CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE C. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES OF

MORE THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND

EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL

GOVERNMENTS

Sec. 180.001. COERCION OF POLICE OFFICER OR FIRE FIGHTER IN

CONNECTION WITH POLITICAL CAMPAIGN. (a) An individual commits

an offense if the individual coerces a police officer or a fire

fighter to participate or to refrain from participating in a

political campaign.

(b) An offense under this section is a misdemeanor and is

punishable by a fine of not less than $500 or more than $2,000,

confinement in the county jail for not more than two years, or

both a fine and confinement.

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

Sec. 180.002. DEFENSE OF CIVIL SUITS AGAINST PEACE OFFICERS,

FIRE FIGHTERS, AND EMERGENCY MEDICAL PERSONNEL. (a) In this

section, "peace officer" has the meaning assigned by Article

2.12, Code of Criminal Procedure.

(b) A municipality or special purpose district shall provide a

municipal or district employee who is a peace officer, fire

fighter, or emergency medical services employee with legal

counsel without cost to the employee to defend the employee

against a suit for damages by a party other than a governmental

entity if:

(1) legal counsel is requested by the employee; and

(2) the suit involves an official act of the employee within the

scope of the employee's authority.

(c) To defend the employee against the suit, the municipality or

special purpose district may provide counsel already employed by

it or may employ private counsel.

(d) If the municipality or special purpose district fails to

provide counsel as required by Subsection (b), the employee may

recover from it the reasonable attorney's fees incurred in

defending the suit if the trier of fact finds:

(1) that the fees were incurred in defending a suit covered by

Subsection (b); and

(2) that the employee is without fault or that the employee

acted with a reasonable good faith belief that the employee's

actions were proper.

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

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 42(a), eff. Aug. 28,

1989.

Sec. 180.003. MAXIMUM DUTY HOURS OF PEACE OFFICERS. (a) In a

county with a population of 239,000 to 242,000, a sheriff,

deputy, constable, or other peace officer of the county or a

municipality located in the county may not be required to be on

duty more than 48 hours a week unless the peace officer is called

on by a superior officer to serve during an emergency as

determined by the superior officer.

(b) Hours of duty over 48 hours a week, compiled by a peace

officer under Subsection (a), may be treated as overtime and may

be deducted from future required hours of duty if:

(1) the overtime is used within one year after it is compiled;

and

(2) the peace officer obtains the permission of the superior

officer.

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

Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 93, eff. Sept. 1,

1991; Acts 2001, 77th Leg., ch. 669, Sec. 72, eff. Sept. 1, 2001.

Sec. 180.004. WORKING CONDITIONS FOR PREGNANT EMPLOYEES. (a)

In this section, "office" means a municipal or county office,

department, division, program, commission, bureau, board,

committee, or similar entity.

(b) A municipality or a county shall make a reasonable effort to

accommodate an employee of the municipality or county who is

determined by a physician to be partially physically restricted

by a pregnancy.

(c) If the physician of a municipal or county employee certifies

that the employee is unable to perform the duties of the

employee's permanent work assignment as a result of the

employee's pregnancy and if a temporary work assignment that the

employee may perform is available in the same office, the office

supervisor who is responsible for personnel decisions shall

assign the employee to the temporary work assignment.

Added by Acts 2001, 77th Leg., ch. 533, Sec. 1, eff. Sept. 1,

2001.

Sec. 180.005. APPOINTMENTS TO LOCAL GOVERNING BODIES. (a) In

this section, "local government" means a county, municipality, or

other political subdivision of this state.

(b) An appointment to the governing body of a local government

shall be made as required by the law applicable to that local

government and may be made with the intent to ensure that the

governing body is representative of the constituency served by

the governing body.

(c) A local government that chooses to implement Subsection (b)

shall adopt procedures for the implementation.

Added by Acts 2003, 78th Leg., ch. 301, Sec. 8, eff. Sept. 1,

2003.

Sec. 180.006. SOVEREIGN OR GOVERNMENTAL IMMUNITY WAIVED FOR

CERTAIN CLAIMS. (a) This section applies only to a firefighter

or police officer covered by:

(1) Chapter 141, 142, or 143 or this chapter;

(2) a municipal charter provision conferring civil service

benefits of a municipality that has not adopted Chapter 143; or

(3) a municipal ordinance enacted under Chapter 142 or 143.

(b) A firefighter or police officer described by Subsection (a)

who alleges the employing municipality's denial of monetary

benefits associated with the recovery of back pay authorized

under a provision listed in Subsection (a) or a firefighter

described by Subsection (a) who alleges the denial of monetary

civil penalties associated with recovery of back pay owed under

Section 143.134(h) may seek judicial review of such denial only

as provided in Subsections (e) and (f), provided that if there is

no applicable grievance, administrative or contractual appeal

procedure available under Subsection (e), the firefighter or

police officer may file suit against the employing municipality

directly in district court under the preponderance of the

evidence standard of review.

(c) Sovereign and governmental immunity of the employing

municipality from suit and liability is waived only to the extent

of liability for the monetary benefits or monetary civil

penalties described by Subsection (b). This section does not

waive sovereign or governmental immunity from suit or liability

for any other claim, including a claim involving negligence, an

intentional tort, or a contract unless otherwise provided by the

statute.

(d) This section does not:

(1) grant immunity from suit to a local governmental entity;

(2) waive a defense or a limitation on damages, attorney's fees,

or costs available to a party to a suit under this chapter or

another statute, including a statute listed in Subsection (a)(1);

or

(3) modify an agreement under Chapter 142, 143, or 174.

(e) Before seeking judicial review as provided by Subsection

(b), a firefighter or police officer must initiate action

pursuant to any applicable grievance or administrative appeal

procedures prescribed by state statute or agreement and must

exhaust the grievance or administrative appeal procedure.

(f) If judicial review is authorized under statute, judicial

review of the grievance or administrative appeal decision is

under the substantial evidence rule, unless a different standard

of review is provided by the provision establishing the grievance

or administrative appeal procedure.

(g) This section does not apply to an action asserting a right

or claim based wholly or partly, or directly or indirectly, on a

referendum election held before January 1, 1980, or an ordinance

or resolution implementing the referendum.

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

1200, Sec. 1, eff. June 15, 2007.