Local Government Code Chapter 143 PDF

LOCAL GOVERNMENT CODE TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS SUBCHAPTER A. GENERAL PROVISIONS Sec.A143.001.AAPURPOSE. (a) The purpose of this chapter is to s...

LOCAL GOVERNMENT CODE TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS SUBCHAPTER A. GENERAL PROVISIONS Sec.A143.001.AAPURPOSE. (a) The purpose of this chapter is to secure efficient fire and police departments composed of capable personnel who are free from political influence and who have permanent employment tenure as public servants. (b)AAThe members of the Fire Fighters ’ and Police Officers ’ Civil Service Commission shall administer this chapter in accordance with this purpose. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 143.002.AAMUNICIPALITIES COVERED BY CHAPTER. (a) This chapter applies only to a municipality: (1)AAthat: (A)AAhas a population of 10,000 or more; (B)AAhas a paid fire department or police department; and (C)AAhas voted to adopt this chapter or the law codified by this chapter; or (2)AAwhose election to adopt this chapter and whose acts subsequent to that election were validated by the law enacted by House Bill 822, Acts of the 73rd Legislature, Regular Session, 1993. (b)AAPopulation under Subsection (a)(1) is determined by the most recent: (1)AAfederal decennial census; or (2)AAannual population estimate provided by the state demographer under Chapter 468, Government Code, if that estimate is more recent than the most recent federal decennial census. (c)AAIf this chapter applies to a municipality as provided by Subsection (a), the application of this chapter to the municipality 1 is not affected if the municipality ’s population changes and the municipality no longer meets the population requirement of Subsection (a)(1). Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 576, Sec. 1, eff. Aug. 30, 1993. Amended by: Acts 2005, 79th Leg., Ch. 212 (H.B. 1913), Sec. 1, eff. May 27, 2005. Acts 2005, 79th Leg., Ch. 1163 (H.B. 3409), Sec. 1, eff. June 18, 2005. Sec.A143.003.AADEFINITIONS. In this chapter: (1)AA"Commission" means the Fire Fighters ’ and Police Officers ’ Civil Service Commission. (2)AA"Department head" means the chief or head of a fire or police department or that person ’s equivalent, regardless of the name or title used. (3)AA"Director" means the director of fire fighters ’ and police officers ’ civil service. (4)AA"Fire fighter" means a member of a fire department who was appointed in substantial compliance with this chapter or who is entitled to civil service status under Section 143.005 or 143.084.AAThe term: (A)AAapplies only to an employee of a fire department whose position requires substantial knowledge of fire fighting and who has met the requirements for certification by the Texas Commission on Fire Protection under Chapter 419, Government Code, including an employee who performs: (i)AAfire suppression; (ii)AAfire prevention; (iii)AAfire training; (iv)AAfire safety education; (v)AAfire maintenance; (vi)AAfire communications; (vii)AAfire medical emergency technology; (viii)AAfire photography; (ix)AAfire administration; or 2 (x)AAfire arson investigation; and (B)AAdoes not apply to a secretary, clerk, budget analyst, custodial engineer, or other administrative employee. (5)AA"Police officer" means a member of a police department or other peace officer who was appointed in substantial compliance with this chapter or who is entitled to civil service status under Section 143.005, 143.084, or 143.103. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 498, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 738 (H.B. 2640), Sec. 1, eff. September 1, 2005. Sec.A143.004.AAELECTION TO ADOPT OR REPEAL CHAPTER. (a) A municipality may hold an election to adopt or repeal this chapter as provided by this section. (b)AAIf the governing body of the municipality receives a petition requesting an election that is signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters who voted in the most recent municipal election, the governing body shall order an election submitting to the voters the question of whether this chapter should be adopted. The election must be held on the first authorized uniform election date prescribed by Chapter 41, Election Code, that occurs after the petition is filed and that allows sufficient time to comply with other requirements of law. (c)AAThe ballot shall be printed to provide for voting for or against the proposition: "Adoption police officers ’ civil service law." of the fire fighters ’ and However, this chapter may be adopted to apply only to the fire or police department, and in that case, the ballot shall be printed to reflect the department that would be covered by this chapter. If a majority of the votes received in the election are in favor of adoption of this chapter, the governing body shall implement this chapter. (d)AAIf an election is held under Subsection (b), a petition for a subsequent election to be held under that subsection may not be filed for at least one year after the date the previous election 3 was held. contain To be valid, a petition for a subsequent election must the signatures of a number of qualified voters of the municipality equal to at least 20 percent of the number of voters who voted in the most recent municipal election. Any subsequent election must be held at the next general municipal election that occurs after the petition is filed. (e)AAIf population the of governing less than body 950,000 of that a has municipality operated with under a this chapter for at least one year receives a petition requesting an election to repeal this chapter that is signed by at least 10 percent of the qualified voters of the municipality, the governing body shall order an election submitting to the voters the question on whether this chapter should be repealed. If a majority of the qualified voters vote to repeal this chapter, this chapter is void in that municipality. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2023, 88th Leg., R.S., Ch. 874 (H.B. 4227), Sec. 1, eff. September 1, 2023. Sec. 143.005.AASTATUS OF EMPLOYEES IF CHAPTER ADOPTED. (a) Each fire fighter or police officer serving in a municipality that adopts this chapter and who has been in the service of the municipality for more than six months at the time this chapter is adopted and who is entitled to civil service classification has the status of a civil service employee and is not required to take a competitive examination to remain in the position the person occupies at the time of the adoption. (b)AAIn a municipality that adopts this chapter, an employee of the fire department whose primary duties are to provide emergency medical services for the municipality is considered to be a fire fighter who is a member of the fire department performing fire medical emergency technology, entitled to civil service protection, and covered by this chapter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2005, 79th Leg., Ch. 1034 (H.B. 1126), Sec. 7, eff. 4 September 1, 2005. Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 129 (H.B. 263), Sec. 1 For text of section as added by Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 1, see other Sec. 143.0051. Sec. 143.0051.AASTATUS DEPARTMENTS. (a) OF EMPLOYEES IN CERTAIN FIRE This section applies only to a fire department employee employed by a municipality with a population of 220,000 or more.AAThis section does not apply to a fire department employee employed by a municipality: (1)AAthat has adopted Chapter 174; or (2)AAto which Subchapter H or I applies. (b)AANotwithstanding any other provision of this chapter, a previously non-classified fire department employee who serves in a position described by Section 143.003(4)(B), (D), (G), or (J) has the status of a civil service employee and is not required to take a competitive examination to remain in the employee ’s position if: (1)AAthe employee was appointed to that position on or before May 1, 2005, and was serving in that position on the date described by Subsection (c); and (2)AAthe amends the municipality ’s municipality ’s governing existing body by classification ordinance of fire department employees to include the employee ’s position as provided by Section 143.021. (c)AAThe civil service status of an employee to which Subsection (b) applies is effective on the date that the ordinance amending the municipality ’s classification system to include the employee ’s position takes effect. (d)AAA fire department employee who has civil service status under Subsection (b) may be promoted only: (1)AAby competitive examination in accordance with the competitive civil service procedures prescribed in this chapter; and (2)AAwithin the employee ’s existing division. (e)AAA fire department employee who has civil service status under Subsection (b) may not: 5 (1)AAsupervise personnel assigned to or fire evaluate classified suppression or civil service emergency medical operations; or (2)AAlaterally transfer to fire suppression or emergency medical operations. (f)AAIf a fire department employee who has civil service status under Subsection (b) leaves the employee ’s position for any reason, a person selected to fill that position must be selected in accordance with the competitive civil service procedures prescribed in this chapter. Added by Acts 2005, 79th Leg., Ch. 129 (H.B. 263), Sec. 1, eff. May 24, 2005. Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 869 (S.B. 1050), Sec. 1 For text of section as added by Acts 2005, 79th Leg., Ch. 129 (H.B. 263), Sec. 1, see other Sec. 143.0051. Sec. 143.0051.AASTATUS DEPARTMENTS. (a) OF EMPLOYEES IN CERTAIN FIRE This section applies only to a fire department employee employed by a municipality with a population of 150,000 or more and with a governing body of five or fewer members. (b)AANotwithstanding any other provision of this chapter, a previously nonclassified fire department employee who serves in a position described by Section 143.003(4)(B), (D), (G), or (J) has the status of a civil service employee and is not required to take a competitive examination to remain in the employee ’s position if: (1)AAthe employee was appointed to that position on or before May 1, 2005, and was serving in that position on the date described by Subsection (c); and (2)AAthe amends the municipality ’s municipality ’s governing existing body by classification ordinance of fire department employees to include the employee ’s position as provided by Section 143.021. (c)AAThe civil service status of an employee to which Subsection (b) applies is effective on the date that the ordinance amending the municipality ’s classification system to include the employee ’s position takes effect. 6 (d)AAA fire department employee who has civil service status under Subsection (b) may be promoted only: (1)AAby competitive examination in accordance with the competitive civil service procedures prescribed in this chapter; and (2)AAwithin the employee ’s existing division. (e)AAA fire department employee who has civil service status under Subsection (b) may not: (1)AAsupervise personnel assigned to or evaluate fire classified suppression or civil service emergency medical operations; or (2)AAlaterally transfer to fire suppression or emergency medical operations. (f)AAIf a fire department employee who has civil service status under Subsection (b) leaves the employee ’s position for any reason, a person selected to fill that position must be selected in accordance with the competitive civil service procedures prescribed in this chapter. Added by Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 1, eff. September 1, 2005. Sec. 143.0052.AAFEE FOR EMERGENCY MEDICAL SERVICES. (a)AAThis section applies only to a municipality that: (1)AAhas a population of more than 220,000 and less than 275,000; (2)AAis located in a county in which another municipality that has a population of more than one million is predominately located; and (3)AAwhose emergency medical services are administered by a fire department. (b)AABy resolution of its governing body, a municipality may establish a monthly services, including personnel.AAThis served by a fee fee for salary is municipal the and costs overtime applicable water of to account related each and emergency and may to every be medical medical customer collected in conjunction with the bill for water services. (c)AAA municipality acting under this section supersedes any 7 authority established under Chapter 286, Health and Safety Code. Added by Acts 2009, 81st Leg., R.S., Ch. 1415 (S.B. 1896), Sec. 1, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 69, eff. September 1, 2011. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 131, eff. September 1, 2023. Sec.A143.006.AAIMPLEMENTATION: COMMISSION. (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 municipality shall appoint the members of the commission adopted. within 60 days after the date this chapter is Within 30 days after the date the municipality ’s first full fiscal year begins after the date of the adoption election, the governing body of the municipality shall implement this chapter. (b)AAThe commission consists of three members appointed by the municipality ’s chief executive and confirmed by the governing body of the municipality. Members serve staggered three-year terms with the term of one member expiring each year. If a vacancy occurs or if an appointee fails to qualify within 10 days after the date of appointment, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. (c)AAA person appointed to the commission must: (1)AAbe of good moral character; (2)AAbe a United States citizen; (3)AAbe a resident of the municipality who has resided in the municipality for more than three years; (4)AAbe over 25 years of age; and (5)AAnot have held a public office within the preceding three years. Subsection (c-1)AANotwithstanding (c)(5), the municipality ’s chiefAAexecutive may reappoint a commission member to consecutive terms.AAA commission member may not be reappointed to more than a third consecutive 8 term unless the member ’s reappointment confirmed by to a a fourth two-thirds or subsequent majority of consecutive all the term members of is the municipality ’s governing body. (c-2)AASubsection (c)(5) does not prohibit the municipality ’s chief executive from appointing a former commission member to the commission if the only public office held by the former member within the preceding three years is membership on: (1)AAthe commission; or (2)AAthe service board for commission employees and municipality ’s the other than police civil officers and firefighters through a joint appointment to the commission and board. (c-3)AASubsections (c-1) and (c-2) do not apply to a municipality with a population of 1.5 million or more. (d)AAIn making initial appointments, the chief executive shall designate one member to serve a one-year term, one member to serve a two-year term, and one member to serve a three-year term. If a municipality has a civil service commission immediately before this chapter takes effect in that municipality, that civil service commission shall continue as the commission established by this section and shall administer the civil service system as prescribed by this chapter. existing As the terms of the members of the previously commission expire, the chief executive members as prescribed by this section. shall appoint If necessary to create staggered terms as prescribed by this section, the chief executive shall appoint the initial members, required to be appointed under this chapter, to serve terms of less than three years. (e)AAInitial vice-chairman qualified. members within 10 days shall after elect the a date chairman all and members a have Each January, the members shall elect a chairman and a vice-chairman. (f)AAThe governing body of the municipality shall provide to the commission adequate and suitable office space in which to conduct business. (g)AAThe chief executive of a municipality commits an offense if the chief executive knowingly or intentionally fails to appoint the initial members of the commission within the 60-day period 9 prescribed by Subsection (a). An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Each day after the 60-day period that the chief executive knowingly or intentionally fails to make a required appointment constitutes a separate offense. (h)AAThe chief executive of a municipality or a municipal official commits an offense if the person knowingly or intentionally refuses to implement this chapter or attempts to obstruct the enforcement of this chapter. An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $200. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2005, 79th Leg., Ch. 475 (H.B. 150), Sec. 1, eff. June 17, 2005. Sec.A143.007.AAREMOVAL OF COMMISSION MEMBER. meeting held for that purpose the (a) governing body If at a of the municipality finds that a commission member is guilty of misconduct in office, the governing body may remove the member. The member may request that the meeting be held as an open hearing in accordance with Chapter 551, Government Code. (b)AAIf a commission member is indicted or charged by information with a criminal offense involving moral turpitude, the member shall be automatically disposition of the charge. suspended from office until the Unless the member pleads guilty or is found to be guilty, the member shall resume office at the time of disposition of the charge. (c)AAThe governing body may appoint a substitute commission member during a period of suspension. If a member pleads guilty to or is found to be guilty of a criminal offense involving moral turpitude, commission the governing member to serve body the shall appoint remainder of a the replacement disqualified member ’s term of office. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1, 1995. 10 Sec.A143.008.AAADOPTION AND PUBLICATION OF RULES. (a) A commission shall adopt rules necessary for the proper conduct of commission business. (b)AAThe commission may not adopt a rule permitting the appointment or employment of a person who is: (1)AAwithout good moral character; (2)AAphysically or mentally unfit; to (3)AAincompetent discharge or the duties of the appointment or employment. (c)AAThe commission shall adopt rules that prescribe cause for removal or suspension of a fire fighter or police officer. rules must comply with the grounds for removal The prescribed by Section 143.051. (d)AAThe commission shall publish each rule it adopts and each classification and seniority list for the fire and police departments. The rules and lists shall be made available on demand. A rule is considered to be adopted and sufficiently published if the commission adopts the rule by majority vote and causes the rule to be written, typewritten, or printed. Publication in a newspaper is not required and the governing body of the municipality is not required to act on the rule. (e)AAA rule is not valid and binding on the commission until the commission: (1)AAmails a copy of the rule to the commissioner, if the municipality has an elected commissioner, and to department heads of the fire and police departments; (2)AAposts a copy of the rule for a seven-day period at a conspicuous place in the central fire and police stations; (3)AAmails a copy of the rule to each and branch fire station. (f)AAThe director shall keep copies of all rules for free distribution to members of the fire and police departments who request copies and for inspection by any interested person. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.009.AACOMMISSION (a) The commission or a INVESTIGATIONS commission 11 member AND INSPECTIONS. designated by the commission may investigate and report on all matters relating to the enforcement and effect of this chapter and any rules adopted under this chapter and shall determine if the chapter and rules are being obeyed. (b)AADuring an investigation, the commission or the commission member may: (1)AAadminister oaths; (2)AAissue witnesses and the subpoenas production of to compel books, accounts relating to the investigation; the papers, attendance documents, of and and (3)AAcause the deposition of witnesses residing inside or outside the state. (c)AAA deposition taken in connection with an investigation under this section must be taken in the manner prescribed by law for taking a similar deposition in a civil action in federal district court. (d)AAAn oath administered or a subpoena issued under this section has the same force and effect as an oath administered by a magistrate in the magistrate ’s judicial capacity. (e)AAA person who fails to respond to a subpoena issued under this section commits an offense punishable as prescribed by Section 143.016. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.010.AACOMMISSION APPEAL PROCEDURE. (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 which an appeal or review is provided by this chapter, the fire fighter or police officer need only file an appeal with the commission within 10 days after the date the action occurred. (b)AAThe appeal must include the basis for the appeal and a request for a commission hearing. The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements. (c)AAIn each hearing, appeal, or review of any kind in which 12 the commission performs an adjudicatory function, the affected fire fighter or police officer is entitled to be represented by counsel or a person the fire fighter or police officer chooses. Each commission proceeding shall be held in public. (d)AAThe commission may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and for the production of documentary material. (e)AAThe affected fire fighter or police officer may request the commission to subpoena any books, records, documents, papers, accounts, or witnesses that the fire fighter or police officer considers pertinent to the case. The fire fighter or police officer must make the request before the 10th day before the date the commission hearing will be held. If the commission does not subpoena the material, the commission shall, before the third day before the date the hearing will be held, make a written report to the fire fighter or police officer stating the reason it will not subpoena the requested material. This report shall be read into the public record of the commission hearing. (f)AAWitnesses may be placed under the rule at the commission hearing. (g)AAThe commission shall conduct the hearing fairly and impartially as prescribed by this chapter and shall render a just and fair decision. The commission may consider only the evidence submitted at the hearing. (h)AAThe commission shall maintain a public record of each proceeding with copies available at cost. (i)AAIn section, an population addition appeal of 1.5 to to the million the requirements commission or more in must a prescribed municipality meet the by this with a requirements prescribed by Section 143.1015. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 25(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1248, Sec. 48, eff. Sept. 1, 1989. Sec.A143.011.AADECISIONS AND RECORDS. (a) Each concurring commission member shall sign a decision issued by the commission. (b)AAThe commission shall keep records of each hearing or 13 case that comes before the commission. (c)AAEach rule, opinion, directive, decision, or order issued by the commission must be written and constitutes a public record that the commission shall retain on file. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.012.AADIRECTOR. (a) On adoption of this chapter, the office of Director of Fire Fighters ’ and Police Officers ’ Civil Service is established in the municipality. appoint the director. The commission shall The director shall serve as secretary to the commission and perform work incidental to the civil service system as required by the commission. The commission may remove the director at any time. (b)AAA person appointed as director must meet each requirement for appointment to the commission prescribed by Section 143.006(c), except that in a municipality with a population of less than 1.5 million, the person is not required to meet the local residency requirement. (c)AAA person appointed as director may be a commission member, a municipal employee, or some other person. (d)AAThe municipality ’s governing body shall determine the salary, if any, to be paid to the director. (e)AAIf, immediately before this chapter takes effect in a municipality, the municipality has a duly and legally constituted director of civil service, regardless of title, that director shall continue in office as the director established by this section and shall administer the civil service system as prescribed by this chapter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 355, Sec. 1, eff. Sept. 1, 1999. Sec.A143.013.AAAPPOINTMENT AND REMOVAL OF DEPARTMENT HEAD. (a) Unless elected, each department head is: (1)AAappointed by the municipality ’s chief executive and confirmed by the municipality ’s governing body; or (2)AAin a municipality having an elected fire or police commissioner, appointed by the fire or police commissioner in whose 14 department the vacancy exists and confirmed by the municipality ’s governing body. (b)AAA person appointed as head of a fire department must be eligible for Protection certification at the by the intermediate Texas level or Commission its on Fire equivalent as determined by that commission and must have served as a fully paid fire fighter for at least five years.AAA person appointed as head of a police department must be eligible for certification by the Texas Commission on Law Enforcement at the intermediate level or its equivalent as determined by that commission and must have served as a bona fide law enforcement officer for at least five years. (c)AAExcept as provided by Subsection (d), if a person is removed from the position of department head, the person shall be reinstated in the department and placed in a position with a rank not lower than that held by appointment as department head. the person immediately before The person retains all rights of seniority in the department. (d)AAIf a person serving as department head is charged with an offense in violation of civil service rules and is dismissed from the civil service or discharged from his position as department head, the person has the same rights and privileges of a hearing before the commission and in the same manner and under the same conditions as a classified employee. If the commission finds that the charges are untrue or unfounded, the person shall immediately be restored to the same classification that the person held before appointment as department head. The person has all the rights and privileges of the prior position according to seniority and shall be paid his full salary for the time of suspension. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.48, eff. May 18, 2013. Sec.A143.014.AAAPPOINTMENT AND REMOVAL OF PERSON CLASSIFIED IMMEDIATELY BELOW DEPARTMENT HEAD. (a) This section does not apply to a municipality with a population of 1.5 million or more. (b)AAIf approved by the governing body of the municipality by 15 resolution or ordinance, the head of a fire or police department in the municipality in which at least four classifications exist below the classification of department head may appoint each person occupying an authorized position in the classification immediately below that of department head, as prescribed by this section. The classification may immediately below that of department head include a person who has a different title but has the same pay grade. (c)AAIn a police department, the total number of persons appointed to the classification immediately below that of department head may not exceed the total number of persons, plus one, serving in that classification on January 1, 1983. In a fire department in a municipality having fewer than 300 certified fire fighters, the department head may appoint not more than one person to the classification immediately below that of department head. If a municipality has 300 to 600 certified fire fighters, department head may appoint two persons to the classification. municipality has more than 600 certified fire fighters, the If a the department head may appoint three persons to the classification. This subsection does not apply to a municipality that has adopted The Fire Vernon ’s and Police Texas Employee Civil Relations Statutes) Act unless (Article the 5154c-1, municipality specifically adopts the appointment procedure prescribed by this subsection through the collective bargaining process. (d)AAA person appointed to a position in the classification immediately below that of the head of the police department must: (1)AAbe employed by the municipality ’s police department as a sworn police officer; (2)AAhave at least two years ’ continuous service in that department as a sworn police officer; and (3)AAmeet the requirements for appointment as head of a police department prescribed by Section 143.013(b). (e)AAA person appointed to a position in the classification immediately below that of the head of the fire department must: (1)AAbe employed by the municipality ’s fire department; (2)AAhave a permanent classification in at least an officer level; and 16 (3)AAmeet the requirements for appointment as head of a fire department prescribed by Section 143.013(b). (f)AAThe department head shall make each appointment under this section within 90 days after the date a vacancy occurs in the position. (g)AAA person appointed under this section serves at the pleasure of the department head. position by department the and department placed A person who is removed from the head in the shall same be reinstated classification, equivalent, that the person held before appointment. in the or its The person retains all rights of seniority in the department. (h)AAIf a person appointed under this section is charged with an offense in violation of civil service rules and indefinitely suspended by the department head, the person has the same rights and privileges of a hearing before the commission in the same manner and under the same conditions commission, a hearing jurisdiction finds the as a classified examiner, charges to or be a employee. court untrue or of If the competent unfounded, the person shall immediately be restored to the same classification, or its equivalent, that the person held before appointment. The person has all the rights and privileges of the prior position according to seniority, and shall be repaid for any lost wages. (i)AAA position in person the serving under classification permanent immediately appointment below that in of a the department head on September 1, 1983, is not required to meet the requirements of this section or to be appointed or reappointed as a condition of tenure or continued employment. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.015.AAAPPEAL COURT. (a) OF COMMISSION DECISION TO DISTRICT If a fire fighter or police officer is dissatisfied with any commission decision, the fire fighter or police officer may file a petition in district court asking that the decision be set aside. The petition must be filed within 10 days after the date the final commission decision: (1)AAis sent to the fire fighter or police officer by certified mail; or 17 (2)AAis personally received by the fire fighter or police officer or by that person ’s designee. (b)AAAn appeal under this section is by trial de novo. The district court may grant the appropriate legal or equitable relief necessary to carry out the purposes of this chapter. The relief may include reinstatement or promotion with back pay if an order of suspension, dismissal, or demotion is set aside. (c)AAThe court may award reasonable attorney ’s fees to the prevailing party and assess court costs against the nonprevailing party. (d)AAIf the court finds for the fire fighter or police officer, the court shall order the municipality to pay lost wages to the fire fighter or police officer. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.016.AAPENALTY FOR VIOLATION OF CHAPTER. (a) A fire fighter or police officer commits an offense if the person violates this chapter. (b)AAAn offense under this section or Section 143.009 is a misdemeanor punishable by a fine of not less than $10 or more than $100, confinement in the county jail for not more than 30 days, or both fine and confinement. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. SUBCHAPTER B. CLASSIFICATION AND APPOINTMENT Sec.A143.021.AACLASSIFICATION; (a) EXAMINATION REQUIREMENT. 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. The governing body by ordinance shall prescribe the number of positions in each classification. (b)AAExcept for the department head and a person the department head appoints in accordance with Section 143.014 or 143.102, each fire fighter and police officer is classified as prescribed by this subchapter and has civil service protection. The failure of the governing body 18 to establish a position by ordinance does not result in the loss of civil service benefits by a person entitled to civil service protection or appointed to the position in substantial compliance with this chapter. (c)AAExcept 143.0251, as 143.102, classification or provided and a by Sections 143.1251, position or an 143.013, existing classification 143.014, position created in or the future either by name or by increase in salary may be filled only from an eligibility list that results from an examination held in accordance with this chapter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 64, Sec. 1, eff. Sept. 1, 1995. Sec.A143.022.AAPHYSICAL REQUIREMENTS AND EXAMINATIONS. (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 be the same for all applicants. (b)AAThe commission shall require each applicant for a beginning or a promotional position to take an appropriate physical examination. The commission may require each beginning position to take a mental examination. shall be administered by a physician, applicant for a The examination psychiatrist, psychologist, as appropriate, appointed by the commission. or The municipality shall pay for each examination. (c)AAIf an applicant is rejected by the physician, psychiatrist, or psychologist, as appropriate, the applicant may request another examination by a board of three physicians, psychiatrists, or psychologists, as appropriate, appointed by the commission. The applicant must pay for the board examination. The board ’s decision is final. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(b), eff. Aug. 28, 1989. Sec.A143.023.AAELIGIBILITY FOR BEGINNING POSITION. person may not take an entrance examination for a (a) A beginning position in the police department unless the person is at least 18 years of age.AAA person may not take an entrance examination for a 19 beginning position in the fire department unless the person is at least 18 years of age but not 36 years of age or older. (b)AAA person may not be certified as eligible for a beginning position in a fire department if the person is 36 years of age or older. (c)AARepealed by Acts 2023, 88th Leg., R.S., Ch. 418 (H.B. 1661), Sec. 1, eff. September 1, 2023. (d)AAAn applicant may not be certified as eligible for a beginning position with a fire department unless the applicant meets all legal requirements necessary to become eligible for future certification by the Commission on Fire Protection Personnel Standards and Education. (e)AAAn applicant may not be certified as eligible for a beginning position with a police department unless the applicant meets all legal requirements necessary to become eligible for future licensing by the Texas Commission on Law Enforcement. (f)AAEach police officer and fire fighter affected by this chapter must be able to read and write English. (g)AAIn addition to meeting the requirements prescribed by this section, an applicant for a beginning position in a police department in a municipality with a population of 1.5 million or more must meet the requirements prescribed by Section 143.105. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2005, 79th Leg., Ch. 380 (S.B. 1421), Sec. 1, eff. June 17, 2005. Acts 2009, 81st Leg., R.S., Ch. 273 (S.B. 461), Sec. 1, eff. May 30, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.49, eff. May 18, 2013. Acts 2023, 88th Leg., R.S., Ch. 418 (H.B. 1661), Sec. 1, eff. September 1, 2023. Sec.A143.024.AAENTRANCE EXAMINATION NOTICE. 10th day before the date an entrance (a) examination is Before the held, the commission shall cause a notice of the examination to be posted in plain view on a bulletin board located in the main lobby of the city 20 hall and in the commission ’s office. The notice must show the position to be filled or for which the examination is to be held, and the date, time, and place of the examination. (b)AAThe notice required by Subsection (a) must also state the period during which the eligibility list created as a result of the examination will be effective. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.025.AAENTRANCE EXAMINATIONS. (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. who makes a proper The examinations are open to each person application and meets the requirements prescribed by this chapter. (b)AAAn eligibility list for a beginning position in the fire or police department may be created only as a result of a competitive examination held in the presence of each applicant for the position, except as (l).AAThe examination knowledge and general aptitude education and provided must and be Subsections based must mental by on the inquire (e), person ’s into ability.AAA (d), the person and general applicant ’s may not be appointed to the fire or police department except as a result of the examination. (c)AAAn applicant may not take an examination unless at least one other applicant taking the examination is present. (d)AAExaminations for beginning positions in the fire department may be held at different locations if each applicant takes the same examination and is examined in the presence of other applicants. (e)AAThis subsection applies only in a municipality to which Subchapter J does not apply. An examination for beginning positions in the police department must be held at one or more locations in the municipality in which the police department is located and municipality. may be held at additional locations outside the An examination held at multiple locations must be administered on the same day and at the same time at each location at which it is given. Only one eligibility list for a police 21 department may be created from that examination, eligibility list may be in effect at a given time. and only one Each applicant who takes the examination for the eligibility list shall: (1)AAtake the same examination; and (2)AAbe examined in the presence of other applicants for that eligibility list. (f)AAAn additional five points shall be added to the examination grade of an applicant who served in the United States armed forces, received an honorable discharge, and made a passing grade on the examination. (g)AAAn applicant may not take the examination for a particular eligibility list more than once. (h)AAThe commission shall keep each eligibility list for a beginning position in effect for a period of not less than six months or more than 12 months, unless the names of all applicants on the list have been referred to the appropriate department. The commission The shall determine the length of the period. commission shall give new examinations at times the commission considers necessary to provide required staffing for scheduled fire or police training academies. (i)AAThe grade to be placed on the eligibility list for each applicant shall be computed by adding an applicant ’s points under Subsection (f), if any, to the applicant ’s grade on the written examination. Each applicant ’s grade on the written examination is based on a maximum grade of 100 percent and is determined entirely by the correctness of the applicant ’s answers to the questions. minimum passing grade on the examination is 70 percent. The An applicant must pass the examination to be placed on an eligibility list. (j)AANotwithstanding Subsection (i), each applicant who is either a natural-born or adopted child of a fire fighter who previously suffered a line-of-duty death while covered by this chapter shall be ranked at the top of any eligibility list in which said applicant receives a minimum passing grade on that respective eligibility exam.AAThe deceased fire fighter ’s applicant child must otherwise satisfy all of the requirements for eligibility for a beginning position in a fire 22 department contained in this chapter.AAThis commission shall promulgate rules to identify and verify applicant ’s each eligibility for applicability of this subsection. (k)AAThis section does not apply to a police department located in a municipality with a population of 1.5 million or more. (l)AAIn a municipality with a population of more than 1.4 million and less than 2 million, an examination for a beginning position in the fire department may include testing instruments to be used in addition to the written examination in the establishment of the initial eligibility list. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 756, Sec. 1, 2, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 628, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 380 (S.B. 1421), Sec. 2, eff. June 17, 2005. Acts 2007, 80th Leg., R.S., Ch. 27 (S.B. 339), Sec. 1, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 503 (H.B. 1488), Sec. 1, eff. June 17, 2011. Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 132, eff. September 1, 2023. Sec.A143.0251.AAREAPPOINTMENT commission may adopt rules to AFTER allow a RESIGNATION. The police who officer voluntarily resigns from the department to be reappointed to the department without taking another departmental entrance examination. Added by Acts 1995, 74th Leg., ch. 64, Sec. 2, eff. Sept. 1, 1995. Sec.A143.026.AAPROCEDURE (a) FOR FILLING BEGINNING POSITIONS. When a vacancy occurs in a beginning position in a fire or police department, the department head shall request in writing from the commission eligibility list. the names of suitable persons from the The director shall certify to the municipality ’s chief executive the names of the three persons having the highest 23 grades on the eligibility list. (b)AAFrom the three names certified, the chief executive shall appoint the person having the highest grade unless there is a valid reason why the person having the second or third highest grade should be appointed. (c)AAIf the chief executive does not appoint the person having the highest grade, the chief executive shall clearly set forth in writing the good and sufficient reason why the person having the highest grade was not appointed. (d)AAThe reason required by Subsection (c) shall be filed with the commission and a copy provided to the person having the highest grade. the third If the chief executive appoints the person having highest grade, a copy of the report shall also be furnished to the person having the second highest grade. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.027.AAPROBATIONARY PERIOD. (a)AAA person appointed to a beginning position in the fire or police department must serve a probationary period of one year beginning on that person ’s date of employment as a fire fighter, police officer, or academy trainee.AAIn a municipality with a population of less than 1.9 million, the commission by rule may extend the probationary period by not more than six months for a person who: (1)AAis collective not bargaining employed agreement by or a a department in meet-and-confer which a agreement currently exists or previously existed; and (2)AAis required to attend a basic training academy for initial certification by the Texas Commission on Fire Protection or the Texas Commission on Law Enforcement. (b)AADuring a fire fighter ’s or police officer ’s probationary period, the department head shall discharge the person and remove the person from the payroll if the person ’s appointment was not regular or was not made in accordance with this chapter or the commission rules. (c)AADuring a fire fighter ’s or police officer ’s probationary period, the person may not be prohibited from joining or required to join an employee organization. Joining or not joining an employee 24 organization is not a ground for retaining or not retaining a fire fighter or police officer serving a probationary period. (d)AAA fire fighter or police officer who was appointed in substantial compliance with this chapter and who serves the entire probationary period automatically becomes a full-fledged civil service employee and has full civil service protection. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2005, 79th Leg., Ch. 869 (S.B. 1050), Sec. 2, eff. Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 909 (H.B. 148), September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 11.001, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.50, eff. May 18, 2013. Sec.A143.028.AAELIGIBILITY FOR PROMOTION. (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 department in the next lower position or other positions specified by the commission for at least two years at any time before the date the promotional examination is held. A fire fighter is not eligible for promotion to the rank of captain or its equivalent unless the person has at least four years ’ actual service in that fire department. (b)AAExcept as provided by Sections 143.013 and 143.102, a police officer is not eligible for promotion unless the person has served in that police department in the next lower position or other positions specified by the commission for at least two years immediately before the date the promotional examination is held. A police officer is not eligible for promotion to the rank of captain or its equivalent unless the person has at least four years ’ actual service in that police department. (c)AAIf a person is recalled on active military duty for not more than 60 months, the two-year service requirements prescribed by Subsections (a) and (b) do not apply and the person is entitled 25 to have time spent on active military duty considered as duty in the respective fire or police department. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2005, 79th Leg., Ch. 833 (S.B. 863), Sec. 2, eff. June 17, 2005. Sec.A143.029.AAPROMOTIONAL EXAMINATION NOTICE. (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 the examination questions will be taken. (b)AABefore the 30th day before the date a promotional examination is held, the commission shall post a notice of the examination in plain view on a bulletin board located in the main lobby of the city hall and in the commission ’s office. The notice must show the position to be filled or for which the examination is to be held, and the date, time, and place of the examination. The commission shall also furnish sufficient copies of the notice for posting in the stations or subdepartments in which the position will be filled. (c)AAThe notice required by Subsection (b) may also include the name of each source used for the examination, the number of questions taken from each source, and the chapter used in each source. (d)AAIn addition to the notice prescribed by this section, a municipality with a population of 1.5 million or more must post the notice prescribed by Section 143.107. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.030.AAELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL EXAMINATION. (a) This section does not apply to a municipality with a population of 1.5 million or more. (b)AAEach promotional examination is open to each fire fighter who at any time has continuously held for at least two years a position in the classification that is immediately below, in salary, the classification for which the examination is to be held. (c)AAIf the department has adopted a classification plan that 26 classifies positions on the basis of similarity in duties and responsibilities, each promotional examination is open to each fire fighter who has continuously held for at least two years a position at the next lower pay grade, if it exists, in the classification for which the examination is to be held. (d)AAIf there are not enough fire fighters in the next lower position with two years ’ service in that position to provide an adequate number of persons to take the examination, the commission may open the examination to persons in that position with less than two years ’ service. If there is still an insufficient number, the commission may open the examination to persons with at least two years ’ experience in the second lower position, in salary, to the position for which the examination is to be held. (e)AAIf a fire fighter had previously terminated the fire fighter ’s employment with the department and is subsequently reemployed by the same department, the fire fighter must again meet the two-year service requirement promotional examination. the two-year service for eligibility to take a In determining if a fire fighter has met requirement, a fire department may not consider service in another fire department. (f)AAThis section does not prohibit lateral crossover between classes. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.031.AAELIGIBILITY PROMOTIONAL EXAMINATION. (a) FOR POLICE DEPARTMENT Each promotional examination is open to each police officer who for at least two years immediately before the examination classification date that has continuously is immediately held a below, position in in salary, the the classification for which the examination is to be held. (b)AAIf the department has adopted a classification plan that classifies positions responsibilities, on each the basis promotional of similarity examination is in duties open to and each police officer who has continuously held for at least two years immediately before the examination date a position at the next lower pay grade, if it exists, in the classification for which the examination is to be held. 27 (c)AAIf there are not sufficient police officers in the next lower position with two years ’ service in that position to provide an adequate number of persons to take the examination, the commission shall open the examination to persons in that position with less than years ’ two service. If there is still an insufficient number, the commission may open the examination to persons in the second lower position, in salary, to the position for which the examination is to be held. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A143.032.AAPROMOTIONAL EXAMINATION PROCEDURE. (a) The commission shall adopt rules governing promotions and shall hold promotional examinations classification different in the procedure to fire is provide and adopted eligibility police under lists departments. an alternate for each Unless a promotional system as provided by Section 143.035, the examinations shall be held substantially as prescribed by this section. (b)(1)AAEach eligible promotional candidate shall be given an identical examination in the presence of the other eligible promotional candidates, except that an eligible promotional candidate who is serving on active military duty outside of this state or in a location that is not within reasonable geographic proximity to the location where the examination is being administered is entitled to take the examination outside of the presence of and at a different time than the other candidates and may be allowed to take an examination that is not identical to the examination administered to the other candidates. (2)AAThe commission may adopt rules under Subsection (a) providing for the efficient administration of promotional examinations to eligible promotional candidates who are members of the armed forces serving on active military duty.AAIn adopting the rules, the commission shall ensure that the administration of the examination will not result in unnecessary interference with any ongoing military effort.AAThe rules shall require that: (A)AAat the discretion of the administering entity, an examination that is not identical to the examination administered to other eligible 28 promotional candidates may be administered to an eligible promotional candidate who is serving on active military duty; and (B)AAif a candidate serving on active military duty takes a promotional examination outside the presence of other candidates and passes the examination, the candidate ’s name shall be included in the eligibility list of names of promotional candidates who took and passed the examination nearest in time to the time at which the candidate on active military duty took the examination. (c)AAThe examination must be entirely in writing and may not in any part consist of an oral interview. (d)AAThe examination questions must test the knowledge of the eligible promotional candidates about information and facts and must be based on: (1)AAthe duties of the position for which the examination is held; (2)AAmaterial that is of reasonably current publication and that has been made reasonably available to each member of the fire or police department involved in the examination; and (3)AAany study course given by the departmental schools of instruction. (e)AAThe examination questions must be taken from the sources posted as prescribed by Section 143.029(a). Fire fighters or police officers may suggest source materials for the examinations. (f)AAThe examination questions must be prepared and composed so that the grading of the examination can be promptly completed immediately after the examination is over. (g)AAThe director is responsible for security of each promotional examination. the preparation and The fairness of the competitive promotional examination is the responsibility of the commission, the director, and each municipal employee involved in the preparation or administration of the examination. (h)AAA person commits an offense if the person knowingly or intentionally: (1)AAreveals a part of a promotional examination to an unauthorized person; or (2)AAreceives from an authorized or unauthorized person 29 a part of a promotional examination for unfair personal gain or advantage. (i)AAAn offense under Subsection (h) is a misdemeanor punishable by a fine of not less than $1,000, confinement in the county jail for not more than one year, or both the fine and the confinement. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(c), eff. Aug. 28, 1989. Amended by: Acts 2005, 79th Leg., Ch. 833 (S.B. 863), Sec. 1, eff. June 17, 2005. Sec.A143.033.AAPROMOTIONAL grading of each promotional EXAMINATION examination GRADES. shall (a) The when one begin eligible promotional candidate completes the examination. eligible promotional candidates finish the As the examination, the examinations shall be graded at the examination location and in the presence of any candidate who wants to remain during the grading. (b)AAEach police officer is entitled to receive one point for each year of seniority as a classified department, with a maximum of 10 points. police officer in that Each fire fighter is entitled to receive one point for each year of seniority in that department, with a maximum of 10 points. (c)AAUnless a different procedure is adopted under an alternate promotional system as provided by Section 143.035, the grade that must be placed on the eligibility list for each police officer or fire fighter shall be computed by adding the