CHAPTER 157. ASSISTANCE, BENEFITS, AND WORKING CONDITIONS OF COUNTY OFFICERS AND EMPLOYEES - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES

CHAPTER 157. ASSISTANCE, BENEFITS, AND WORKING CONDITIONS OF

COUNTY OFFICERS AND EMPLOYEES

SUBCHAPTER A. MEDICAL CARE, HOSPITALIZATION, AND INSURANCE

Sec. 157.001. HOSPITALIZATION INSURANCE. The commissioners

court of a county may provide hospitalization insurance to a

county official, deputy, assistant, or other county employee.

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

Sec. 157.002. MEDICAL CARE, HOSPITALIZATION, AND INSURANCE IN

COUNTIES. (a) The commissioners court by rule may provide for

medical care and hospitalization and may provide for

compensation, accident, hospital, and disability insurance for

the following persons if their salaries are paid from the funds

of the county or funds of a flood control district located

entirely in the county, or funds of a hospital district described

by Section 281.0475, Health and Safety Code, located entirely in

the county, or if they are employees of another governmental

entity for which the county is obligated to provide benefits:

(1) deputies, assistants, and other employees of the county, or

of the flood control district, or of the hospital district, who

work under the commissioners court or its appointees;

(2) county and district officers and their deputies and

assistants appointed under Subchapter A, Chapter 151;

(3) employees appointed under Section 10(a), Article 42.12, Code

of Criminal Procedure;

(4) any retired person formerly holding any status listed above;

and

(5) the dependents of any person listed above.

(b) The commissioners court may contract with a county-operated

hospital or a hospital operated jointly by a municipality and

county to provide medical care and hospitalization under this

section. The commissioners court may, if circumstances warrant,

provide for medical care and hospitalization in a private

hospital.

(c) A rule adopted under this section relating to a person's

medical care, hospitalization, or insurance coverage must be

included in the person's employment contract.

(d) A rule adopted under this section is subject to the approval

of the county auditor.

(e) Before adopting a rule under this section, the commissioners

court must give notice of a hearing about the proposed adoption.

The notice must be published in a newspaper that is published in

the county. The publication must be made at least once a week for

two consecutive weeks. The first notice must appear before the

15th day before the date of the hearing. The notice must provide

a brief summary of the rule as well as the time and day of the

hearing. On adoption, the rule must be entered in the minutes of

the hearing and it takes effect on the date set out in the rule.

At the hearing, an employee or taxpayer of the county is entitled

to appear and protest the adoption of a rule.

(f) A county providing coverage under this section shall

reinsure its potential liability or purchase stop-loss coverage

for any amount of potential liability that is in excess of 125

percent of projected paid losses and may reinsure its potential

liability or purchase stop-loss coverage for any amount of

potential liability that is 125 percent or less of projected paid

losses. A county must reinsure the liability or purchase

stop-loss coverage from an insurance company admitted to do

business in this state that has a certificate of authority from

the State Board of Insurance.

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

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(h), eff. Aug. 28,

1989; Acts 1989, 71st Leg., ch. 872, Sec. 1, 2, eff. June 14,

1989.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 22, eff. September 1, 2005.

Sec. 157.003. HOSPITAL AND INSURANCE FUND. (a) In a county

that adopts rules under Section 157.002, the commissioners court

may require persons participating in the health plan to

contribute toward the payment of the plan. The commissioners

court may establish a fund to be known as the "Hospital and

Insurance Fund--County Employees" to pay for the medical care or

hospitalization or the insurance.

(b) A person who elects to participate in the health plan must

authorize contributions to the fund by salary deduction. The

authorization must be in writing and must be given at the time of

the person's employment or on the effective date of the rules.

The county and any participating flood control district or

hospital district shall also contribute to the fund. A person

who does not contribute to the plan may not receive

hospitalization or insurance benefits.

(c) The fund may be used only for the purposes stated in

Subsection (a). Employees who are discharged or who end their

employment voluntarily have no vested right to contributions made

to the fund. The fund shall continue to be used for the benefit

of the remaining employees.

(d) Claims shall be paid from the fund in the same manner as

provided by law for the payment of other claims of the county or

flood control district.

(e) If a plan established under this section is terminated by

the commissioners court, the remaining funds shall be transferred

to the county and to any participating flood control district in

proportion to the total contributions made by them.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 23, eff. September 1, 2005.

Sec. 157.004. DISABILITY COMPENSATION IN COUNTIES OF 290,000 TO

500,000. (a) The commissioners court of a county with a

population of 290,000 to 500,000 shall provide for the payment of

a county employee who is made totally unfit to continue

employment because of a physical injury occurring in the actual

and active discharge of a duty. The payment may not cover more

than six months of disability. The payment must be in the

following amounts:

(1) full salary for each month, or part of a month, of total

disability during the first three months of the disability; and

(2) one-half salary for each month, or part of a month, of total

disability during the second three months of the disability.

(b) The commissioners court, before making an award for

disability under this section, shall conduct a hearing to

determine the merits of the claim and may subpoena and examine

witnesses to assist in the determination. The commissioners court

may grant or refuse an award.

(c) The employee making a claim under this section may appeal a

decision of the commissioners court within 10 days after the date

of the decision. Appeal is by trial de novo before the court that

has jurisdiction of the amount involved.

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

Sec. 157.005. SUBROGATION. (a) A county that has paid medical

expenses, doctor bills, hospital bills, or salary for a sheriff,

deputy sheriff, constable, deputy constable, or other county or

precinct law enforcement official under Article III, Section 52e,

of the Texas Constitution, as adopted in 1967, is subrogated to

the law enforcement official's right of recovery for personal

injuries caused by another to the extent of the payments made by

the county.

(b) A county may not refuse to pay medical expenses, doctor

bills, or hospital bills on the ground that the law enforcement

official has a claim for damages for personal injury.

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

Sec. 157.006. PAYMENTS FOR CERTAIN HEALTH INSURANCE COVERAGE.

(a) A hospital district created under Article IX of the Texas

Constitution or a county may purchase and pay the premiums for a

conversion policy or other health insurance coverage for a person

who is diagnosed as having HIV or AIDS, or defined by Section

81.101, Health and Safety Code, or other terminal or chronic

illness, who is unemployed, and whose income level is less than

200 percent of the federal poverty level, based on the federal

Office of Management and Budget poverty index in effect at the

time coverage is provided, even though that person may be

eligible for benefits under Chapter 32, Human Resources Code, or

a medical assistance program of the county or hospital district.

(b) Health insurance coverage for which premiums may be paid

under this section includes coverage purchased from an insurance

company authorized to do business in this state, a group hospital

services corporation operating under Chapter 842, Insurance Code,

a health maintenance organization operating under Chapter 843,

Insurance Code, or an insurance pool created by the federal or

state government or a political subdivision of the state.

(c) The county or hospital district may provide for payment of

premiums from unencumbered money available to it for that

purpose.

(d) A county or hospital by order may adopt necessary rules,

criteria, and plans and may enter into necessary contracts to

carry out this section.

Added by Acts 1989, 71st Leg., ch. 1041, Sec. 6, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(10), eff.

Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.537, eff.

Sept. 1, 2003.

Sec. 157.007. APPLICABILITY OF SUBCHAPTER. (a) A county that

chooses to provide medical or related benefits may operate under

this subchapter or Subchapter F.

(b) A county operating under this subchapter that previously

created a fund under Section 157.102 may continue the fund or may

terminate the fund and create a fund as provided by Section

157.003.

Added by Acts 2003, 78th Leg., ch. 630, Sec. 2, eff. Sept. 1,

2003.

Sec. 157.008. INSURANCE POOL OR INSURANCE COMPANY NOT CREATED.

If a county provides for medical care and hospitalization or

provides for compensation, accident, hospital, and disability

insurance to persons listed under Section 157.002(a)(1), the

county:

(1) has not created an insurance pool with a flood control

district, hospital district, or other governmental entity, unless

the county enters into a contract under Chapter 172; and

(2) is not an insurance company subject to the Insurance Code or

to regulation by the Texas Department of Insurance as an

insurance company.

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

1094, Sec. 24, eff. September 1, 2005.

SUBCHAPTER B. HOURS OF WORK

Sec. 157.021. HOURS OF WORK OF COUNTY EMPLOYEES. (a) In a

county with a population of 355,000 or more, the commissioners

court may adopt and enforce uniform rules on the hours of work of

department heads, assistants, deputies, and other employees whose

compensation is set or approved by the court.

(b) The commissioners court of any county may adopt and enforce

uniform rules on overtime and compensatory time for department

heads, assistants, deputies, and other employees whose

compensation is set or approved by the commissioners court. The

rules may:

(1) prohibit unbudgeted overtime, except when the commissioners

court or an elected county or district officer declares an

emergency; and

(2) require that emergency overtime be reported to the county

auditor and the commissioners court.

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

Amended by Acts 1995, 74th Leg., ch. 713, Sec. 2, eff. Sept. 1,

1995.

Sec. 157.022. HOURS OF WORK OF PEACE OFFICERS IN COUNTIES OF

MORE THAN ONE MILLION. (a) A peace officer employed by a county

with a population of more than one million may not be required to

work more hours during a calendar week than the number of hours

in the normal work week of the majority of other county

employees.

(b) A sheriff or constable may require a peace officer to work

more hours than allowed by Subsection (a) if the sheriff or

constable determines an emergency exists that requires the

officer to work extra hours.

(c) A peace officer who elects to work extra hours during a

calendar week shall be compensated on a basis consistent with

overtime provisions of the county personnel policy.

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

Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 91, eff. Sept. 1,

1991.

SUBCHAPTER C. LIABILITY INSURANCE

Sec. 157.041. GENERAL LIABILITY INSURANCE. (a) The

commissioners court of a county may obtain insurance or similar

coverage from a governmental pool operating under Chapter 119 or

a self-insurance fund or risk retention group operating under

Chapter 2259, Government Code, for an official or employee of the

county including county and precinct peace officers designated by

the commissioners court, a district attorney who has all or part

of the county within the district attorney's jurisdiction, or an

official of any special purpose district located, in whole or in

part, in the county against liability arising from the

performance of official duties or duties of employment.

(b) Insurance provided under this section must be purchased from

an insurance company authorized to do business in this state and

must be on forms approved by the commissioner of insurance.

(c) The commissioner of insurance shall adopt rules and set

rates to implement this section.

(d) Coverage obtained from a pool operating under Chapter 119 or

a self-insurance fund or risk retention group operating under

Chapter 2259, Government Code, is not insurance and, except as

provided by Subsections (b) and (c), is not subject to regulation

by the commissioner of insurance.

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

Amended by Acts 1993, 73rd Leg., ch. 561, Sec. 7, eff. Aug. 30,

1993; Acts 2001, 77th Leg., ch. 1420, Sec. 8.287, eff. Sept. 1,

2001.

Sec. 157.042. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE

OFFICERS IN CERTAIN COUNTIES. (a) A county that has a

population of more than 1.3 million and in which a municipality

with a population of more than one million is primarily located

shall insure its sheriff, constables, and full-time deputies of

those officers against liability to third persons arising from

the operation or maintenance of:

(1) county-owned or county-leased motor vehicles; and

(2) privately owned motor vehicles to the extent used for the

performance of county business or law enforcement duties.

(b) A county may satisfy the requirement of Subsection (a) by

requiring that the person to be covered purchase an extended

coverage endorsement to an individually owned liability insurance

policy and by reimbursing the person for the cost of the extended

coverage endorsement. The extended coverage endorsement must be

in an amount equal to or greater than that required by Subsection

(d) and must extend coverage to include the operation of vehicles

in the scope of the person's employment. The county may require a

person insured in this manner to provide proof of coverage.

(c) A county may elect to comply with the requirements of this

section by self-insuring in accordance with Section 601.124,

Transportation Code.

(d) Liability coverage required under this section must be in

amounts equal to or greater than the amounts required by Chapter

601, Transportation Code.

(e) In this section, "motor vehicle" means a vehicle for which

motor vehicle insurance is written under Subchapter A, Chapter 5,

Insurance Code.

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

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.217, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 644, Sec. 1, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 669, Sec. 68, eff. Sept. 1, 2001.

Sec. 157.043. GENERAL LIABILITY INSURANCE FOR COUNTY OFFICIALS.

(a) In this section, "county officer or employee" includes a

county or precinct peace officer, the district attorney, or an

officer of a special purpose district located in whole or in part

in the county.

(b) The commissioners court of a county may obtain insurance or

similar coverage from a governmental pool operating under Chapter

119 or a self-insurance fund or risk retention group operating

under Chapter 2259, Government Code, for a county officer or

employee, insuring the officer or employee from liability for

losses arising from the performance of official duties by the

officer or duties of employment by the employee, including losses

resulting from errors or omissions of the officer or employee or

from crime, dishonesty, or theft.

(c) An insurance policy purchased under Subsection (b) may be a

blanket insurance policy covering some or all county officers or

employees. The commissioners court may self-insure for part or

all of any deductible required under a blanket insurance policy.

A blanket insurance policy purchased under this subsection may be

used to satisfy any requirement for insurance required of a

county officer by any law.

(d) This section is cumulative of other statutory, common law,

or constitutional provisions.

Added by Acts 1999, 76th Leg., ch. 92, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.288, eff.

Sept. 1, 2001.

SUBCHAPTER D. CHILD CARE SERVICES

Sec. 157.061. DEFINITIONS. In this subchapter:

(1) "Child care services" means the care, training, education,

custody, treatment, and supervision of children for all or part

of a day.

(2) "County juror" means a juror in a justice, county, or

district court in a county.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,

1989.

Sec. 157.062. AUTHORITY TO ESTABLISH PROGRAM. The commissioners

court of a county with a population of 500,000 or more may

establish a program by which the county provides child care

services to benefit county employees, county jurors, and their

children.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,

1989.

Sec. 157.063. ELIGIBLE CHILDREN. Any child of a county employee

or county juror, including a stepchild, foster child, or other

child in the possession of the employee or juror under a court

order, is eligible to participate in the child care program

subject to the limitations imposed under Section 157.065.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,

1989.

Sec. 157.064. SPACE FOR PROGRAM. The commissioners court may

set aside space in an existing county facility or may acquire by

lease or purchase additional space for the child care program.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,

1989.

Sec. 157.065. SCOPE OF PROGRAM. (a) The commissioners court

may determine its own guidelines about the scope of the child

care program. The guidelines must include provisions relating to

fees for participation in the program, ages of children who may

participate, services to be available, times services are

available, and related matters.

(b) The commissioners court shall appoint a board of county

employees to review the program and guidelines and to make

recommendations to the court about the program.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,

1989.

Sec. 157.066. STAFF. (a) The commissioners court may employ a

child care administrator to supervise the administration of the

program and, with the approval of the court, to employ the

necessary staff to administer the program.

(b) Instead of exercising the authority under Subsection (a),

the commissioners court may contract for the child care services.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,

1989.

Sec. 157.067. FEES. (a) The commissioners court may set fees

to be charged for the child care services. A fee may be set at

any amount not to exceed the actual cost of providing the

service. If the amount of a fee is less than the cost of

providing the service, the difference between the two amounts is

considered to be part of the compensation of the county employee

or county juror.

(b) Fees collected under this section shall be deposited in the

general fund of the county.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,

1989.

SUBCHAPTER E. POOLING OF SICK LEAVE BY COUNTY EMPLOYEES

Sec. 157.071. DEFINITIONS. In this subchapter:

(1) "Administrator" means the person designated by the

commissioners court of a county to administer the county's sick

leave pool program.

(2) "Employee" means a district, county, or precinct employee

with 12 or more months of continuous employment with the

district, county, or precinct who is paid from the general fund

of the county, from a special fund of the county, or from special

grants paid through the county.

Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1997, 75th Leg., ch. 612, Sec. 1, eff.

Sept. 1, 1997.

Sec. 157.072. AUTHORITY TO ESTABLISH PROGRAM FOR SICK LEAVE

POOL. (a) The commissioners court of a county may establish a

program within the county to allow an employee to voluntarily

transfer sick leave time earned by the employee to a county sick

leave pool.

(b) The commissioners court of a county with a population of one

million or more may allow an employee to voluntarily transfer

vacation leave time earned by the employee to a county sick leave

pool.

Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 711, Sec. 1, eff.

Sept. 1, 1995.

Sec. 157.073. ADMINISTRATION OF SICK LEAVE POOL PROGRAM. (a)

The commissioners court may adopt rules and prescribe procedures

and forms relating to the operation of the county sick leave pool

program. The commissioners court by rule may require an employee

to:

(1) enroll in the county sick leave pool as a condition for

eligibility under Section 157.075(a); and

(2) transfer at least one day of accrued sick leave time or, if

allowed under Section 157.072(b), accrued vacation leave time

earned by the employee as a condition of enrollment.

(b) The commissioners court shall designate a person to

administer the county sick leave pool program.

(c) The commissioners court shall determine which injuries and

illnesses are classified as catastrophic for purposes of this

subchapter. The court shall provide to the administrator a

written statement of that classification.

Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 2001, 77th Leg., ch. 493, Sec. 1, eff. June

11, 2001.

Sec. 157.074. EMPLOYEE CONTRIBUTION TO SICK LEAVE POOL. (a) To

contribute time to the county sick leave pool, an employee must

submit an application to the administrator in the form prescribed

by the commissioners court.

(b) On approval by the administrator, in a fiscal year the

employee may transfer to the county sick leave pool not less than

one day or more than five days of accrued sick leave time, or

accrued vacation leave time in a county operating under Section

157.072(b), earned by the employee. The administrator shall

credit the pool with the amount of time contributed by the

employee and shall deduct the same amount of time from the amount

to which the employee is entitled, as if the employee had used

the time for personal purposes.

(c) An employee who is terminated or who resigns or retires may

donate not more than 10 days of accrued sick leave time or, if

allowed under Section 157.072(b), accrued vacation leave time

earned by the employee to take effect immediately before the

effective date of termination, resignation, or retirement.

Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 711, Sec. 2, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 612, Sec. 2, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 493, Sec. 2, eff. June 11,

2001.

Sec. 157.075. EMPLOYEE WITHDRAWAL FROM SICK LEAVE POOL. (a) An

employee is eligible to use time contributed to the county sick

leave pool if:

(1) because of a catastrophic injury or illness, the employee

has exhausted all the accrued paid leave and compensatory time to

which the employee is otherwise entitled; and

(2) the employee is enrolled in the county sick leave pool, if

the commissioners court requires enrollment under Section

157.073(a).

(b) An eligible employee must apply to the administrator for

permission to use time in the county sick leave pool. If the

administrator determines that the employee is eligible, the

administrator shall approve the transfer of time from the pool to

the employee. The administrator shall credit the time to the

employee, and the employee may use the time in the same manner as

sick leave earned by the employee in the course of employment.

(c) An eligible employee may not use time in the county sick

leave pool in an amount that exceeds the lesser of one-third of

the total amount of time in the pool or 180 days. The

administrator shall determine the exact amount that an eligible

employee may use.

(d) An employee absent on sick leave assigned from the county

sick leave pool is treated for all purposes as if the employee

were absent on earned sick leave.

(e) The estate of a deceased employee is not entitled to payment

for unused sick leave acquired by that employee from the county

sick leave pool.

Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,

1993. Amended by Acts 1997, 75th Leg., ch. 612, Sec. 3, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 493, Sec. 3, eff. June

11, 2001; Acts 2001, 77th Leg., ch. 554, Sec. 1, eff. June 11,

2001.

SUBCHAPTER F. GROUP HEALTH AND RELATED BENEFITS

Sec. 157.101. GROUP HEALTH AND RELATED BENEFITS. (a) A

commissioners court by rule, including through an

intergovernmental risk pool organized under Chapter 172, may

provide for group health and related benefits, including medical

care, surgical care, hospitalization, and pharmaceutical, life,

accident, disability, long-term care, vision, dental, mental

health, and substance abuse benefits, for the following persons

if their salaries are paid from the funds of the county or funds

of a flood control district located entirely in the county, or

funds of a hospital district described by Section 281.0475,

Health and Safety Code, located entirely in the county, or if

they are employees of another governmental entity for which the

county is obligated to provide benefits:

(1) deputies, assistants, and other employees of the county, or

of the flood control district, or of the hospital district, who

work under the commissioners court or its appointees;

(2) county and district officers and their deputies and

assistants appointed under Subchapter A, Chapter 151;

(3) employees of a community supervision and corrections

department established under Chapter 76, Government Code;

(4) a retired person formerly holding a status listed in

Subdivisions (1)-(3); and

(5) the dependents of a person listed in Subdivisions (1)-(4).

(b) The commissioners court may provide the benefits under

Subsection (a) through insurance, self-insurance, or a contract

with a county-operated hospital, a hospital operated jointly by a

municipality and county, or a private hospital.

(c) A rule adopted under this section relating to a person's

group health or related benefits coverage must be included in the

person's employment contract or otherwise communicated in writing

to the person.

(d) A rule adopted under this section may be subject to the

approval of the county auditor.

(e) Before adopting a rule under this section, the commissioners

court must provide notice of a hearing about the proposed

adoption in accordance with Chapter 551, Government Code. At the

hearing, an employee or taxpayer of the county is entitled to

appear and protest the adoption of a rule.

(f) A county providing coverage under this section may reinsure

its potential liability or purchase stop-loss coverage for any

amount of potential liability that is in excess of projected paid

losses. A county that reinsures its potential liability or

purchases stop-loss coverage for any amount of potential

liability must do so from an insurance company admitted to do

business in this state that holds a certificate of authority from

the Texas Department of Insurance or an intergovernmental risk

pool organized under Chapter 172.

Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 25, eff. September 1, 2005.

Sec. 157.102. GROUP HEALTH AND RELATED BENEFITS FUND. (a) The

commissioners court of a county that adopts rules under Section

157.101 may require persons participating in the group health and

related benefits plan to contribute toward the payment of the

plan. The commissioners court may establish a fund to pay for

the group health and related benefits. The fund may take the

form of a single nonprofit trust as described by Section

222.002(c)(5)(A), Insurance Code.

(b) A person who elects to participate in any aspect of the

group health and related benefits plan and is required to make

contributions toward the payment of the plan must authorize

contributions to the fund by salary deduction. The authorization

must be submitted in writing to the county officer authorized by

the commissioners court to administer payroll deductions. The

authorization remains in effect as long as the person is required

to make contributions toward the payment of the plan. If the

amount of the person's required contributions changes after the

date the request for deduction is submitted, the county shall

notify the person of the change before the change takes effect.

The county and any participating flood control district or

hospital district may also contribute to the fund.

(c) The fund may be used only for the purposes stated in

Subsection (a). Employees who are discharged or who end their

employment voluntarily have no vested right to contributions made

to the fund. The fund shall continue to be used for the benefit

of the remaining employees.

(d) Claims shall be paid from the fund in the same manner as

provided by law for the payment of other claims of the county or

flood control district.

(e) If a plan established under this section is terminated by

the commissioners court, the remaining funds shall be transferred

to the county and to any participating flood control district in

proportion to the total contributions made by them.

Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.145, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1094, Sec. 26, eff. September 1, 2005.

Sec. 157.103. SUBROGATION. (a) A county that has paid group

health and related benefits for a sheriff, deputy sheriff,

constable, deputy constable, or other county or precinct law

enforcement official is subrogated to the law enforcement

official's right of recovery for personal injuries caused by

another to the extent of the payments made by the county.

(b) A county may not refuse to pay group health and related

benefits on the ground that the law enforcement official has a

claim for damages for personal injury.

Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,

2003.

Sec. 157.104. PAYMENTS FOR CERTAIN HEALTH COVERAGE. A county

may purchase and pay premiums for coverages as described by

Section 157.006.

Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,

2003.

Sec. 157.105. APPLICABILITY OF SUBCHAPTER. (a) A county that

chooses to provide medical or related benefits may operate under

this subchapter or Subchapter A.

(b) A county operating under this subchapter that previously

created a fund under Section 157.003 may continue the fund or may

terminate the fund and create a fund as provided by Section

157.102.

Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,

2003.

Sec. 157.106. INSURANCE POOL OR INSURANCE COMPANY NOT CREATED.

If a county provides for group health and related benefits,

including medical care, surgical care, hospitalization, and

pharmaceutical, life, accident, disability, long-term care,

vision, dental, mental health, and substance abuse benefits, to

persons listed under Section 157.101(a)(1), the county:

(1) has not created an insurance pool with a flood control

district, hospital district, or other governmental entity, unless

the county enters into a contract under Chapter 172; and

(2) is not an insurance company subject to the Insurance Code or

to regulation by the Texas Department of Insurance as an

insurance company.

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

1094, Sec. 27, eff. September 1, 2005.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 157.901. LEGAL DEFENSE OF EMPLOYEES. (a) A county

official or employee sued by any entity, other than the county

with which the official or employee serves, for an action arising

from the performance of public duty is entitled to be represented

by the district attorney of the district in which the county is

located, the county attorney, or both.

(b) If additional counsel is necessary or proper in the case of

an official or employee provided legal counsel under Subsection

(a) or if it reasonably appears that the act complained of may

form the basis for the filing of a criminal charge against the

official or employee, the official or employee is entitled to

have the commissioners court of the county employ and pay private

counsel.

(c) A county official or employee is not required to accept the

legal counsel provided in this section.

(d) Repealed by Acts 1989, 71st Leg., ch. 509, Sec. 2, eff. June

14, 1989.

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

Renumbered from Sec. 157.061 and amended by Acts 1989, 71st Leg.,

ch. 1, Sec. 37(a), (b), eff. Aug. 28, 1989. Amended by Acts 1989,

71st Leg., ch. 509, Sec. 1, 2, eff. June 14, 1989.

Sec. 157.9015. REPRESENTATION PERMITTED WITHOUT CONFLICT OF

INTEREST. (a) It is not a conflict of interest for a district

or county attorney under Section 157.901 to defend a county or a

county official or employee sued by another county official or

employee and also to advise or represent the opposing party on a

separate matter arising from the performance of a public duty,

regardless of whether the attorney gives the advice or

representation to the opposing party before the suit began or

while the suit is pending.

(b) If practicable, the district or county attorney shall assign

a different attorney to defend the county or a county official or

employee under this section than the attorney assigned to advise

or represent the opposing party on a separate matter.

(c) This section does not require a district or county attorney

to represent a county official or employee who brings a suit

against the county or another county official or employee for an

action arising from the performance of a public duty.

Added by Acts 1999, 76th Leg., ch. 338, Sec. 1, eff. May 29,

1999.

Sec. 157.902. PERSONNEL RULES APPLYING TO JUVENILE AND PROBATION

OFFICERS, COURT REPORTERS, AND COUNTY AUDITOR'S OFFICE IN

COUNTIES OF 500,000 OR MORE. (a) This section applies only to

counties with a population of 500,000 or more.

(b) The district judges in the county may, by a majority vote at

a meeting of which each judge has notice, apply to all juvenile

and probation officers appointed under Title 82, Revised

Statutes, all court reporters, and the county auditor and all the

auditor's assistants in the county the rules that:

(1) are adopted by the commissioners court in the county for

other county and district employees; and

(2) relate to hours of work; vacations; holidays; sick leave;

deductions for absences; retirement; medical care;

hospitalization; and compensation, accident, hospital, and

disability insurance.

(c) The district judges must uniformly apply the rules as far as

practicable.

(d) If the district judges do not exercise their authority under

Subsection (b):

(1) the juvenile board of the county may, to the extent the

board determines, apply the rules to the juvenile and probation

officers;

(2) the district judges may, to the extent the judges determine

by vote of a majority present, apply the rules to the court

reporters; and

(3) the county auditor may, to the extent the auditor determines

and with the approval of a majority of the district judges, apply

the rules to the county auditor and the auditor's assistants.

(e) A decision of the district judges under Subsection (d)(2),

must be evidenced by an order entered in the minutes of each

judge's court. A certified copy of the order must be given to the

commissioners court of the county.

(f) If a juvenile or probation officer, a county auditor, or an

assistant to the auditor is jointly employed by two or more

subdivisions of government, the rules that are applied to that

person may be changed accordingly. To achieve uniform application

of the rules, the person may be considered to be employed and

paid by only one subdivision, but the expenses of administration

and contributions may be prorated to the different employing

subdivisions.

(g) This section does not affect any other law that applies to

the time, method, and manner of appointment or discharge of a

juvenile or probation officer, a court reporter, or the county

auditor or an assistant to the auditor or that applies to the

number or salaries of those persons.

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

Renumbered from Sec. 157.062 by Acts 1989, 71st Leg., ch. 1, Sec.

37(a), eff. Aug. 28, 1989.

Sec. 157.903. AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED

COUNTY OFFICERS. The commissioners court of a county by order

may provide for the indemnification of an elected or appointed

county officer against personal liability for the loss of county

funds, or loss of or damage to personal property, incurred by the

officer in the performance of official duties if the loss was not

the result of the officer's negligence or criminal action.

Added by Acts 1989, 71st Leg., ch. 253, Sec. 1, eff. Aug. 28,

1989.

Sec. 157.904. PERSONNEL RECORDS OF CERTAIN SHERIFF'S

DEPARTMENTS. (a) This section applies only to a sheriff's

department in a county with a population of 3.3 million or more.

(b) In this section, "employee record" means any letter,

memorandum, or document maintained by the department that relates

to a department employee.

(c) The sheriff or the sheriff's designee shall maintain a

permanent personnel file on each department employee. An

employee's permanent personnel file must contain any employee

record relating to:

(1) a commendation, congratulation, or honor bestowed on the

employee by a member of the public or by the department for an

action, duty, or activity that relates to the employee's official

duties;

(2) any misconduct by the employee if the employee record is

made by the department and if the misconduct resulted in

disciplinary action by the department; and

(3) the periodic evaluation of the employee by a supervisor.

(d) An employee record relating to alleged misconduct by an

employee may not be placed in the employee's permanent personnel

file if the department determines that there is insufficient

evidence to sustain the charge of misconduct.

(e) An employee record relating to disciplinary action taken

against an employee or to alleged misconduct by the employee that

is placed in the employee's permanent personnel file shall be

removed from the file if a court or an administrative body of

competent jurisdiction, including the sheriff's department civil

service commission, determines that:

(1) the disciplinary action was taken without just cause; or

(2) the charge of misconduct was not supported by sufficient

evidence.

(f) If a negative record of employee misconduct or other

notation of negative impact is included in an employee's

permanent personnel file, the sheriff or the sheriff's designee,

not later than the 30th day after the date the record is

included, shall notify the affected employee that the record has

been included in the file. The employee may, not later than the

15th day after the date of receipt of the notification, file a

written response to the negative employee record. The sheriff or

the sheriff's designee shall place the response in the employee's

permanent personnel file with the negative record.

(g) An employee is entitled, on request, to a copy of any

employee record placed in the employee's permanent personnel

file. The department may charge the employee a reasonable fee not

to exceed actual cost for copies provided under this subsection.

(h) The sheriff or the sheriff's designee may not release an

employee record or other information contained in an employee's

permanent personnel file without first obtaining the employee's

written permission, unless the release of the record or

information is required by law.

Added by Acts 1991, 72nd Leg., ch. 875, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 69, eff.

Sept. 1, 2001.

Sec. 157.906. PAYMENT FOR APPEARANCES OF PEACE OFFICERS EMPLOYED

BY COUNTY IN COURT OR ADMINISTRATIVE PROCEEDINGS. (a) A county

shall pay a peace officer employed by the county for an

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

administrative proceeding in which the county 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 peace officer in the capacity of a peace

officer.

(b) Payment under this section is at the peace 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.

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

412, Sec. 3, eff. June 19, 2009.