CHAPTER 150. MISCELLANEOUS PROVISIONS AFFECTING MUNICIPAL OFFICERS AND EMPLOYEES - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES

CHAPTER 150. MISCELLANEOUS PROVISIONS AFFECTING MUNICIPAL

OFFICERS AND EMPLOYEES

SUBCHAPTER A. INVOLVEMENT OF FIRE FIGHTERS AND POLICE OFFICERS IN

POLITICAL ACTIVITIES

Sec. 150.001. APPLICATION OF SUBCHAPTER TO CERTAIN

MUNICIPALITIES WITH POPULATION OF 10,000 OR MORE. This

subchapter applies only to a municipality with a population of

10,000 or more, but does not apply to a municipality in which

Chapter 143 applies.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28,

1989.

Sec. 150.002. POLITICAL ACTIVITIES. (a) While in uniform or on

active duty, an employee of the fire or police department of the

municipality may not engage in a political activity relating to a

campaign for an elective office.

(b) For the purposes of this section, a person engages in a

political activity if the person:

(1) makes a public political speech supporting or opposing a

candidate;

(2) distributes a card or other political literature relating to

the campaign of a candidate;

(3) wears a campaign button;

(4) circulates or signs a petition for a candidate;

(5) solicits votes for a candidate; or

(6) solicits campaign contributions for a candidate.

(c) While out of uniform and not on active duty, an employee of

the fire or police department may engage in a political activity

relating to a campaign for an elective office, including each

activity listed by Subsection (b), except that the person may not

solicit campaign contributions for a candidate other than from

members of an employee organization to which that person belongs.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28,

1989.

Sec. 150.003. RESTRICTION PROHIBITED. The municipality may not

restrict the right of an employee of the fire or police

department to engage in a political activity permitted by this

subchapter.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28,

1989.

SUBCHAPTER B. RESIDENCY REQUIREMENTS

Sec. 150.021. RESIDENCY REQUIREMENTS FOR MUNICIPAL EMPLOYEES.

(a) A municipality may not require residency within the

municipal limits as a condition of employment with the

municipality. A municipality may require residency within the

United States as a condition of employment.

(b) The prohibition under Subsection (a) does not apply to

residency requirements for:

(1) candidates for or holders of a municipal office, including a

position on the governing body of the municipality; or

(2) municipal department heads appointed by the mayor or

governing body of the municipality.

(c) The governing body of a municipality may prescribe

reasonable standards with respect to the time within which

municipal employees who reside outside the municipal limits must

respond to a civil emergency. The standards may not be imposed

retroactively on any person in the employ of the municipality at

the time the standards are adopted.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 35(a), eff. Aug. 28,

1989.