CHAPTER 141. COMPENSATION AND EXPENSES OF MUNICIPAL OFFICERS AND EMPLOYEES - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES

CHAPTER 141. COMPENSATION AND EXPENSES OF MUNICIPAL OFFICERS AND

EMPLOYEES

SUBCHAPTER A. COMPENSATION, EXPENSES, AND PAYROLL DEDUCTIONS

Sec. 141.001. ELECTED AND APPOINTED OFFICERS IN TYPE A

GENERAL-LAW MUNICIPALITIES. (a) On or before January 1

preceding a regular municipal election, the governing body of a

Type A general-law municipality shall set:

(1) the salary and any fees of office of the mayor to be elected

at that election, if the office of mayor is to be filled at the

election;

(2) the compensation of each other elected officer to be elected

at that election; and

(3) the compensation of each officer appointed by the governing

body.

(b) An officer's compensation set under this section may not be

changed during the term for which the officer is elected or

appointed.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.002. APPOINTED OFFICERS IN TYPE B GENERAL-LAW

MUNICIPALITIES. The governing body of a Type B general-law

municipality may set the amount of compensation of officers

appointed by the governing body.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.003. GOVERNING BODY IN TYPE C GENERAL-LAW

MUNICIPALITIES. (a) In a Type C general-law municipality, the

mayor and each member of the governing body are entitled to

receive $5 a day for each regular meeting and $3 a day for each

special meeting of the governing body.

(b) The mayor or a member of the governing body may not be paid

for more than five special meetings in a single month.

(c) In a municipality with a population of 2,000 or more, in

lieu of per diem compensation under Subsection (a), the governing

body may set the salary of the mayor and each member of the

governing body. The amount of salary set for the mayor may not

exceed $1,200 a year and the amount of salary set for each member

of the governing body may not exceed $600 a year.

(d) In a municipality with a population of less than 2,000, in

lieu of per diem compensation under Subsection (a), the governing

body may set the mayor's salary at an amount not to exceed $600 a

year.

(e) The governing body may set the amount of salary or other

compensation to be paid to the municipal clerk, the municipal

attorney, the members of the police force, and other officers

appointed by the governing body.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.004. OFFICERS IN HOME-RULE MUNICIPALITIES. The

governing body of a home-rule municipality may set the amount of

compensation for each officer of the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.005. ELECTED OFFICERS IN POPULOUS MUNICIPALITIES. (a)

In a municipality with a population of 1.9 million or more, the

governing body may set the amount of salary and expenses to be

paid to elected officers by ordinance adopted in accordance with

this section.

(b) The salary of a state district court judge of the county in

which the municipality is located is the comparative salary for

the ordinance. In the ordinance:

(1) the salary of the municipal comptroller may not exceed the

comparative salary;

(2) the salary of a member of the governing body may not exceed

40 percent of the comparative salary; and

(3) the salary of the mayor may not exceed 150 percent of the

comparative salary.

(c) The governing body shall publish notice of the proposed

ordinance in a newspaper of general circulation in the

municipality for two consecutive weeks immediately preceding the

week in which the meeting is to be held at which the proposed

ordinance is to be considered. The notice must include:

(1) a general description of the proposed ordinance;

(2) a statement that a public hearing will be held before the

ordinance is adopted;

(3) a statement of the time and place of the public hearing; and

(4) a statement that any interested person may appear and

testify at the hearing.

(d) The governing body must hold a public hearing before

considering the adoption of the proposed ordinance. The ordinance

must be approved by a majority vote of the membership of the

governing body.

(e) A certified copy of an ordinance adopted under this section

must be filed with the municipal secretary within 10 days after

the date the ordinance is enacted. The ordinance takes effect on

the first day of the next term of office for the officer to whom

the ordinance applies, unless the ordinance prescribes a later

effective date.

(f) The governing body may submit an ordinance proposed under

this section to the voters for their approval in the same manner

that charter amendments are submitted under Chapter 9. When an

election is held under this subsection, another election on the

same proposition may not be called until two years have elapsed

after the date of the election.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2001, 77th Leg., ch. 669, Sec. 59, 60, eff. Sept.

1, 2001.

Sec. 141.006. POLICE OFFICERS IN TYPE A GENERAL-LAW

MUNICIPALITY. The governing body of a Type A general-law

municipality shall set the compensation, including any fees of

office, for the municipal police officers and watchmen.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.007. POLICE RESERVE FORCE. The governing body of a

municipality may provide for the uniform compensation of members

of the municipal police reserve force. If a member of the reserve

force is compensated, the compensation must be based only on the

time served by the member in training for, or in the performance

of, official duties. Members of the reserve force may serve

without compensation.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.008. PAYROLL DEDUCTIONS IN CERTAIN MUNICIPALITIES. (a)

The governing body of a municipality with a population of more

than 10,000 may deduct from a municipal employee's monthly salary

or wages an amount requested in writing by the employee in

payment of membership dues to a bona fide employees' association

named by the employee.

(a-1) The governing body shall make the payroll deduction

described by Subsection (a) if requested in writing by employees

who are fire protection personnel as defined by Section 419.021,

Government Code, if the municipality receives revenue from the

state, and if the municipality permits deductions for purposes

other than charity, health insurance, taxes, or other purposes

for which the municipality is required by law to permit a

deduction.

(a-2) The governing body shall make the payroll deduction

described by Subsection (a) if:

(1) requested in writing by employees who:

(A) are peace officers as defined by Article 2.12, Code of

Criminal Procedure; and

(B) are not members of a police department covered by a

collective bargaining agreement or meet-and-confer agreement

entered into under this code; and

(2) the municipality permits deductions for purposes other than

charity, health insurance, taxes, or other purposes for which the

municipality is required by law to permit a deduction.

(b) Participation in the payroll deduction program by a

municipal employee who is on active full-time duty is voluntary.

(c) An employee's written request must:

(1) be set out in a form prescribed and provided by the

municipal treasurer or comptroller;

(2) state the amount to be deducted each month; and

(3) direct the municipal treasurer or comptroller to transfer

the deducted funds to the designated employees' association.

(d) The amount deducted each month may not exceed the amount

stated in the written request. However, the governing body of a

municipality having a program under this section may impose and

collect an administrative fee from each participating employee in

addition to the membership dues that are withheld. The fee must

be a reasonable amount to reimburse the municipality for the

administrative costs of collecting, accounting for, and

disbursing the membership dues.

(e) A request under this section remains in effect until the

municipal treasurer or comptroller receives a written notice of

revocation in a form prescribed and provided by the treasurer or

comptroller and filed by the employee.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 76A, eff. June

20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

813, Sec. 1, eff. September 1, 2005.

Sec. 141.009. DEFINITIONS. (a) In this chapter, "member of the

fire department" means an employee of the fire department who is

defined as "fire protection personnel" by Section 419.021,

Government Code.

(b) In this chapter, "member of the police department" means an

employee of the police department who has been licensed as a

peace officer by the Commission on Law Enforcement Officer

Standards and Education.

Added by Acts 1989, 71st Leg., ch. 92, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.1031,

eff. Sept. 1, 2001.

Sec. 141.010. MUNICIPAL EMPLOYEES IN TYPE A AND B GENERAL-LAW

MUNICIPALITIES. To the extent consistent with Subchapter B of

this chapter and Chapters 142 and 143, the governing body of a

Type A or B general-law municipality may consider longevity and

cost of living in setting the salary of a municipal employee.

Added by Acts 2009, 81st Leg., R.S., Ch.

922, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. COMPENSATION OF MEMBERS OF FIRE AND POLICE

DEPARTMENTS IN CERTAIN MUNICIPALITIES

Sec. 141.031. BASE SALARY. (a) In a municipality with a

population of 10,000 to 40,000, each member of the fire or police

department is entitled to receive a salary of at least $165 a

month.

(b) In a municipality with a population of 40,001 to 100,000,

each member of the fire or police department is entitled to

receive a salary of at least $195 a month.

(c) In a municipality with a population of 100,001 to 175,000,

each member of the fire or police department is entitled to

receive a salary of at least $210 a month.

(d) In a municipality with a population of more than 175,000,

each member of the fire or police department is entitled to

receive a salary of at least $220 a month.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2001, 77th Leg., ch. 402, Sec. 10, eff. Sept. 1,

2001.

Sec. 141.032. LONGEVITY PAY. In a municipality with a

population of 10,000 or more, each member of the fire or police

department is entitled to receive, in addition to all other money

paid for services rendered in the department, longevity pay of $4

a month for each year of service in the department, not to exceed

25 years.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.033. CLASSIFICATION OF POSITIONS; SALARY SCHEDULE. (a)

Each municipality affected by this subchapter shall classify all

positions in its fire and police departments and shall specify

the duties and prescribe the salary for each classification.

(b) A member of the fire or police department who is required to

perform the duties of a particular classification is entitled to

be paid the salary prescribed for that position during the time

the member performs those duties.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.034. PETITION TO INCREASE SALARIES. (a) The qualified

voters of a municipality with a population of more than 10,000,

may petition the governing body of the municipality in accordance

with this section to increase the minimum salary of each member

of the fire or police department.

(b) A petition under this section must:

(1) state the amount of the proposed minimum salary for each

rank, pay grade, or classification;

(2) state the effective date of the proposed salary increase;

(3) designate five qualified voters to act as a committee of

petitioners authorized to negotiate with the governing body of

the municipality under Subsection (g); and

(4) be signed by a number of qualified voters equal to at least

25 percent of the voters who voted in the most recent municipal

election.

(c) When a petition is filed under this section, the governing

body shall:

(1) adopt the proposed minimum salary stated in the petition;

(2) offer an alternative minimum salary proposal under

Subsection (g); or

(3) call an election on the proposed minimum salary as provided

by this section.

(d) If the governing body chooses to call an election, the only

issue that may be submitted is whether the proposed minimum

salary should be adopted. The election shall be held on the first

authorized uniform election date under Chapter 41, Election Code,

that occurs after the 65th day after the date the petition was

filed.

(e) The ballot for the election shall be printed to provide for

voting for or against the proposition: "Adoption of the proposed

minimum salaries of _____________ applicable to _____________."

The proposed salary for each rank, pay grade, or classification,

the affected department, and effective date of the proposed

minimum salary as stated in the petition must be inserted in the

blank spaces.

(f) If a majority of the votes cast at the election favor the

adoption of the proposed minimum salary, the governing body of

the municipality shall cause the minimum salary to take effect

not later than the date specified in the petition as the

effective date.

(g) If the governing body chooses to offer an alternative

minimum salary proposal, the governing body shall confer with the

committee of petitioners designated in the petition and offer the

alternative salary proposal. If the committee accepts the

alternative salary proposal, the governing body is not required

to call an election.

(h) When an election has been held or an alternative salary

proposal has been accepted under this section, a petition for

another election under this section may not be filed until one

year has elapsed after the date the election was held or the

alternative salary proposal was accepted.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 141.035. PENALTY. (a) A person who is a municipal

official in a municipality with a population of 10,000 or more

and who is in charge of the fire or police department or is

responsible for setting the compensation provided by this

subchapter commits an offense if the person violates this

subchapter.

(b) An offense under this section is punishable by a fine of not

less than $10 or more than $100.

(c) Each day on which the municipal official causes or permits a

violation of this subchapter to occur is a separate offense.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.