CHAPTER 142. ASSISTANCE, BENEFITS, AND WORKING CONDITIONS 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 142. ASSISTANCE, BENEFITS, AND WORKING CONDITIONS OF

MUNICIPAL OFFICERS AND EMPLOYEES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 142.001. GENERAL PROVISIONS RELATING TO HOURS OF LABOR AND

VACATION OF MEMBERS OF FIRE AND POLICE DEPARTMENTS IN

MUNICIPALITIES. (a) In Sections 142.0013, 142.0015, and

142.0017, "work cycle" means the period in a posted work schedule

starting at the time the cycle begins and ending at the time the

cycle begins to repeat itself. The cycle may span any number of

days or weeks or a part of a day or week.

(b) A provision of Section 142.0013, 142.0015, or 142.0017 does

not apply if it is inconsistent with a collective bargaining

agreement that was in effect on August 31, 1987, and was made in

accordance with The Fire and Police Employee Relations Act

(Article 5154c-1, Vernon's Texas Civil Statutes).

(c) Sections 142.0013 and 142.0015 do not prohibit the chief or

head of a police department from assigning a police officer under

the chief's or head's jurisdiction or supervision to work periods

of uncompensated duty as prescribed by Section 143.055. A period

of uncompensated duty may not be considered or otherwise taken

into account in determining compliance with Section 142.0013 or

142.0015, and Section 142.0013 and Sections 142.0015(f), (g),

(h), and (j) do not apply to or include periods of uncompensated

duty to which a police officer is assigned.

(d) Sections 142.0013, 142.0015, and 142.0017 do not prevent a

fire fighter or police officer from working extra hours when

exchanging hours of work with another fire fighter or police

officer with the consent of the department head.

(e) A municipal official having charge of a fire department or

police department commits an offense if the official violates

Section 142.0013, 142.0015, or 142.0017. An offense under this

subsection is punishable by a fine of not less than $10 or more

than $100. Each day on which the municipal official causes or

permits the section to be violated constitutes a separate

offense.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 24(a), eff. Aug. 28,

1989.

Sec. 142.0013. HOURS OF LABOR AND VACATION OF MEMBERS OF FIRE

AND POLICE DEPARTMENTS IN CERTAIN MUNICIPALITIES. (a) A member

of a fire or police department in a municipality with a

population of more than 25,000 may not, except in an emergency,

be required to be on duty more than six days in a week.

(b) A member of a fire or police department in a municipality

with a population of more than 30,000 is entitled to 15 vacation

days each year with pay if the member has been regularly employed

in the department or departments for at least one year. The

municipal officials supervising the fire and police departments

shall designate the days of the week during which a member of a

fire department or police department is not required to be on

duty and the days during which the member is allowed to be on

vacation.

(c) A fire fighter shall be granted the same number of vacation

days and holidays, or days in lieu of vacation days or holidays,

granted to other municipal employees, at least one of which shall

be designated as September 11th.

(d) A police officer shall be granted the same number of

vacation days and holidays, or days in lieu of vacation days or

holidays, granted to other municipal employees.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 24(a), eff. Aug. 28,

1989.

Amended by:

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

1287, Sec. 1, eff. September 1, 2009.

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

1287, Sec. 2, eff. September 1, 2009.

Sec. 142.0015. HOURS OF LABOR AND VACATION OF MEMBERS OF FIRE

AND POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE

THAN 10,000. (a) This section applies only in a municipality

with a population of more than 10,000.

(b) A fire fighter or a member of a fire department who provides

emergency medical services, other than the fire chief or the

assistant chief or an equivalent classification, and who is

required or permitted to work more than the number of hours that

bears the same ratio to 212 hours as the number of days in the

work period bears to 28 days is considered to have worked

overtime. The person is entitled to be compensated for the

overtime as provided by Subsection (e).

(c) A member of a fire department who does not fight fires or

provide emergency medical services, including a mechanic, clerk,

investigator, inspector, fire marshal, fire alarm dispatcher, and

maintenance worker, other than the fire chief or the assistant

chief or an equivalent classification, and who is required or

permitted to average more hours in a week than the number of

hours in a normal work week of the majority of the employees of

the municipality other than fire fighters, emergency medical

service personnel, and police officers, is considered to have

worked overtime. The person is entitled to be compensated for

the overtime as provided by Subsection (e).

(d) In computing the hours worked in a work week or the average

number of hours worked in a work week during a work cycle of a

fire fighter or other member of a fire department covered by this

section, all hours are counted during which the fire fighter or

other member of a fire department is required to remain on call

on the employer's premises or so close to the employer's premises

that the person cannot use those hours effectively for that

person's own purposes. Hours in which the fire fighter or other

member of a fire department is required only to leave a telephone

number at which that person may be reached or to remain

accessible by radio or pager are not counted. In computing the

hours in a work week or the average number of hours in a work

week during a work cycle of a fire fighter or a member of a fire

department who provides emergency medical services, vacation,

sick time, holidays, time in lieu of holidays, or compensatory

time may be excluded as hours worked.

(e) A fire fighter or other member of a fire department may be

required or permitted to work overtime. A fire fighter or other

member of a fire department, other than the fire chief or the

assistant chief or an equivalent classification, who is required

or permitted to work overtime as provided by Subsections (b) and

(c) is entitled to be paid overtime for the excess hours worked

without regard to the number of hours worked in any one week of

the work cycle. Overtime hours are paid at a rate equal to 1-1/2

times the compensation paid to the fire fighter or member of the

fire department for regular hours.

(e-1) Notwithstanding Subsection (d), in a municipality with a

population of one million or more that has not adopted Chapter

143, for purposes of determining hours worked, including

determining hours worked for calculation of overtime under

Subsection (e), all hours are counted as hours worked during

which the fire fighter or member of the fire department:

(1) is required to remain available for immediate call to duty

by continuously remaining in contact with the fire department

office by telephone, pager, or radio; or

(2) is taking any authorized leave, including attendance

incentive leave, vacation leave, holiday leave, compensatory time

off, jury duty, military leave, or leave because of a death in

the family.

(f) Except as provided by Subsection (g) or (j), a police

officer may not be required to work:

(1) more than 40 hours during a calendar week in a municipality

that:

(A) has a population of more than one million;

(B) is not subject to Section 142.0017; and

(C) has not adopted Chapter 174; or

(2) in a municipality not described by Subdivision (1), more

hours during a calendar week than the number of hours in the

normal work week of the majority of the employees of the

municipality other than fire fighters and police officers.

(f-1) In determining whether a police officer is considered to

have been required to work overtime for purposes of Subsection

(f)(1), all hours are counted during which the police officer:

(1) is required to remain available for immediate call to duty

by continuously remaining in contact with a police department

office by telephone or by radio;

(2) is taking any authorized leave, including attendance

incentive leave, vacation leave, holiday leave, compensatory time

off, jury duty, military leave, or leave because of a death in

the family; and

(3) is considered to have worked under Subsection (h).

(g) In the event of an emergency, a police officer may be

required to work more hours than permitted by Subsection (f). An

emergency is an unexpected happening or event or an unforeseen

situation or crisis that calls for immediate action and requires

the chief or head of the police department to order a police

officer to work overtime.

(h) An officer required to work overtime in an emergency is

entitled to be compensated for the overtime at a rate equal to

1-1/2 times the compensation paid to the officer for regular

hours unless the officer elects, with the approval of the

governing body of the municipality, to accept compensatory time

equal to 1-1/2 times the number of overtime hours. For purposes

of this subsection, compensable hours of work include all hours

during which a police officer is:

(1) on duty on the premises of the municipality or at a

prescribed workplace or required or permitted to work for the

municipality, including preshift and postshift activities that

are:

(A) an integral part of the officer's principal activity; or

(B) closely related to the performance of the principal

activity; and

(2) away from the premises of the municipality under conditions

that are so circumscribed that the officer is restricted from

effectively using the time for personal pursuits.

(i) Bona fide meal periods are not counted as hours worked. For

a bona fide meal period, which does not include coffee breaks or

time for snacks, a police officer must be completely relieved

from duty. Ordinarily, 30 minutes or more is long enough for a

bona fide meal period. A period shorter than 30 minutes may be

long enough for a bona fide meal period under special conditions.

A police officer is not relieved from duty if the officer is

required to perform any duties, whether active or inactive,

during the meal period.

(j) If a majority of police officers working for a municipality

sign a written waiver of the prohibition in Subsection (f), the

municipality may adopt a work schedule for police officers

requiring a police officer to work more hours than permitted by

Subsection (f). The officer is entitled to overtime pay if the

officer works more hours during a calendar month than the number

of hours in the normal work month of the majority of the

employees of the municipality other than fire fighters and police

officers.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 24(a), eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 756, Sec. 1, eff.

Sept. 1, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

80, Sec. 1, eff. May 14, 2007.

Acts 2007, 80th Leg., R.S., Ch.

229, Sec. 1, eff. September 1, 2007.

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

1269, Sec. 1, eff. June 19, 2009.

Sec. 142.0016. USE OF COMPENSATORY TIME BY MEMBERS OF FIRE AND

POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE THAN

10,000. (a) This section applies only in a municipality with a

population of less than 1.5 million that is eligible to adopt

civil service under Chapter 143.

(b) A fire fighter or police officer may, with the approval of

the governing body of the municipality, accept instead of

overtime pay compensatory time at a rate equal to 1-1/2 times the

number of overtime hours.

(c) A fire fighter or police officer may use compensatory time

only when both the fire fighter or police officer and the

municipality agree the time may be used.

(d) A municipality may at any time pay a fire fighter or police

officer for all or part of the person's accumulated compensatory

time if both the fire fighter or police officer and the

municipality agree the time may be paid.

(e) If full payment for a fire fighter's or police officer's

accumulated compensatory time would exceed 10 percent of the

person's annual salary, the municipality may at its option defer

payment of the amount in excess of 10 percent until the first pay

period of the next fiscal year.

(f) A municipality shall pay for accumulated compensatory time

at a rate equal to the fire fighter's or police officer's salary

at the time the payment is made or at the time the payment was

requested, whichever is greater.

(g) If a fire fighter or police officer dies or terminates

employment for any reason, the municipality shall pay to the fire

fighter or police officer or to his estate the total value of all

the fire fighter's or police officer's accumulated compensatory

time.

Added by Acts 1989, 71st Leg., ch. 37, Sec. 1, eff. Sept. 1,

1989.

Sec. 142.0017. HOURS OF LABOR AND VACATION OF MEMBERS OF FIRE

AND POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE

THAN 1.5 MILLION. (a) This section applies only in a

municipality with a population of more than 1.5 million.

(b) A fire fighter or fire fighter emergency medical personnel

may not be required or permitted to work more than an average of

46.7 hours a week during a 72-day work cycle designated by the

department head. If the fire fighter or fire fighter emergency

medical services employee is required to work more than an

average of 46.7 hours a week during a 72-day work cycle

designated by the department head, the person is entitled to be

compensated for the overtime as provided by Subsection (f).

(c) A member of a fire department who does not fight fires or

provide emergency medical services, including a mechanic, clerk,

investigator, inspector, fire marshal, fire alarm dispatcher, and

maintenance worker, may not, except as provided by Subsection (d)

or (f):

(1) average more hours in a week than the number of hours in a

normal work week of the majority of the employees of the

municipality other than fire fighters, fire fighter emergency

medical personnel, and police officers; or

(2) be on duty for more days in a work week or average more days

on duty a week in a work cycle than the number of days on duty

during the work week of the majority of the employees of the

municipality other than fire fighters, fire fighter emergency

medical personnel, and police officers.

(d) If a majority of the members of the fire department working

as fire alarm dispatchers sign a written agreement with the

municipality that allows the municipality to require or permit

fire alarm dispatchers to average a specified number of hours of

work a week that is more than the number of hours allowed under

Subsection (c) but not more than an average of 46.7 hours a week

during a 72-day work cycle designated by the department head, the

municipality may adopt a work schedule for the members of the

fire department working as fire alarm dispatchers in accordance

with the agreement. If under Subsection (f) a member of a fire

department working as a fire alarm dispatcher is required to work

more than the number of hours allowed under the agreement, the

person is entitled to be compensated for the overtime as provided

by Subsection (f). Each agreement adopted under this subsection

expires as provided by the agreement, but not later than the

first anniversary of the date that the agreement takes effect.

Subsection (c) applies when an agreement adopted under this

subsection is not in effect.

(e) In computing the hours in a work week or the average number

of hours in a work week during a work cycle of a fire fighter or

other member of a fire department as provided by Subsections

(b)-(d), all hours are counted:

(1) during which the fire fighter or other member of the fire

department is required to remain available for immediate call to

duty by continuously remaining in contact with a fire department

office by telephone or by radio; and

(2) that are sick time, vacation time, meal time, holidays,

compensatory time, death in the family leave, or any other

authorized leave.

(f) A fire fighter or other member of a fire department may be

required in an emergency to work more hours in a work week or

work cycle than permitted under Subsection (b), (c), or (d). The

fire fighter or other member of a fire department is entitled to

be paid overtime for the excess hours worked without regard to

the number of hours worked in any one week of the work cycle.

Overtime hours are paid at a rate equal to 1-1/2 times the

compensation paid to the fire fighter or other member of the fire

department for regular hours.

(g) A police officer may not, except as provided by Subsections

(h) and (j), be required or permitted to work more hours during a

calendar week than the number of hours in the normal work week of

the majority of the employees of the municipality other than fire

fighters and police officers.

(h) In the event of an emergency, a police officer may be

required to work more hours than permitted by Subsection (g). An

emergency is an unexpected happening or event or an unforeseen

situation or crisis that calls for immediate action and requires

the chief or head of the police department to order a police

officer to work overtime.

(i) A police officer required to work overtime in an emergency

is entitled to be compensated for the overtime at a rate equal to

1-1/2 times the compensation paid to the officer for regular

hours unless the officer elects, with the approval of the

governing body of the municipality, to accept compensatory time

equal to 1-1/2 times the number of overtime hours. In computing

the hours in a work week or the average number of hours in a work

week during a work cycle of a police officer, all hours are

counted:

(1) during which the police officer is required to remain on

call on the employer's premises or so close to those premises

that the officer cannot use the time effectively for the

officer's own purposes; and

(2) that are sick time, vacation time, meal time, holidays,

compensatory time, death in the family leave, or any other

authorized leave.

(j) If a majority of police officers working for a municipality

sign a written waiver of the prohibition in Subsection (g), the

municipality may adopt a work schedule for police officers

requiring a police officer to work more hours than permitted by

Subsection (g). The officer is entitled to overtime pay if the

officer works more hours during a calendar month than the number

of hours in the normal work month of the majority of the

employees of the municipality other than fire fighters and police

officers.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 24(a), eff. Aug. 28,

1989. Amended by Acts 1989, 71st Leg., ch. 854, Sec. 1, eff. June

14, 1989; Acts 1991, 72nd Leg., ch. 782, Sec. 1, eff. June 16,

1991; Acts 1997, 75th Leg., ch. 386, Sec. 1, eff. May 28, 1997.

Sec. 142.002. TWO PLATOON FIRE SYSTEM AND HOURS OF LABOR IN

CERTAIN MUNICIPALITIES. (a) A municipality that maintains an

organized, paid fire department shall establish and maintain a

two platoon fire system if the municipality:

(1) has a population of 100,001 to 119,999 and is in a county

containing more than 900 square miles; or

(2) has a population of 265,000 or more and is in a county

containing more than 1,500 square miles.

(b) An employee of a fire department in a municipality covered

by Subsection (a) may not be required to be on duty more than 10

consecutive hours during the daytime or more than 14 consecutive

hours during the nighttime. The employee may not be required to

be on duty more than 14 hours in a period of 24 consecutive

hours, except as provided by Subsection (c).

(c) The head or chief officer of a fire department or company in

a municipality covered by Subsection (a) shall arrange the

working hours of the employees of the department or company so

that the employees work, as nearly as practicable, an equal

number of hours each month. The working hours of the two platoons

may be arranged so that each works 24 hours on duty and has 24

hours off duty. The head or chief officer of the department, or

an aide or assistant to the head or chief officer, may require an

employee to continue on duty during an emergency for a longer

period than specified by Subsection (b).

(d) A person commits an offense if the person violates this

section or causes this section to be violated. An offense under

this subsection is a misdemeanor and is punishable by a fine of

not less than $10 or more than $100. Each employee required or

permitted to work in violation of this section and each day the

section is violated constitute a separate offense.

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

Sec. 142.003. HOSPITAL AND MEDICAL ASSISTANCE FOR POLICE RESERVE

FORCE. (a) The governing body of a municipality may provide

hospital and medical assistance to a member of the police reserve

force who sustains injury in the course of performing official

duties in the same manner as provided by the governing body for a

full-time police officer.

(b) A police reserve officer is eligible for death benefits as

provided by Chapter 615, Government Code.

(c) This section does not authorize a member of a police reserve

force to become eligible for participation in a pension fund

created under state statute of which a regular officer may become

a member by payroll deductions or otherwise.

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

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(33), eff.

Sept. 1, 1995.

Sec. 142.004. PAYMENT OF HOSPITALIZATION COSTS FOR PEACE

OFFICERS AND FIRE FIGHTERS. (a) In this section, "peace

officer" means a peace officer as defined by Article 2.12, Code

of Criminal Procedure.

(b) If a peace officer or fire fighter employed by a

municipality sustains an injury in the performance of the

person's duties that results in permanent incapacity for work and

requires constant confinement in a hospital or other institution

providing medical treatment, the municipality may pay all costs

of the confinement in excess of amounts that are paid under a

policy of insurance or by another governmental entity.

(c) To the extent this section permits payments, the

municipality is subrogated to the rights of the peace officer or

fire fighter in a suit against a third party because of the

injury.

(d) To receive funds under this section, a peace officer or fire

fighter must furnish the governing body of the municipality:

(1) proof that the injury was sustained in the performance of

the person's duties resulting in permanent incapacity for work

and requiring constant confinement for medical treatment;

(2) proof of the part of the cost of confinement not paid under

a policy of insurance or by another governmental entity; and

(3) any other information or evidence required by the governing

body.

(e) This section does not permit payment of costs of constant

confinement for medical treatment incurred before August 27,

1973.

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

Sec. 142.005. LIABILITY INSURANCE FOR FIRE AND POLICE DEPARTMENT

OFFICERS AND EMPLOYEES DRIVING EMERGENCY VEHICLES. (a) A

municipality may insure the officers and employees of its fire

and police departments and other municipal employees who drive

emergency vehicles against liability to third persons arising

from the use and operation of a motor vehicle used as a municipal

emergency medical, fire, or police vehicle in the line of duty by

procuring a policy for that purpose from an insurance company

authorized to do business in this state.

(b) Insurance taken out by a municipality must be on forms

approved by the State Board of Insurance.

(c) A municipality may not purchase liability insurance in

excess of $20,000 because of bodily injury to or death of one

person in any one accident, $100,000 because of bodily injury to

or death of two or more persons in any one accident, and $15,000

because of injury to or destruction of property of others in any

one accident.

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

Amended by Acts 2001, 77th Leg., ch. 402, Sec. 11, eff. Sept. 1,

2001.

Sec. 142.006. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE

OFFICERS AND FIRE FIGHTERS. (a) This section does not apply to

a municipality covered by Section 142.007.

(b) A municipality shall provide for insuring each peace officer

and fire fighter in its employ against liability to third persons

arising out of the operation, maintenance, or use of a motor

vehicle owned or leased by the municipality.

(c) The liability coverage provided under this section must be

in amounts not less than those required by Chapter 601,

Transportation Code, to provide proof of financial

responsibility.

(d) The municipality may elect to be self-insured or to

reimburse the actual cost of extended automobile liability

insurance endorsements obtained by a peace officer and fire

fighter on an individually owned automobile liability insurance

policy. The extended endorsements must:

(1) be in the amount required by Subsection (c); and

(2) extend the coverage to include the operation and use of

vehicles by a peace officer or fire fighter in the scope of the

officer's or fire fighter's employment.

(e) If the reimbursement method is used, the municipality may

require that a peace officer or fire fighter who operates and

uses a motor vehicle present proof that an extended coverage

endorsement has been purchased and is in effect for the period of

reimbursement.

(f) In this section, "motor vehicle" means any motor vehicle for

which motor vehicle automobile insurance may be written under

Subchapter A, Chapter 5, Insurance Code.

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

Amended by Acts 1993, 73rd Leg., ch. 268, Sec. 38, eff. Sept. 1,

1993; Acts 1997, 75th Leg., ch. 165, Sec. 30.216, eff. Sept. 1,

1997.

Sec. 142.007. MOTOR VEHICLE LIABILITY INSURANCE FOR FIRE AND

POLICE DEPARTMENT OFFICERS AND EMPLOYEES IN MUNICIPALITY OF

1,550,000 OR MORE. (a) A municipality with a population of

1,550,000 or more shall insure the officers and employees of its

fire and police departments against liability to third persons

arising out of the operation, maintenance, or use of a motor

vehicle owned or leased by the municipality.

(b) The municipality may elect to be self-insured or may

purchase insurance from an insurance company authorized to do

business in this state.

(c) Insurance purchased by the municipality must be on forms

approved by the State Board of Insurance.

(d) The municipality may not purchase liability insurance in

excess of $100,000 because of bodily injury to or death of one

person in any one accident, $300,000 because of bodily injury to

or death of two or more persons in any one accident, and $10,000

because of injury to or destruction of property of others in any

one accident.

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

Sec. 142.008. SALARY CONTINUATION PAYMENTS; SUBROGATION. (a)

If a municipality pays benefits to a municipal employee under a

salary continuation program when the employee is injured, the

municipality is subrogated to the employee's right of recovery

for personal injuries caused by the tortious conduct of a third

party other than another employee of the same municipality.

(b) The subrogation extends only to payments made by the

municipality.

(c) A municipality may not deny benefits under a salary

continuation program because a municipal employee has a cause of

action against a third party for personal injuries.

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

Sec. 142.009. PAYMENT FOR APPEARANCES OF FIRE FIGHTERS AND

POLICE OFFICERS IN COURT OR ADMINISTRATIVE PROCEEDINGS. (a) A

municipality shall pay a fire fighter or police officer for an

appearance as a witness in a criminal suit, a civil suit, or an

administrative proceeding in which the municipality or other

political subdivision or government agency is a party in interest

if the appearance:

(1) is required;

(2) is made on time off; and

(3) is made by the fire fighter or police officer in the

capacity of a fire fighter or police officer.

(b) Payment under this section is at the fire fighter's or

police officer's regular rate of pay.

(c) Payment under this section may be taxed as court costs in

civil suits.

(d) This section does not reduce or prohibit compensation paid

in excess of the regular rate of pay.

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

Amended by:

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

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

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

412, Sec. 2, eff. June 19, 2009.

Sec. 142.010. 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 Standards and

Education.

Added by Acts 1989, 71st Leg., ch. 92, Sec. 2, eff. Aug. 28,

1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.1032,

eff. Sept. 1, 2001.

Sec. 142.011. EDUCATIONAL LEAVE. (a) On written application by

a member of the police department, a municipality may grant the

person a leave of absence to enable the person to enroll

full-time in college to pursue a course of study related to law

enforcement or public safety.

(b) The person is entitled to continue receiving employee

benefits, including health and life insurance and accumulation of

retirement credit, while on leave under Subsection (a) if the

person pays both the person's and the municipality's share of the

cost of the benefits.

(c) On reinstatement, the person shall receive full seniority

credit for the time spent on leave under Subsection (a).

Added by Acts 1993, 73rd Leg., ch. 853, Sec. 1, eff. Sept. 1,

1993.

Sec. 142.012. OVERTIME COMPENSATION FOR CERTAIN POLICE

DEPARTMENT OFFICERS AND CIVILIAN EMPLOYEES. (a) This section

applies only to a municipality with a population of one million

or more that has not adopted Chapter 143.

(b) Subject to the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), a municipality may but is not

required to establish a system under which compensation is paid

or compensatory time off is allowed for overtime worked by the

following officers and employees of the municipality's police

department:

(1) a police officer who has a rank above the rank of captain

and whose appointment to the officer's current rank was not based

at least in part on the officer's performance on a competitive

examination; or

(2) a civilian who receives a salary greater than the lowest

base salary that the municipality pays a captain and whose

appointment to the civilian's current position was not based at

least in part on the civilian's performance on a competitive

examination.

Added by Acts 2001, 77th Leg., ch. 928, Sec. 1, eff. Sept. 1,

2001.

Sec. 142.013. BUSINESS LEAVE TIME ACCOUNT FOR POLICE OFFICERS IN

CERTAIN MUNICIPALITIES. (a) This section applies only to police

officers employed by a municipality with a population of one

million or more that has not adopted Chapter 174 and to which

Section 143.1261 does not apply.

(b) In this section:

(1) "Business leave" means leave taken for the purpose of

attending to the business of an employee organization.

(2) "Employee organization" includes:

(A) the Texas Peace Officers Association;

(B) the Dallas Police Association;

(C) the Dallas Fraternal Order of Police; and

(D) the Latino Peace Officers Association.

(c) A police officer may donate not more than two hours for each

month of accumulated vacation or compensatory time to the

business leave time account of an employee organization. The

municipality shall establish and maintain a business leave time

account for each employee organization.

(d) The 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 police

officer's written revocation of the authorization.

(e) Only a police officer who is a member of an employee

organization may use for business leave purposes the time donated

to the account of that employee organization. A police officer

may use for business leave purposes the time donated under this

section without receiving a reduction in salary and without

reimbursing the municipality.

(f) A request to use for business 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.

(g) The municipality shall grant a request for business leave

that complies with Subsection (f) unless:

(1) denial of the request is necessary because of an emergency;

or

(2) a grant of the request will result in having an insufficient

number of police officers to carry out the normal functions of

the municipality.

(h) The municipality shall account for the time donated to the

account and used from the account. The municipality shall credit

and debit the account on an hour-for-hour basis regardless of the

cash value of the time donated or used.

(i) An employee organization may not use for business leave

purposes more than 4,000 hours from its business leave time

account under this section in a calendar year. This subsection

does not prevent an employee organization from accumulating more

than 4,000 hours, but only addresses the total number of donated

hours that an employee organization may use in any calendar year.

(j) The use of business leave by a police officer under this

section is not a break in service for any purpose and is treated

as any other paid leave.

Added by Acts 2003, 78th Leg., ch. 447, Sec. 1, eff. June 20,

2003.

SUBCHAPTER B. LOCAL CONTROL OF POLICE OFFICER EMPLOYMENT MATTERS

IN CERTAIN MUNICIPALITIES

Sec. 142.051. APPLICABILITY. (a) Except as provided by

Subsection (b), this subchapter applies only to:

(1) a municipality, and a police officer in a municipality, with

a population of 50,000 or more;

(2) a municipality, and a police officer in a municipality, that

has adopted Chapter 143; or

(3) a police officer not covered by a collective bargaining

agreement adopted under Chapter 174 in a municipality that has

adopted Chapter 174 for police officers in the police department,

and the municipality that appoints or employs such a police

officer.

(b) This subchapter does not apply to:

(1) a police officer who is covered by a collective bargaining

agreement adopted under Chapter 174;

(2) a police officer who is covered by an agreement adopted

under Subchapter H, I, or J, Chapter 143;

(3) a municipality that has a population of one million or more

and has not adopted Chapter 143; or

(4) a municipality that has adopted Subchapter I, Chapter 143,

in an election authorized by Section 143.3015.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1305, Sec. 1, eff. September 1, 2007.

Sec. 142.052. DEFINITIONS. In this subchapter:

(1) "Police officer" means a person who is a peace officer under

Article 2.12, Code of Criminal Procedure, or other law, and who

is employed by a municipality.

(2) "Police officers association" means an employee organization

in which police officers employed by a municipality participate

that exists for the purpose, in whole or in part, of dealing with

the municipality or public employer concerning grievances, labor

disputes, wages, rates of pay, hours of work, or conditions of

work affecting police officers.

(3) "Public employer" means a municipality or a law enforcement

agency of the municipality that is required to establish the

wages, salaries, rates of pay, hours of work, working conditions,

and other terms and conditions of employment of police officers

employed by the municipality.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.053. PETITION FOR RECOGNITION: ELECTION OR ACTION BY

GOVERNING BODY. (a) Not later than the 30th day after the date

the governing body of a municipality receives from a police

officers association a petition signed by the majority of all

police officers, excluding the head of the law enforcement agency

for the municipality and excluding the employees exempt under

Section 142.058(b), that requests recognition of the association

as the sole and exclusive bargaining agent for all the police

officers employed by the municipality, excluding the head of the

law enforcement agency for the municipality and excluding the

exempt employees, the governing body shall:

(1) grant recognition of the association as requested in the

petition and determine by majority vote that a public employer

may meet and confer under this subchapter without conducting an

election by the voters in the municipality under Section 142.055;

(2) defer granting recognition of the association and order an

election by the voters in the municipality under Section 142.055

regarding whether a public employer may meet and confer under

this subchapter; or

(3) order a certification election under Section 142.054 to

determine whether the association represents a majority of the

affected police officers.

(b) If the governing body of a municipality orders a

certification election under Subsection (a)(3) and the

association named in the petition is certified to represent a

majority of the affected police officers of the municipality, the

governing body shall, not later than the 30th day after the date

that results of that election are certified:

(1) grant recognition of the association as requested in the

petition for recognition and determine by majority vote that a

public employer may meet and confer under this subchapter without

conducting an election by the voters in the municipality under

Section 142.055; or

(2) defer granting recognition of the association and order an

election by the voters in the municipality under Section 142.055

regarding whether a public employer may meet and confer under

this subchapter.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.054. CERTIFICATION ELECTION. (a) Except as provided

by Subsection (b), a certification election ordered under Section

142.053(a)(3) to determine whether a police officers association

represents a majority of the covered police officers shall be

conducted according to procedures agreeable to the parties.

(b) If the parties are unable to agree on procedures for the

certification election, either party may request the American

Arbitration Association to conduct the election and to certify

the results of the election.

(c) Certification of the results of an election under this

section resolves the question concerning representation.

(d) The association is liable for the expenses of the

certification election, except that if two or more associations

seeking recognition as the sole and exclusive bargaining agent

submit a petition signed by at least 30 percent of the police

officers eligible to sign the petition for recognition, all the

associations named in any petition shall share equally the costs

of the election.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.055. ELECTION TO AUTHORIZE OPERATING UNDER THIS

SUBCHAPTER. (a) The governing body of a municipality that

receives a petition for recognition under Section 142.053 may

order an election to determine whether a public employer may meet

and confer under this subchapter.

(b) An election ordered under this section must be held as part

of the next regularly scheduled general election for municipal

officials that is held after the date the governing body of the

municipality orders the election and that allows sufficient time

to prepare the ballot in compliance with other requirements of

law.

(c) The ballot for an election ordered under this section shall

be printed to permit voting for or against the proposition:

"Authorizing __________ (name of the municipality) to operate

under the state law allowing a municipality to meet and confer

and make agreements with the association representing municipal

police officers as provided by state law, preserving the

prohibition against strikes and organized work stoppages, and

providing penalties for strikes and organized work stoppages."

(d) An election called under this section must be held and the

returns prepared and canvassed in conformity with the Election

Code.

(e) If an election authorized under this section is held, 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.

(f) If an election authorized under this section is held, an

association may not submit a petition for recognition to the

governing body of the municipality under Section 142.053 before

the second anniversary of the date of the election.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.056. CHANGE OR MODIFICATION OF RECOGNITION. (a) The

police officers may modify or change the recognition of the

association granted under this subchapter by filing with the

governing body of the municipality a petition signed by a

majority of all covered police officers.

(b) The governing body of the municipality may:

(1) recognize the change or modification as provided by the

petition; or

(2) order a certification election in accordance with Section

142.054 regarding whether to do so.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.057. STRIKES PROHIBITED. (a) A police officer

employed by a municipality may not engage in a strike or

organized work stoppage against this state or the municipality.

(b) A police officer who participates in a strike forfeits any

civil service rights, reemployment rights, and other rights,

benefits, or privileges the police officer may have as a result

of the officer's employment or prior employment with the

municipality.

(c) This section does not affect the right of a person to cease

work if the person is not acting in concert with others in an

organized work stoppage.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.058. RECOGNITION OF POLICE OFFICERS ASSOCIATION. (a) A

public employer in a municipality that chooses to meet and confer

under this subchapter shall recognize an association that is

recognized under Section 142.053 or 142.054 as the sole and

exclusive bargaining agent for the covered police officers

described in the petition for recognition, excluding the head of

the law enforcement agency and excluding the employees exempt

under Subsection (b), in accordance with this subchapter and the

petition.

(b) For the purposes of Subsection (a), exempt employees are the

employees appointed by the head of the law enforcement agency of

the municipality under Section 143.014 or that are exempt by the

mutual agreement of the recognized police officers association

and the public employer.

(c) The public employer shall recognize the police officers

association until recognition of the association is withdrawn, in

accordance with Section 142.056, by a majority of the police

officers eligible to sign a petition for recognition.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.059. GENERAL PROVISIONS RELATING TO AGREEMENTS. (a) A

municipality acting under this subchapter may not be denied local

control over the wages, salaries, rates of pay, hours of work, or

other terms and conditions of employment to the extent the public

employer and the police officers association recognized as the

sole and exclusive bargaining agent under this subchapter agree

as provided by this subchapter, if the agreement is ratified and

not withdrawn in accordance with this subchapter. Applicable

statutes and applicable local orders, ordinances, and civil

service rules apply to an issue not governed by the meet and

confer agreement.

(b) A meet and confer agreement under this subchapter must be

written.

(c) This subchapter does not require a public employer or a

recognized police officers association to meet and confer on any

issue or reach an agreement.

(d) A public employer and the recognized police officers

association may meet and confer only if the association does not

advocate an illegal strike by public employees.

(e) While a meet and confer agreement under this subchapter

between the public employer and the recognized police officers

association is in effect, the public employer may not accept a

petition, with regard to the police officers of the municipality

requesting an election to adopt:

(1) municipal civil service under Chapter 143; or

(2) collective bargaining under Chapter 174.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.060. SELECTION OF BARGAINING AGENT; BARGAINING UNIT.

(a) The public employer's chief executive officer or the chief

executive officer's designee shall select one or more persons to

represent the public employer as its sole and exclusive

bargaining agent to meet and confer on issues related to the

wages, hours of employment, and other terms and conditions of

employment of police officers by the municipality.

(b) A police officers association may designate one or more

persons to negotiate or bargain on the association's behalf.

(c) A municipality's bargaining unit is composed of all the

police officers of the municipality who are not the head of the

law enforcement agency or exempt under Section 142.058(b).

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.061. PROTECTED RIGHTS OF POLICE OFFICER. (a) For any

disciplinary appeal, a member of the municipality's bargaining

unit may be represented by the police officers association or by

any person the member selects.

(b) A meet and confer agreement ratified under this subchapter

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 Texas Workforce Commission civil rights division or the

federal Equal Employment Opportunity Commission or to pursue

affirmative action litigation.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.062. OPEN RECORDS. (a) A proposed meet and confer

agreement and a document prepared and used by the municipality,

including a public employer, in connection with the proposed

agreement are available to the public under Chapter 552,

Government Code, only after the agreement is ready to be ratified

by the governing body of the municipality.

(b) This section does not affect the application of Subchapter

C, Chapter 552, Government Code, to a document prepared and used

in connection with the agreement.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.063. OPEN DELIBERATIONS. (a) Deliberations relating

to a meet and confer agreement or proposed agreement under this

subchapter between representatives of the public employer and

representatives of the police officers association elected by a

majority vote of the officers to be the sole and exclusive

bargaining agent of the covered officers must be open to the

public and comply with state law.

(b) Subsection (a) may not be construed to prohibit the

representatives of the public employer or the representatives of

the police officers association from conducting private caucuses

that are not open to the public during meet and confer

negotiations.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.064. RATIFICATION AND ENFORCEABILITY OF AGREEMENT. (a)

An agreement under this subchapter is enforceable and binding on

the public employer, the recognized police officers association,

and the police officers covered by the meet and confer agreement

only if:

(1) the governing body of the municipality ratified the

agreement by a majority vote; and

(2) the recognized police officers association ratified the

agreement by conducting a secret ballot election at which the

majority of the police officers who would be covered by the

agreement favored ratifying the agreement.

(b) A meet and confer 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 a

question involving interpretation of the agreement.

(c) A state district court of a judicial district in which the

municipality is located has jurisdiction to hear and resolve a

dispute under the ratified meet and confer agreement on the

application of a party to the agreement 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 the

agreement. The court may issue proper restraining orders,

temporary and permanent injunctions, or any other writ, order, or

process, including contempt orders, that are appropriate to

enforcing the agreement.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.065. ACTION OR ELECTION TO REPEAL AUTHORIZATION TO

OPERATE UNDER THIS SUBCHAPTER. (a) The governing body of a

municipality that granted recognition of a police officers

association under Section 142.053 without conducting an election

under Section 142.055 may withdraw recognition of the association

by providing to the association not less than 90 days' written

notice that:

(1) the governing body is withdrawing recognition of the

association; and

(2) any agreement between the governing body and the association

will not be renewed.

(b) The governing body of a municipality that granted

recognition of a police officers association after conducting an

election under Section 142.055 may order an election to determine

whether a public employer may continue to meet and confer under

this subchapter. The governing body may not order an election

under this subsection until the second anniversary of the date of

the election under Section 142.055.

(c) An election ordered under Subsection (b) must be held as

part of the next regularly scheduled general election for

municipal officers that occurs after the date the governing body

of the municipality orders the election and that allows

sufficient time to prepare the ballot in compliance with other

requirements of law.

(d) The ballot for an election ordered under Subsection (b)

shall be printed to allow voting for or against the proposition:

"Authorizing __________ (name of the municipality) to continue to

operate under the state law allowing a municipality to meet and

confer and make agreements with the association representing

municipal police officers as provided by state law, preserving

the prohibition against strikes and organized work stoppages, and

providing penalties for strikes and organized work stoppages."

(e) An election ordered under Subsection (b) must be held and

the returns prepared and canvassed in conformity with the

Election Code.

(f) If an election ordered under Subsection (b) is held, the

municipality may continue to operate under this subchapter only

if a majority of the votes cast at the election favor the

proposition.

(g) If an election ordered under Subsection (b) is held, an

association may not submit a petition for recognition to the

governing body of the municipality under Section 142.053 before

the second anniversary of the date of the election.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.066. ELECTION TO REPEAL AGREEMENT. (a) Not later than

the 60th day after the date a meet and confer agreement is

ratified by the governing body of the municipality and the

recognized police officers association, a petition calling for

the repeal of the agreement signed by a number of registered

voters residing in the municipality equal to at least 10 percent

of the votes cast at the most recent general election held in the

municipality may be presented to the person charged with ordering

an election under Section 3.004, Election Code.

(b) If a petition is presented under Subsection (a), the

governing body of the municipality shall:

(1) repeal the meet and confer agreement; or

(2) certify that it is not repealing the agreement and call an

election to determine whether to repeal the agreement.

(c) An election called under Subsection (b)(2) may be held as

part of the next regularly scheduled general election for the

municipality. The ballot shall be printed to provide for voting

for or against the proposition: "Repeal the meet and confer

agreement ratified on _____ (date agreement was ratified) by the

__________ (name of the governing body of the municipality) and

the police officers employed by the City of __________ (name of

municipality) concerning wages, salaries, rates of pay, hours of

work, and other terms of employment."

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

repeal of the agreement, the agreement is void.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. A

written meet and confer agreement ratified under this subchapter

preempts, during the term of the agreement and to the extent of

any conflict, all contrary state statutes, local ordinances,

executive orders, civil service provisions, or rules adopted by

the head of the law enforcement agency or municipality or by a

division or agent of the municipality, such as a personnel board

or a civil service commission.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

Sec. 142.068. EFFECT ON EXISTING BENEFITS AND RIGHTS. (a) This

subchapter may not be construed as repealing any existing benefit

provided by statute or ordinance concerning police officers'

compensation, pensions, retirement plans, hours of work,

conditions of employment, or other emoluments, except as

expressly provided in a ratified meet and confer agreement. This

subchapter is in addition to the benefits provided by existing

statutes and ordinances.

(b) This subchapter may not be construed to interfere with a

police officer's constitutionally protected rights of freedom of

speech, freedom of association, and freedom to endorse or dissent

from any agreement.

Added by Acts 2005, 79th Leg., Ch.

1193, Sec. 2, eff. September 1, 2005.

SUBCHAPTER C. LOCAL CONTROL OF FIREFIGHTER EMPLOYMENT

MATTERS IN CERTAIN MUNICIPALITIES

Sec. 142.101. APPLICABILITY. (a) Except as provided by

Subsection (b), this subchapter applies only to a municipality:

(1) with a population of 50,000 or more; or

(2) that has adopted Chapter 143.

(b) This subchapter does not apply to a municipality that:

(1) has adopted Chapter 174;

(2) is covered by Subchapter H, I, or J, Chapter 143; or

(3) has a population of one million or more and has not adopted

Chapter 143.

Added by Acts 2005, 79th Leg., Ch.

262, Sec. 2, eff. September 1, 2005.

Sec. 142.102. DEFINITIONS. In this subchapter:

(1) "Firefighter" means a person who is defined as fire

protection personnel under Section 419.021, Government Code, and

who is employed by a municipality.

(2) "Firefighters association" means an employee organization in

which firefighters employed by a municipality participate that

exists for the purpose, in whole or in part, of dealing with the

municipality or public employer concerning grievances, labor

disputes, wages, rates of pay, hours of work, or conditions of

work affecting firefighters.

(3) "Public employer" means a municipality or the fire

department of the municipality that is required to establish the

wages, salaries, rates of pay, hours of work, working conditions,

and other terms and conditions of employment of firefighters

employed by the municipality.

Added by Acts 2005, 79th Leg., Ch.

262, Sec. 2, eff. September 1, 2005.

Sec. 142.103. PETITION FOR RECOGNITION: ELECTION OR ACTION BY

GOVERNING BODY. (a) Not later than the 30th day after the date

the governing body of a municipality receives from a firefighters

association a petition signed by the majority of all

firefighters, excluding the head of the fire department for the

municipality and excluding the employees exempt under Section

142.108(b), that requests recognition of the association as the

sole and exclusive bargaining agent for all the firefighters

employed by the municipality, excluding the head of the fire

department for the municipality and excluding the exempt

employees, the governing body shall:

(1) grant recognition of the association as requested in the

petition and determine by majority vote regarding whether a

public employer may meet and confer under this subchapter without

conducting an election by the voters in the municipality under

Section 142.105;

(2) defer granting recognition of the association and order an

election by the voters in the municipality under Section 142.105

regarding whether a public employer may meet and confer under

this subchapter; or

(3) order a certification election under Section 142.104 to

determine whether the association represents a majority of the

affected firefighters.

(b) If the governing body of a municipality orders a

certification election under Subsection (a)(3) and the

association named in the petition is certified to represent a

majority of the affected firefighters of the municipality, the

governing body shall, not later than the 30th day after the date

that results of that election are certified:

(1) grant recognition of the association as requested in the

petition for recognition and determine by majority vote that a

public employer may meet and confer under this subchapter without

conducting an election by the voters in the municipality under

Section 142.105; or

(2) defer granting recognition of the association and order an

election by the voters in the municipality under Section 142.105

regarding whether a public employer may meet and confer under

this subchapter.

Added by Acts 2005, 79th Leg., Ch.

262, Sec. 2, eff. September 1, 2005.

Sec. 142.104. CERTIFICATION ELECTION. (a) Except as provided

by Subsection (b), a certification election ordered under Section

142.103(a)(3) to determine whether a firefighters association

represents a majority of the covered firefighters shall be

conducted according to procedures agreeable to the parties.

(b) If the parties are unable to agree on procedures for the

certification election, either p