public employer may recognize an association that submits a petition signed by a majority of
the paid fire fighters or police officers in the municipality, excluding the head of the department and
assistant department heads in the rank or classification immediately below that of the department
head, as the sole and exclusive bargaining agent for all of the covered fire fighters or police officers
unless recognition of the association is withdrawn by a majority of the covered fire fighters or police
officers.
(b) A question of whether an association is the majority representative of the covered fire fighters or
police officers shall be resolved by a fair election conducted according to procedures agreed on by
the parties. If the parties are unable to agree on election procedures, either party may request the
American Arbitration Association to conduct the election and to certify the results. Certification of
the results of an election under this subsection resolves the question concerning representation. The
association shall pay the costs of the election, except that if two or more associations seeking
recognition as the bargaining agent submit petitions signed by a majority of the covered fire fighters
or police officers, the associations shall share equally the costs of the election.
(c) The public employer's manager or chief executive and the police chief or fire chief, as
appropriate, shall designate a team to represent the public employer as its sole and exclusive
bargaining agent for issues related to the fire department and a separate team to represent the public
employer as its sole and exclusive bargaining agent for issues related to the police department.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.305. OPEN RECORDS REQUIRED. An agreement made under this subchapter is a public
record for purposes of Chapter 552, Government Code. The agreement and any document prepared
and used by the municipality in connection with the agreement are available to the public under the
open records law, Chapter 552, Government Code, only after the agreement is ratified by the
municipality's governing body. This section does not affect the application of Subchapter C,
Chapter 552, Government Code, to a document prepared and used by the municipality in connection
with the agreement.
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Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.306. ENFORCEABILITY OF AGREEMENT. (a) A written agreement made under this
subchapter between a public employer and an association is binding on the public employer, the
association, and fire fighters or police officers covered by the agreement if:
(1) the municipality's governing body ratifies the agreement by a majority vote; and
(2) the applicable association ratifies the agreement by a majority vote of its members by secret
ballot.
(b) An agreement ratified as described by Subsection (a) may establish a procedure by which the
parties agree to resolve disputes related to a right, duty, or obligation provided by the agreement,
including binding arbitration on interpretation of the agreement.
(c) The district court of the judicial district in which the municipality is located has full authority
and jurisdiction on the application of either party aggrieved by an act or omission of the other party
related to a right, duty, or obligation provided by a written agreement ratified as described by
Subsection (a). The court may issue proper restraining orders, temporary and permanent injunctions,
or any other writ, order, or process, including a contempt order, that is appropriate to enforce the
agreement.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.307. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) An agreement
under this subchapter supersedes a previous statute concerning wages, salaries, rates of pay, hours of
work, or other terms and conditions of employment to the extent of any conflict with the statute.
(b) An agreement under this subchapter preempts any contrary statute, executive order, local
ordinance, or rule adopted by the state or a political subdivision or agent of the state, including a
personnel board, a civil service commission, or a home-rule municipality.
(c) An agreement under this subchapter may not diminish or qualify any right, benefit, or privilege
of an employee under this chapter or other law unless approved by a majority vote by secret ballot of
the members of the association recognized as a sole and exclusive bargaining agent.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.308. REPEAL OF AGREEMENT BY ELECTORATE. Not later than the 45th day after
the date an agreement is ratified by both the municipality and the association, a petition signed by at
least 10 percent of the qualified voters of the municipality may be presented to the municipal
Page -104 -
secretary calling an election for the repeal of the agreement. On receipt of the petition by the
municipal secretary, the governing body shall reconsider the agreement and either repeal the
agreement or call an election of the qualified voters to determine if they desire to repeal the
agreement. The election shall be called for the next municipal election or a special election called
by the governing body for that purpose. If at the election a majority of the votes are cast in favor of
the repeal of the adoption of the agreement, the agreement is void. The ballot shall be printed to
permit voting for or against the proposition: "Repeal of the adoption of the agreement ratified by the
municipality and the __________ (fire fighters or police officers, as appropriate) association
concerning wages, salaries, rates of pay, hours of work, and other terms and conditions of
employment."
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.309. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a) For the purpose of any
disciplinary appeal to the civil service commission or to a hearing examiner, a member of the
bargaining unit may choose to be represented by any person of the member's choice or by the
association.
(b) An agreement may not interfere with the right of a member of a bargaining unit to pursue
allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or
disability with the Commission on Human Rights or the Equal Employment Opportunity
Commission or to pursue affirmative action litigation.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.310. BINDING INTEREST ARBITRATION. A municipality may be required to submit to
binding interest arbitration only if approved by a majority of those voting in a public referendum
conducted in accordance with the municipality's charter. This subsection does not affect any
disciplinary arbitration or arbitration provision in a ratified agreement.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.311. APPOINTMENTS TO CLASSIFICATION IMMEDIATELY BELOW
DEPARTMENT HEAD. Section 143.014(c) does not apply to a municipality to which this
subchapter applies.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.312. INVESTIGATION OF FIRE FIGHTERS AND POLICE OFFICERS. (a) This section
Page -105 -
does not apply to a municipality to which Section 143.123 applies.
(b) In this section:
(1) "Complainant" means a person claiming to be the victim of misconduct by a fire fighter or
police officer.
(2) "Investigation" means an administrative investigation, conducted by the municipality, of alleged
misconduct by a fire fighter or police officer that could result in punitive action against that person.
(3) "Investigator" means an agent or employee of the municipality who is assigned to conduct an
investigation.
(4) "Normally assigned working hours" includes those hours during which a fire fighter or police
officer is actually at work or at the person's assigned place of work, but does not include any time
when the person is off duty on authorized leave, including sick leave.
(5) "Punitive action" means a disciplinary suspension, indefinite suspension, demotion in rank,
written reprimand, or any combination of those actions.
(c) An investigator may interrogate a fire fighter or police officer who is the subject of an
investigation only during the fire fighter's or police officer's normally assigned working hours
unless:
(1) the seriousness of the investigation, as determined by the fire fighter's or police officer's
department head or the department head's designee, requires interrogation at another time; and
(2) the fire fighter or police officer is compensated for the interrogation time on an overtime basis.
(d) The department head may not consider work time missed from regular duties by a fire fighter or
police officer due to participation in the conduct of an investigation in determining whether to
impose a punitive action or in determining the severity of a punitive action.
(e) An investigator may not interrogate a fire fighter or police officer who is the subject of an
investigation or conduct any part of the investigation at that person's home without that person's
permission.
(f) A person may not be assigned to conduct an investigation if the person is the complainant, the
ultimate decision-maker regarding disciplinary action, or a person who has any personal
involvement regarding the alleged misconduct. A fire fighter or police officer who is the subject of
an investigation has the right to inquire and, on inquiry, to be informed of the identities of each
investigator participating in an interrogation of the fire fighter or police officer.
Page -106 -
(g) Not less than 48 hours before an investigator begins the initial interrogation of a fire fighter or
police officer who is the subject of an investigation, the investigator must inform the fire fighter or
police officer in writing of the allegations in the complaint. An investigator may not interrogate a
fire fighter or police officer based on a complaint by a complainant who is not a fire fighter or police
officer unless the complainant verifies the complaint in writing before a public officer who is
authorized by law to take statements under oath. In an investigation under this subsection, an
investigator may interrogate a fire fighter or police officer about events or conduct reported by a
witness who is not a complainant without disclosing the name of the witness. An interrogation may
be based on a complaint from an anonymous complainant if the departmental employee receiving the
anonymous complaint certifies in writing, under oath, that the complaint was anonymous. This
subsection does not apply to an on-the-scene investigation that occurs immediately after an incident
being investigated, except that the fire fighter or police officer under investigation must be
furnished, as soon as practicable, a written statement of the allegations in the complaint.
(h) An interrogation session of a fire fighter or police officer who is the subject of an investigation
may not be unreasonably long. In determining reasonableness, the gravity and complexity of the
investigation must be considered. The investigators shall allow reasonable interruptions to permit
the fire fighter or police officer to attend to personal physical necessities.
(i) An investigator may not threaten a fire fighter or police officer who is the subject of an
investigation with punitive action during an interrogation. An investigator may inform a fire fighter
or police officer that failure to answer truthfully reasonable questions directly related to the
investigation or to cooperate fully in the conduct of the investigation may result in punitive action.
(j) If prior notification of intent to record an interrogation is given to the other party, either the
investigator or the fire fighter or police officer who is the subject of an interrogation may record the
interrogation.
(k) If an investigation does not result in punitive action against a fire fighter or police officer but
does result in a written reprimand or an adverse finding or determination regarding that person, the
reprimand, finding, or determination may not be placed in that person's personnel file unless the fire
fighter or police officer is first given an opportunity to read and sign the document. If the fire fighter
or police officer refuses to sign the reprimand, finding, or determination, it may be placed in the
personnel file with a notation that the person refused to sign it. A fire fighter or police officer may
Page -107 -
respond in writing to a reprimand, finding, or determination that is placed in the person's personnel
file under this subsection by submitting a written response to the department head not later than the
10th day after the date the fire fighter or police officer is asked to sign the document. The response
shall be placed in the personnel file. A fire fighter or police officer who receives a punitive action
and who elects not to appeal the action may file a written response as prescribed by this subsection
not later than the 10th day after the date the person is given written notice of the punitive action
from the department head.
(l) A violation of this section may be considered by the commission or hearing examiner during a
disciplinary appeal hearing if the violation substantially impaired the fire fighter's or police officer's
ability to defend against the allegations of misconduct.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995.
Sec. 143.313. POLYGRAPH EXAMINATIONS. (a) This section does not apply to a municipality
to which Section 143.124 applies.
(b) A fire fighter employed by the municipality may not be required to submit to a polygraph
examination as part of an internal investigation regarding the conduct of the fire fighter unless:
(1) the complainant submits to and passes a polygraph examination; or
(2) the fire fighter is ordered to take an examination under Subsection (f).
(c) Subsection (b) does not apply if the complainant is physically or mentally incapable of being
polygraphed.
(d) For the purposes of this section, a fire fighter passes a polygraph examination if, in the opinion
of the polygraph examiner, no deception is indicated in the examination regarding matters critical to
the subject matter under investigation.
(e) The results of a polygraph examination that relate to the complaint under investigation are not
admissible in a proceeding before the commission or a hearing examiner.
(f) The head of the fire department may order a fire fighter to submit to a polygraph examination if
the fire department head:
(1) considers the circumstances to be extraordinary; or
(2) believes that the integrity of a fire fighter or the fire department is in question.
Added by Acts 1995, 74th Leg., ch. 1003, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 1997, 75th
Leg., ch. 1303, Sec. 3, eff. June 20, 1997.
Page -108 -
SUBCHAPTER J. LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS IN
MUNICIPALITIES WITH POPULATION OF 1.5 MILLION OR MORE
Sec. 143.351. APPLICABILITY. This subchapter applies only to a municipality with a population
of 1.5 million or more but does not apply to a municipality that has adopted Chapter 174.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997.
Sec. 143.352. DEFINITIONS. In this subchapter:
(1) "Bargaining agent" means the police employee group selected under Section 143.354 to
represent all police officers employed by the municipality, excluding the department head and
assistant department heads, during negotiations with the public employer.
(2) "Police employee group" means an organization:
(A) in which at least three percent of the police officers of the municipality participate and pay dues
via automatic payroll deduction; and
(B) which exists for the purpose, in whole or part, of dealing with the municipality concerning
grievances, labor disputes, wages, rates of pay, benefits other than pension benefits, hours of
employment, or conditions of work affecting police officers.
(3) "Public employer" means any municipality or agency, board, commission, or political
subdivision controlled by a municipality that is required to establish the wages, salaries, rates of pay,
hours, working conditions, and other terms and conditions of employment of police officers. The
term includes, under appropriate circumstances, a mayor, manager, administrator of a municipality,
municipal governing body, director of personnel, personnel board, or one or more other officials,
regardless of the name by which they are designated.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 1, eff. Sept. 1, 2001.
Sec. 143.353. GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND
STRIKES. (a) A municipality may not be denied local control over the wages, salaries, rates of pay,
hours of work, and other terms of employment, or other state-mandated personnel issues, if the
public employer and the bargaining agent come to a mutual agreement on any of the terms of
employment. If an agreement is not reached, the state laws, local ordinances, and civil service rules
remain unaffected. All agreements shall be written. Nothing in this subchapter requires either party
to meet and confer on any issue or reach an agreement.
Page -109 -
(b) A public employer may only meet and confer if the bargaining agent does not advocate the
illegal right to strike by public employees.
(c) Police officers of a municipality may not engage in strikes or organized work stoppages against
this state or a political subdivision of this state. A police officer who participates in a strike or work
stoppage forfeits all civil service rights, reemployment rights, and any other rights, benefits, or
privileges the police officer enjoys as a result of employment or prior employment.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 2, eff. Sept. 1, 2001.
Sec. 143.354. RECOGNITION OF POLICE EMPLOYEE GROUP. (a) The public employer in
accordance with this section may recognize a police employee group as the sole and exclusive
bargaining agent for all of the police officers in the municipality, excluding the department head and
assistant department heads, unless recognition of the police employee group is withdrawn by a
majority of those police officers, if the employee group submits a petition signed by 40 percent of:
(1) the number of police officers in the municipality who voted in the last election held under
Section 143.360 before the petition is submitted, excluding the head of the department and assistant
department heads in the rank or classification immediately below that of the department head; or
(2) the paid police officers in the municipality, excluding the head of the department and assistant
department heads in the rank or classification immediately below that of the department head, if an
election under Section 143.360 has not been held in the municipality.
(b) A petition submitted under Subsection (a) must clearly show on each page the name of the
police employee group circulating the petition. A police officer who signs a petition submitted
under Subsection (a) may not be counted towards the 40 percent requirement under that subsection
unless that officer's printed name and payroll number and the date of the signature are included on
the petition. The petition must be submitted to the municipal secretary not later than the 60th day
after the first date on which a police officer signs the petition.
(c) Within the 30 days after the date the petition is submitted, the municipal secretary shall verify
the signatures on the petition and, if the petition complies with this section, call for the election. The
election shall be conducted within 45 days after the date on which the municipal secretary calls for
the election.
(d) An election required by this section shall be conducted according to procedures agreed on by the
Page -110 -
parties. If the parties are unable to agree on election procedures, either party may request the
American Arbitration Association to conduct the election and to certify the results. Certification of
the results of an election under this subsection resolves the question concerning representation. The
police employee group shall pay the costs of the election, except that if two or more police employee
groups seeking recognition as the bargaining agent submit petitions signed by a majority of the
police officers eligible to sign the petition, the police employee groups shall share equally the costs
of the election. A police employee group must make payments required by this subsection not later
than the 10th day before the date of the election.
(e) The public employer's chief executive officer shall designate a team to represent the public
employer as its sole and exclusive bargaining agent for issues related to the police department.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 3, eff. Sept. 1, 2001.
Sec. 143.358. OPEN RECORDS REQUIRED. All documents relating to an agreement between a
bargaining agent and a public employer shall be available to the public in accordance with state
statutes.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 5, eff. Sept. 1, 2001.
Sec. 143.359. ENFORCEABILITY OF AGREEMENT. (a) A written agreement made under this
subchapter between a public employer and a bargaining agent is enforceable and binding on the
public employer, the bargaining agent, police employee groups, and the police officers covered by
the agreement if:
(1) the municipality's governing body ratified the agreement by a majority vote; and
(2) the agreement is ratified under Section 143.360.
(b) A state district court of the judicial district in which a majority of the population of the
municipality is located has full authority and jurisdiction on the application of either party aggrieved
by an action or omission of the other party when the action or omission is related to a right, duty, or
obligation provided by any written agreement ratified as required by this subchapter. The court may
issue proper restraining orders, temporary and permanent injunctions, and any other writ, order, or
process, including contempt orders, that are appropriate to enforcing any written agreement ratified
as required by this subchapter.
Page -111 -
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 6, eff. Sept. 1, 2001.
Sec. 143.360. ELECTION TO RATIFY AGREEMENT. (a) The bargaining agent shall call an
election to ratify any agreement reached with the public employer.
(b) All police officers of the municipality, other than the department head and assistant department
heads, are eligible to vote in the election.
(c) The bargaining agent shall establish procedures for the election.
(d) A majority of all votes cast is required to ratify an agreement.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 7, eff. Sept. 1, 2001.
Sec. 143.361. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. (a) A written
agreement ratified under this subchapter between a public employer and the bargaining agent
supersedes a previous statute concerning wages, salaries, rates of pay, hours of work, and other
terms of employment other than pension benefits to the extent of any conflict with the previous
statute.
(b) A written agreement ratified under this subchapter preempts all contrary local ordinances,
executive orders, legislation, or rules adopted by the state or a political subdivision or agent of the
state, such as a personnel board, a civil service commission, or a home-rule municipality.
(c) An agreement under this subchapter may not diminish or qualify any right, benefit, or privilege
of an employee under this chapter or other law unless approved by a majority of the votes cast at the
secret ballot election held by the bargaining agent to ratify the agreement.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 8, eff. Sept. 1, 2001.
Sec. 143.362. REPEAL OF AGREEMENT BY ELECTORATE. Within 45 days after the date an
agreement is ratified and signed by the municipality and the bargaining agent, a petition signed by a
number of registered voters equal to 10 percent of the votes cast at the most recent mayoral general
election in the municipality may be presented to the municipal secretary calling an election for the
repeal of the agreement, in which event the governing body shall reconsider the agreement, and, if it
does not repeal the agreement, it shall call an election of the qualified voters to determine if they
desire to repeal the agreement. The election shall be held as part of the next regularly scheduled
Page -112 -
municipal election or at a special election called by the governing body for that purpose. If at the
election a majority of the votes are cast in favor of the repeal of the adoption of the agreement, the
agreement becomes void. The ballot shall be printed to provide for voting for or against the
proposition:
"Repeal of the adoption of the agreement ratified by the municipality and the police officers of the
municipality concerning wages, salaries, rates of pay, certain benefits, hours of work, and other
terms of employment."
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 9, eff. Sept. 1, 2001.
Sec. 143.363. PROTECTED RIGHTS OF INDIVIDUAL EMPLOYEES. (a) For the purpose of any
disciplinary appeal to either the civil service commission or a hearing examiner, all police officers
have the right to choose to be represented by any person of their choice or by the police employee
group selected as the bargaining agent.
(b) An agreement may not interfere with the right of a member of a police employee group to
pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or
disability with the Commission on Human Rights or the Equal Employment Opportunity
Commission or to pursue affirmative action litigation.
Added by Acts 1997, 75th Leg., ch. 1195, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th
Leg., ch. 1464, Sec. 10, eff. Sept. 1, 2001.