CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES

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 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.

Amended by:

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 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.

Amended by:

Acts 2005, 79th Leg., Ch.

738, Sec. 1, eff. September 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.

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. September 1, 2005.

Text of section as added by Acts 2005, 79th Leg., R.S., Ch.

129, Sec. 1

For text of section as added by Acts 2005, 79th Leg., Ch.

869, Sec. 1, see other Sec. 143.0051.

Sec. 143.0051. STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.

(a) This section applies only to a fire department employee

employed by a municipality with a population of 220,000 or more.

This section does not apply to a fire department employee

employed by a municipality:

(1) that has adopted Chapter 174; or

(2) to which Subchapter H or I applies.

(b) Notwithstanding any other provision of this chapter, a

previously non-classified fire department employee who serves in

a position described by Section 143.003(4)(B), (D), (G), or (J)

has the status of a civil service employee and is not required to

take a competitive examination to remain in the employee's

position if:

(1) the employee was appointed to that position on or before May

1, 2005, and was serving in that position on the date described

by Subsection (c); and

(2) the municipality's governing body by ordinance amends the

municipality's existing classification of fire department

employees to include the employee's position as provided by

Section 143.021.

(c) The civil service status of an employee to which Subsection

(b) applies is effective on the date that the ordinance amending

the municipality's classification system to include the

employee's position takes effect.

(d) A fire department employee who has civil service status

under Subsection (b) may be promoted only:

(1) by competitive examination in accordance with the

competitive civil service procedures prescribed in this chapter;

and

(2) within the employee's existing division.

(e) A fire department employee who has civil service status

under Subsection (b) may not:

(1) supervise or evaluate classified civil service personnel

assigned to fire suppression or emergency medical operations; or

(2) laterally transfer to fire suppression or emergency medical

operations.

(f) If a fire department employee who has civil service status

under Subsection (b) leaves the employee's position for any

reason, a person selected to fill that position must be selected

in accordance with the competitive civil service procedures

prescribed in this chapter.

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

129, Sec. 1, eff. May 24, 2005.

Text of section as added by Acts 2005, 79th Leg., R.S., Ch.

869, Sec. 1

For text of section as added by Acts 2005, 79th Leg., Ch.

129, Sec. 1, see other Sec. 143.0051.

Sec. 143.0051. STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.

(a) This section applies only to a fire department employee

employed by a municipality with a population of 150,000 or more

and with a governing body of five or fewer members.

(b) Notwithstanding any other provision of this chapter, a

previously nonclassified fire department employee who serves in a

position described by Section 143.003(4)(B), (D), (G), or (J) has

the status of a civil service employee and is not required to

take a competitive examination to remain in the employee's

position if:

(1) the employee was appointed to that position on or before May

1, 2005, and was serving in that position on the date described

by Subsection (c); and

(2) the municipality's governing body by ordinance amends the

municipality's existing classification of fire department

employees to include the employee's position as provided by

Section 143.021.

(c) The civil service status of an employee to which Subsection

(b) applies is effective on the date that the ordinance amending

the municipality's classification system to include the

employee's position takes effect.

(d) A fire department employee who has civil service status

under Subsection (b) may be promoted only:

(1) by competitive examination in accordance with the

competitive civil service procedures prescribed in this chapter;

and

(2) within the employee's existing division.

(e) A fire department employee who has civil service status

under Subsection (b) may not:

(1) supervise or evaluate classified civil service personnel

assigned to fire suppression or emergency medical operations; or

(2) laterally transfer to fire suppression or emergency medical

operations.

(f) If a fire department employee who has civil service status

under Subsection (b) leaves the employee's position for any

reason, a person selected to fill that position must be selected

in accordance with the competitive civil service procedures

prescribed in this chapter.

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

869, Sec. 1, eff. September 1, 2005.

Sec. 143.0052. FEE FOR EMERGENCY MEDICAL SERVICES. (a) This

section applies only to a municipality that:

(1) has a population of more than 200,000 and less than 250,000;

(2) is located in a county in which another municipality that

has a population of more than one million is predominately

located; and

(3) whose emergency medical services are administered by a fire

department.

(b) By resolution of its governing body, a municipality may

establish a monthly fee for the costs of emergency medical

services, including salary and overtime related to medical

personnel. This fee is applicable to each and every customer

served by a municipal water account and may be collected in

conjunction with the bill for water services.

(c) A municipality acting under this section supersedes any

authority established under Chapter 286, Health and Safety Code.

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

1415, Sec. 1, eff. September 1, 2009.

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 serve for the remainder of the unexpired term in the

same manner as the original appointment.

(c) A person appointed to the commission must:

(1) be of good moral character;

(2) be a United States citizen;

(3) be a resident of the municipality who has resided in the

municipality for more than three years;

(4) be over 25 years of age; and

(5) not have held a public office within the preceding three

years.

(c-1) Notwithstanding Subsection (c)(5), the municipality's

chief executive may reappoint a commission member to consecutive

terms. A commission member may not be reappointed to more than a

third consecutive term unless the member's reappointment to a

fourth or subsequent consecutive term is confirmed by a

two-thirds majority of all the members of the municipality's

governing body.

(c-2) Subsection (c)(5) does not prohibit the municipality's

chief executive from appointing a former commission member to the

commission if the only public office held by the former member

within the preceding three years is membership on:

(1) the commission; or

(2) the commission and the municipality's civil service board

for employees other than police officers and firefighters through

a joint appointment to the commission and board.

(c-3) Subsections (c-1) and (c-2) do not apply to a municipality

with a population of 1.5 million or more.

(d) In making initial appointments, the chief executive shall

designate one member to serve a one-year term, one member to

serve a two-year term, and one member to serve a three-year term.

If a municipality has a civil service commission immediately

before this chapter takes effect in that municipality, that civil

service commission shall continue as the commission established

by this section and shall administer the civil service system as

prescribed by this chapter. As the terms of the members of the

previously existing commission expire, the chief executive shall

appoint members as prescribed by this section. If necessary to

create staggered terms as prescribed by this section, the chief

executive shall appoint the initial members, required to be

appointed under this chapter, to serve terms of less than three

years.

(e) Initial members shall elect a chairman and a vice-chairman

within 10 days after the date all members have qualified. Each

January, the members shall elect a chairman and a vice-chairman.

(f) The governing body of the municipality shall provide to the

commission adequate and suitable office space in which to conduct

business.

(g) The chief executive of a municipality commits an offense if

the chief executive knowingly or intentionally fails to appoint

the initial members of the commission within the 60-day period

prescribed by Subsection (a). An offense under this subsection is

a misdemeanor punishable by a fine of not less than $100 or more

than $200. Each day after the 60-day period that the chief

executive knowingly or intentionally fails to make a required

appointment constitutes a separate offense.

(h) The chief executive of a municipality or a municipal

official commits an offense if the person knowingly or

intentionally refuses to implement this chapter or attempts to

obstruct the enforcement of this chapter. An offense under this

subsection is a misdemeanor punishable by a fine of not less than

$100 or more than $200.

Acts 1987, 70th Leg., ch. 149, 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, 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

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, 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 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 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 specifically adopts the appointment

procedure prescribed by this subsection through the collective

bargaining process.

(d) A person appointed to a position in the classification

immediately below that of the head of the police department must:

(1) be employed by the municipality's police department as a

sworn police officer;

(2) have at least two years' continuous service in that

department as a sworn police officer; and

(3) meet the requirements for appointment as head of a police

department prescribed by Section 143.013(b).

(e) A person appointed to a position in the classification

immediately below that of the head of the fire department must:

(1) be employed by the municipality's fire department;

(2) have a permanent classification in at least an officer

level; and

(3) meet the requirements for appointment as head of a fire

department prescribed by Section 143.013(b).

(f) The department head shall make each appointment under this

section within 90 days after the date a vacancy occurs in the

position.

(g) A person appointed under this section serves at the pleasure

of the department head. A person who is removed from the position

by the department head shall be reinstated in the department and

placed in the same classification, or its equivalent, that the

person held before appointment. The person retains all rights of

seniority in the department.

(h) If a person appointed under this section is charged with an

offense in violation of civil service rules and indefinitely

suspended by the department head, the person has the same rights

and privileges of a hearing before the commission in the same

manner and under the same conditions as a classified employee. If

the commission, a hearing examiner, or a court of competent

jurisdiction finds the charges to be untrue or unfounded, the

person shall immediately be restored to the same classification,

or its equivalent, that the person held before appointment. The

person has all the rights and privileges of the prior position

according to seniority, and shall be repaid for any lost wages.

(i) A person serving under permanent appointment in a position

in the classification immediately below that of the department

head on September 1, 1983, is not required to meet the

requirements of this section or to be appointed or reappointed as

a condition of tenure or continued employment.

Acts 1987, 70th Leg., ch. 149, 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

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, 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 police department unless the person is at least 18 years of

age. A person may not take an entrance examination for a

beginning position in the fire department unless the person is at

least 18 years of age but not 36 years of age or older.

(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.

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

273, Sec. 1, eff. May 30, 2009.

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.

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 not less than six

months or more than 12 months, unless the names of all applicants

on the list have been referred to the appropriate department. The

commission shall determine the length of the period. The

commission shall give new examinations at times the commission

considers necessary to provide required staffing for scheduled

fire or police training academies.

(i) The grade to be placed on the eligibility list for each

applicant shall be computed by adding an applicant's points under

Subsection (f), if any, to the applicant's grade on the written

examination. Each applicant's grade on the written examination is

based on a maximum grade of 100 percent and is determined

entirely by the correctness of the applicant's answers to the

questions. The minimum passing grade on the examination is 70

percent. An applicant must pass the examination to be placed on

an eligibility list.

(j) Notwithstanding Subsection (i), each applicant who is either

a natural-born or adopted child of a fire fighter who previously

suffered a line-of-duty death while covered by this chapter shall

be ranked at the top of any eligibility list in which said

applicant receives a minimum passing grade on that respective

eligibility exam. The deceased fire fighter's applicant child

must otherwise satisfy all of the requirements for eligibility

for a beginning position in a fire department contained in this

chapter. This commission shall promulgate rules to identify and

verify each applicant's eligibility for applicability of this

subsection.

(k) This section does not apply to a police department located

in a municipality with a population of 1.5 million or more.

Acts 1987, 70th Leg., ch. 149, 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.

Amended by:

Acts 2005, 79th Leg., Ch.

380, Sec. 2, eff. June 17, 2005.

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

27, Sec. 1, eff. September 1, 2007.

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 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. (a) A person appointed to a

beginning position in the fire or police department must serve a

probationary period of one year beginning on that person's date

of employment as a fire fighter, police officer, or academy

trainee. In a municipality with a population of less than 1.9

million, the commission by rule may extend the probationary

period by not more than six months for a person who:

(1) is not employed by a department in which a collective

bargaining agreement or a meet-and-confer agreement currently

exists or previously existed; and

(2) is required to attend a basic training academy for initial

certification by the Texas Commission on Fire Protection or the

Commission on Law Enforcement Officer Standards and Education.

(b) During a fire fighter's or police officer's probationary

period, the department head shall discharge the person and remove

the person from the payroll if the person's appointment was not

regular or was not made in accordance with this chapter or the

commission rules.

(c) During a fire fighter's or police officer's probationary

period, the person may not be prohibited from joining or required

to join an employee organization. Joining or not joining an

employee organization is not a ground for retaining or not

retaining a fire fighter or police officer serving a probationary

period.

(d) A fire fighter or police officer who was appointed in

substantial compliance with this chapter and who serves the

entire probationary period automatically becomes a full-fledged

civil service employee and has full civil service protection.

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

Amended by:

Acts 2005, 79th Leg., Ch.

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

Acts 2005, 79th Leg., Ch.

909, Sec. 1, eff. September 1, 2005.

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

921, Sec. 11.001, eff. September 1, 2007.

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.

(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 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.

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;

(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.

Amended by:

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 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.

Amended by:

Acts 2005, 79th Leg., Ch.

869, Sec. 3, eff. September 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.

Sec. 143.035. ALTERNATE PROMOTIONAL SYSTEM IN POLICE DEPARTMENT.

(a) This section does not apply to a municipality that has

adopted The Fire and Poli