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Texas Local Government Code - Chapter 143 Municipal Civil Service For Firefighters And Police OfficersLegal Research Home > Texas Lawyer > Local Government Code > Texas Local Government Code - Chapter 143 Municipal Civil Service For Firefighters And Police Officers Text of section as added by Acts 2005, 79th Leg., ch. 129, § 1 (a) This section applies only to a fire department employee ... Text of section as added by Acts 2005, 79th Leg., ch. 869, § 1 (a) This section applies only to a fire department employee ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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. ... (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 ... (a) A person may not take an entrance examination for a beginning position in the fire or police department unless the person is at least ... (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 ... (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 commission may adopt rules to allow a police officer who voluntarily resigns from the department to be reappointed to the department without taking another ... (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 ... Text of Subsec. (a) as amended by Acts 2005, 79th Leg., ch. 909, § 1. (a) A person appointed to a beginning position in ... (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 ... (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 ... (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 ... (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 ... (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 ... (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, ... (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 ... (a) This section does not apply to a municipality that has adopted The Fire and Police Employee Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes). ... (a) When a vacancy occurs in a nonentry position that is not appointed by the department head as provided by Sections 143.014 and 143.102, the ... (a) When a person is certified and appointed to a position in the fire or police department, the director shall forward the appointed person's record ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) The department head may designate a person ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) Except as provided by Section 143.038, all ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) The governing body of a municipality may ... (a) In this section, "field training officer" means a member of the police department who is assigned to and performs the duties and responsibilities of ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) If each fire fighter or police officer ... (a) A permanent or temporary fire fighter or police officer is allowed sick leave with pay accumulated at the rate of 1-1/4 full working days ... (a) Each fire fighter or police officer is entitled to earn a minimum of 15 working days' vacation leave with pay in each year. (b) ... (a) The governing body of a municipality may authorize shift differential pay for fire fighters and police officers who work a shift in which more ... A commission rule prescribing cause for removal or suspension of a fire fighter or police officer is not valid unless it involves one or more ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) The head of the fire or police ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) If a suspended fire fighter or police ... (a) If the head of the fire or police department wants a fire fighter or police officer under his supervision or jurisdiction to be involuntarily ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) In this section, "uncompensated duty" means days ... (a) If a fire fighter or police officer is indicted for a felony or officially charged with the commission of a Class A or B ... (a) In addition to the other notice requirements prescribed by this chapter, the written notice for a promotional bypass or the letter of disciplinary action, ... (a) If a sufficient number of fire fighters or police officers are available to carry out the normal functions of the fire or police department, ... (a) On written application of a fire fighter or police officer, the commission shall grant the person a military leave of absence without pay, subject ... (a) A municipality shall provide to a fire fighter or police officer a leave of absence for an illness or injury related to the person's ... With the commission's approval and if otherwise qualified, a fire fighter or police officer who has been certified by a physician selected by a pension ... (a) A municipality shall maintain military leave time accounts for the fire and police departments and must maintain a separate military leave time account for ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) If a question arises as to whether ... (a) The commission may develop proper procedures and rules for semiannual efficiency reports and grades for each fire fighter or police officer. (b) If the ... (a) If a municipality is unable to recruit qualified fire fighters or police officers because of the maximum age limit prescribed by Section 143.023 and ... (a) Each fire fighter or police officer who, since December 31, 1969, has been continuously employed as a temporary employee under the provision codified as ... (a) If a municipality's governing body adopts an ordinance that vacates or abolishes a fire or police department position, the fire fighter or police officer ... (a) While in uniform or on active duty, a fire fighter or police officer may not take an active part in another person's political campaign ... (a) A fire fighter or police officer may not engage in a strike against the governmental agency that employs the fire fighter or police officer. ... (a) This section does not apply to a municipality with a population of 1.5 million or more. (b) A person commits an offense if the ... (a) The director or the director's designee shall maintain a personnel file on each fire fighter and police officer. The personnel file must contain any ... (a) Except as otherwise provided, this subchapter applies only to a municipality with a population of 1.5 million or more. (b) Except as otherwise provided, ... (a) The department shall provide to a fire fighter or police officer notice of the time and location of a meeting or hearing not later ... (a) An appeal by a fire fighter or police officer to the commission from an action for which an appeal or review is provided by ... (a) In addition to the other notice requirements prescribed by this chapter, the letter of disciplinary action issued to a fire fighter or police officer ... (a) If a fire fighter or police officer is indicted for a felony or officially charged with the commission of any other crime involving moral ... (a) While any matter subject to a hearing under this chapter is pending, a person may not, except in giving sworn testimony at the hearing ... (a) The head of the fire or police department may appoint a person to a command staff position at the rank of assistant chief as ... (a) A peace officer employed by a municipal department in which the peace officer performs duties in a specialized police division, including a person employed ... The commission shall adopt rules to standardize the procedures for entrance and promotional examinations. The rules must provide: (1) that each applicant have adequate space ... In addition to meeting the eligibility requirements prescribed by Section 143.023, to be certified as eligible for a beginning position with a police department, a ... In addition to meeting the eligibility requirements prescribed by Section 143.023, to be certified as eligible for a beginning position with a fire department a ... Notwithstanding any other requirement of this chapter, for any applicant for a beginning position in the police department who has previous experience as a police ... (a) Each promotional examination is open to each fire fighter who at any time has continuously held for at least two years a position in ... (a) Notwithstanding Subsection (b), Section 143.029, before the 90th day before the date a promotional examination in a fire department is held, the commission shall ... (a) Each eligible promotional candidate from the fire or police department who receives a grade of at least 70 points on a promotional examination is ... (a) In this section: (1) "Communications class" includes each person who performs the technical operation of police radio communications. (2) "Technical class" includes each person ... (a) The head of the fire department may transfer a fire fighter from one position to another position in the same classification in the fire ... (a) Except as provided by Subsection (c) and Section 143.111, all fire fighters or police officers in the same classification are entitled to the same ... (a) The department head may designate a person from the next lower classification to temporarily fill a position in a higher classification. The designated person ... (a) This section provides the exclusive procedure for determining whether a fire fighter or police officer is sufficiently physically or mentally fit to continue the ... (a) In this section: (1) "Accredited college or university" means a college or university that is: (A) accredited by a nationally recognized accrediting agency and ... (a) In this section: (1) "Bilingual personnel" means a member of the fire or police department who in the performance of the member's duties is ... (a) In this section: (1) "Bomb squad personnel" means a member of the police department who is assigned to the bomb squad and participates in ... (a) This section applies only to a municipality with a population of 1.1 million or more. (b) A fire fighter or police officer who leaves ... A fire fighter or police officer who leaves the classified service due to disability or the beneficiary of a fire fighter or police officer who ... (a) A fire fighter or police officer who leaves the classified service for any reason or the beneficiaries of a fire fighter or police officer ... (a) The head of the fire or police department may suspend a fire fighter or police officer under the department head's supervision or jurisdiction for ... (a) If a suspended fire fighter or police officer appeals a disciplinary suspension to the commission, the commission shall determine if just cause exists for ... (a) The head of the fire or police department may indefinitely suspend a fire fighter or police officer under the department head's supervision or jurisdiction ... (a) Except as provided by Section 143.1015(g), if a suspended fire fighter or police officer appeals an indefinite suspension to the commission, the commission shall ... Each appeal of an indefinite suspension to a district court shall be advanced on the district court docket and given a preference setting over all ... (a) The human resources director for the department promptly shall order that the records of a disciplinary action that was taken against a fire fighter ... (a) If the commission, a hearing examiner, or a district court orders that a fire fighter or police officer suspended without pay be reinstated, the ... (a) The department may use a supervisory intervention procedure or a policy and procedure inquiry to modify a police officer's behavior through: (1) positive encouragement; ... (a) In this section, "uncompensated duty" means days of work without pay in a fire or police department and does not include a regular or ... (a) In this section: (1) "Complainant" means a person claiming to be the victim of misconduct by a fire fighter or police officer. (2) "Investigation" ... (a) A fire fighter employed by the municipality may not be required to submit to a polygraph examination as part of an internal investigation regarding ... (a) This section applies only to a municipality with a population of 1.5 million or more. (b) A person who ends service with the police ... 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 ... (a) A fire fighter or police officer is entitled to legislative leave without pay to appear before or to petition a governmental body during a ... (a) A fire fighter or police officer may donate not more than one hour for each month of accumulated vacation or compensatory time to an ... (a) A fire fighter or police officer may file a grievance as provided by this subchapter. The fire fighter or police officer may file a ... (a) To begin a grievance action, a fire fighter or police officer must file a completed written step I grievance form with the person's department ... (a) To continue the grievance procedure, the fire fighter or police officer must complete a step II grievance form and file it with the department ... (a) To continue the grievance procedure, the fire fighter or police officer must complete a step III grievance form and file it with the director ... (a) If the department head or the fire fighter or police officer rejects the proposed solution under Section 143.130, the department head, the department head's ... (a) The commission shall appoint a grievance examiner by a majority vote. The commission may appoint more than one grievance examiner if necessary. The commission ... (a) If the aggrieved fire fighter's or police officer's immediate supervisor is the department head, the steps prescribed by Sections 143.128 and 143.129 are combined. ... (a) A fire fighter or police officer may represent himself or obtain a representative at any time during the grievance procedure. The municipality is not ... (a) In this section, "mediation" has the meaning assigned by Section 154.023, Civil Practice and Remedies Code. (b) The head of the police department may ... This subchapter applies only to a municipality with a population of 1.5 million or more, but does not apply to a municipality that has adopted ... In this subchapter: (1) "Fire fighters association" means an organization in which fire fighters participate and which exists for the purpose, in whole or in ... (a) A municipality may not be denied local control over the wages, salaries, rates of pay, hours of work, and other terms and conditions of ... (a) A fire fighters association submitting a petition signed by a majority of the paid fire fighters in the municipality, excluding the head of the ... All documents relating to an agreement between a fire fighters association and a public employer shall be available to the public pursuant to state statutes. ... (a) A written agreement made under this subchapter between a public employer and a fire fighters association recognized as the sole and exclusive bargaining agent ... (a) A written agreement under this subchapter between a public employer and the fire fighters association recognized as the sole and exclusive bargaining agent supersedes ... Within 45 days after an agreement is ratified and signed by both the municipality and the fire fighters association recognized as the sole and exclusive ... (a) For the purpose of any disciplinary appeal to either the civil service commission or a hearing examiner, all members of the bargaining unit shall ... This subchapter applies only to a municipality with a population of 460,000 or more that operates under a city manager form of government. This subchapter ... (a) The governing body of a municipality with a population less than 560,000 that has not recognized an association as the sole and exclusive bargaining ... In this subchapter: (1) "Association" means an organization in which fire fighters or police officers participate and that exists for the purpose, in whole or ... (a) A municipality may not be denied local control over wages, salaries, rates of pay, hours of work, other terms and conditions of employment, or ... (a) The public employer may recognize an association that submits a petition signed by a majority of the paid fire fighters or police officers in ... An agreement made under this subchapter is a public record for purposes of Chapter 552, Government Code. The agreement and any document prepared and used ... (a) A written agreement made under this subchapter between a public employer and an association is binding on the public employer, the association, and fire ... (a) An agreement under this subchapter supersedes a previous statute concerning wages, salaries, rates of pay, hours of work, or other terms and conditions of ... Not later than the 45th day after the date an agreement is ratified by both the municipality and the association, a petition signed by at ... (a) For the purpose of any disciplinary appeal to the civil service commission or to a hearing examiner, a member of the bargaining unit may ... A municipality may be required to submit to binding interest arbitration only if approved by a majority of those voting in a public referendum conducted ... Section 143.014(c) does not apply to a municipality to which this subchapter applies. Added by Acts 1995, 74th Leg., ch. 1003, § 1, eff. Aug. ... (a) This section does not apply to a municipality to which Section 143.123 applies. (b) In this section: (1) "Complainant" means a person claiming to ... (a) This section does not apply to a municipality to which Section 143.124 applies. (b) A fire fighter employed by the municipality may not be ... This subchapter applies only to a municipality with a population of 1.5 million or more but does not apply to a municipality that has adopted ... In this subchapter: (1) "Bargaining agent" means the police employee group selected under Section 143.354 to represent all police officers employed by the municipality, excluding ... (a) A municipality may not be denied local control over the wages, salaries, rates of pay, hours of work, and other terms of employment, or ... (a) The public employer in accordance with this section may recognize a police employee group as the sole and exclusive bargaining agent for all of ... All documents relating to an agreement between a bargaining agent and a public employer shall be available to the public in accordance with state statutes. ... (a) A written agreement made under this subchapter between a public employer and a bargaining agent is enforceable and binding on the public employer, the ... (a) The bargaining agent shall call an election to ratify any agreement reached with the public employer. (b) All police officers of the municipality, other ... (a) A written agreement ratified under this subchapter between a public employer and the bargaining agent supersedes a previous statute concerning wages, salaries, rates of ... Within 45 days after the date an agreement is ratified and signed by the municipality and the bargaining agent, a petition signed by a number ... (a) For the purpose of any disciplinary appeal to either the civil service commission or a hearing examiner, all police officers have the right to ... Texas Lawyers
Last modified: August 10, 2007 |