Texas Firefighter Polygraph Regulations

Civil Service Status of Emergency Medical Services Personnel

• This subchapter applies to municipalities with a population of 460,000 or more, operating under a city manager form of government, and employing emergency medical services personnel in a municipal department other than the fire department.
• The term "emergency medical services personnel" applies to individuals certified under Chapter 773, Health and Safety Code.

Election to Adopt or Repeal Subchapter

• A municipality may hold an election to adopt or repeal this subchapter.
• The election must be held on the first authorized uniform election date prescribed by Chapter 41, Election Code.
• A petition for a subsequent election may not be filed for at least one year after the date of a previous election.
• To be valid, a petition for a subsequent election must contain the signatures of a number of registered voters equal to at least 20% of the number of voters who voted in the most recent municipal general election.

Status of Employees if Subchapter Adopted

• If a municipality adopts this subchapter, employees who were employed for more than six months as emergency medical services personnel at the time of adoption have the status of a civil service employee and are not required to take a competitive examination to remain in their position.
• The governing body of the municipality shall classify the personnel in accordance with Section 143.021 and the duties performed by the personnel.

Polygraph Examinations

• A fire fighter employed by the municipality may not be required to submit to a polygraph examination as part of an internal investigation regarding the conduct of the fire fighter unless:
  • The complainant submits to and passes a polygraph examination.
  • The fire fighter is ordered to take an examination under Subsection (f).
• The results of a polygraph examination are not admissible in a proceeding before the commission or a hearing examiner.

Recognition of Police Employee Group

• A public employer may recognize a police employee group as the sole and exclusive bargaining agent for all police officers in the municipality, excluding the department head and assistant department heads.
• The police employee group must submit a petition signed by 40% of the number of police officers in the municipality who voted in the last election held under Section 143.360 before the petition is submitted.
• The petition must be submitted to the municipal secretary not later than the 60th day after the first date on which a police officer signs the petition.

Enforceability of Agreement

• A written agreement made between a public employer and a bargaining agent is enforceable and binding on the public employer, the bargaining agent, police employee groups, and police officers covered by the agreement.
• The agreement is ratified by the municipality's governing body and the police employee group.
• A state district court has full authority and jurisdiction to enforce the agreement.

Election to Ratify Agreement

• The bargaining agent shall call an election to ratify any agreement reached with the public employer.
• All police officers of the municipality, excluding the department head and assistant department heads, are eligible to vote in the election.
• A majority of all votes cast is required to ratify an agreement.

Agreement Supersedes Conflicting Provisions

• A written agreement ratified under this subchapter between a public employer and the bargaining agent supersedes a previous statute concerning wages, salaries, rates of pay, hours of work, and other terms of employment.
• The agreement preempts all contrary local ordinances, executive orders, legislation, or rules adopted by the state or a political subdivision or agent of the state.

Repeal of Agreement by Electorate

• 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 of registered voters equal to 10% of the votes cast at the most recent mayoral general election in the municipality may be presented to the municipal secretary calling an election for the repeal of the agreement.
• If a majority of the votes are cast in favor of the repeal of the adoption of the agreement, the agreement becomes void.

Local Control of Police Officer Employment Matters

• This subchapter applies only to a municipality with a population of 1.5 million or more.
• The municipality has local control over the wages, salaries, rates of pay, hours of work, and other terms of employment of police officers.
• The public employer and the bargaining agent may come to a mutual agreement on any of the terms of employment.
• If an agreement is not reached, the state laws, local ordinances, and civil service rules remain unaffected.

Test your knowledge on the regulations related to polygraph examinations for firefighters in Texas, as specified in Section 143.313. Explore the conditions under which a firefighter can be required to take a polygraph exam during internal investigations.