CHAPTER 141. COMPENSATION AND EXPENSES OF MUNICIPAL OFFICERS AND EMPLOYEES
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES
CHAPTER 141. COMPENSATION AND EXPENSES OF MUNICIPAL OFFICERS AND
EMPLOYEES
SUBCHAPTER A. COMPENSATION, EXPENSES, AND PAYROLL DEDUCTIONS
Sec. 141.001. ELECTED AND APPOINTED OFFICERS IN TYPE A
GENERAL-LAW MUNICIPALITIES. (a) On or before January 1
preceding a regular municipal election, the governing body of a
Type A general-law municipality shall set:
(1) the salary and any fees of office of the mayor to be elected
at that election, if the office of mayor is to be filled at the
election;
(2) the compensation of each other elected officer to be elected
at that election; and
(3) the compensation of each officer appointed by the governing
body.
(b) An officer's compensation set under this section may not be
changed during the term for which the officer is elected or
appointed.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.002. APPOINTED OFFICERS IN TYPE B GENERAL-LAW
MUNICIPALITIES. The governing body of a Type B general-law
municipality may set the amount of compensation of officers
appointed by the governing body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.003. GOVERNING BODY IN TYPE C GENERAL-LAW
MUNICIPALITIES. (a) In a Type C general-law municipality, the
mayor and each member of the governing body are entitled to
receive $5 a day for each regular meeting and $3 a day for each
special meeting of the governing body.
(b) The mayor or a member of the governing body may not be paid
for more than five special meetings in a single month.
(c) In a municipality with a population of 2,000 or more, in
lieu of per diem compensation under Subsection (a), the governing
body may set the salary of the mayor and each member of the
governing body. The amount of salary set for the mayor may not
exceed $1,200 a year and the amount of salary set for each member
of the governing body may not exceed $600 a year.
(d) In a municipality with a population of less than 2,000, in
lieu of per diem compensation under Subsection (a), the governing
body may set the mayor's salary at an amount not to exceed $600 a
year.
(e) The governing body may set the amount of salary or other
compensation to be paid to the municipal clerk, the municipal
attorney, the members of the police force, and other officers
appointed by the governing body.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.004. OFFICERS IN HOME-RULE MUNICIPALITIES. The
governing body of a home-rule municipality may set the amount of
compensation for each officer of the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.005. ELECTED OFFICERS IN POPULOUS MUNICIPALITIES. (a)
In a municipality with a population of 1.9 million or more, the
governing body may set the amount of salary and expenses to be
paid to elected officers by ordinance adopted in accordance with
this section.
(b) The salary of a state district court judge of the county in
which the municipality is located is the comparative salary for
the ordinance. In the ordinance:
(1) the salary of the municipal comptroller may not exceed the
comparative salary;
(2) the salary of a member of the governing body may not exceed
40 percent of the comparative salary; and
(3) the salary of the mayor may not exceed 150 percent of the
comparative salary.
(c) The governing body shall publish notice of the proposed
ordinance in a newspaper of general circulation in the
municipality for two consecutive weeks immediately preceding the
week in which the meeting is to be held at which the proposed
ordinance is to be considered. The notice must include:
(1) a general description of the proposed ordinance;
(2) a statement that a public hearing will be held before the
ordinance is adopted;
(3) a statement of the time and place of the public hearing; and
(4) a statement that any interested person may appear and
testify at the hearing.
(d) The governing body must hold a public hearing before
considering the adoption of the proposed ordinance. The ordinance
must be approved by a majority vote of the membership of the
governing body.
(e) A certified copy of an ordinance adopted under this section
must be filed with the municipal secretary within 10 days after
the date the ordinance is enacted. The ordinance takes effect on
the first day of the next term of office for the officer to whom
the ordinance applies, unless the ordinance prescribes a later
effective date.
(f) The governing body may submit an ordinance proposed under
this section to the voters for their approval in the same manner
that charter amendments are submitted under Chapter 9. When an
election is held under this subsection, another election on the
same proposition may not be called until two years have elapsed
after the date of the election.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 59, 60, eff. Sept.
1, 2001.
Sec. 141.006. POLICE OFFICERS IN TYPE A GENERAL-LAW
MUNICIPALITY. The governing body of a Type A general-law
municipality shall set the compensation, including any fees of
office, for the municipal police officers and watchmen.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.007. POLICE RESERVE FORCE. The governing body of a
municipality may provide for the uniform compensation of members
of the municipal police reserve force. If a member of the reserve
force is compensated, the compensation must be based only on the
time served by the member in training for, or in the performance
of, official duties. Members of the reserve force may serve
without compensation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.008. PAYROLL DEDUCTIONS IN CERTAIN MUNICIPALITIES. (a)
The governing body of a municipality with a population of more
than 10,000 may deduct from a municipal employee's monthly salary
or wages an amount requested in writing by the employee in
payment of membership dues to a bona fide employees' association
named by the employee.
(a-1) The governing body shall make the payroll deduction
described by Subsection (a) if requested in writing by employees
who are fire protection personnel as defined by Section 419.021,
Government Code, if the municipality receives revenue from the
state, and if the municipality permits deductions for purposes
other than charity, health insurance, taxes, or other purposes
for which the municipality is required by law to permit a
deduction.
(a-2) The governing body shall make the payroll deduction
described by Subsection (a) if:
(1) requested in writing by employees who:
(A) are peace officers as defined by Article 2.12, Code of
Criminal Procedure; and
(B) are not members of a police department covered by a
collective bargaining agreement or meet-and-confer agreement
entered into under this code; and
(2) the municipality permits deductions for purposes other than
charity, health insurance, taxes, or other purposes for which the
municipality is required by law to permit a deduction.
(b) Participation in the payroll deduction program by a
municipal employee who is on active full-time duty is voluntary.
(c) An employee's written request must:
(1) be set out in a form prescribed and provided by the
municipal treasurer or comptroller;
(2) state the amount to be deducted each month; and
(3) direct the municipal treasurer or comptroller to transfer
the deducted funds to the designated employees' association.
(d) The amount deducted each month may not exceed the amount
stated in the written request. However, the governing body of a
municipality having a program under this section may impose and
collect an administrative fee from each participating employee in
addition to the membership dues that are withheld. The fee must
be a reasonable amount to reimburse the municipality for the
administrative costs of collecting, accounting for, and
disbursing the membership dues.
(e) A request under this section remains in effect until the
municipal treasurer or comptroller receives a written notice of
revocation in a form prescribed and provided by the treasurer or
comptroller and filed by the employee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 76A, eff. June
20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
813, Sec. 1, eff. September 1, 2005.
Sec. 141.009. DEFINITIONS. (a) In this chapter, "member of the
fire department" means an employee of the fire department who is
defined as "fire protection personnel" by Section 419.021,
Government Code.
(b) In this chapter, "member of the police department" means an
employee of the police department who has been licensed as a
peace officer by the Commission on Law Enforcement Officer
Standards and Education.
Added by Acts 1989, 71st Leg., ch. 92, Sec. 1, eff. Aug. 28,
1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.1031,
eff. Sept. 1, 2001.
Sec. 141.010. MUNICIPAL EMPLOYEES IN TYPE A AND B GENERAL-LAW
MUNICIPALITIES. To the extent consistent with Subchapter B of
this chapter and Chapters 142 and 143, the governing body of a
Type A or B general-law municipality may consider longevity and
cost of living in setting the salary of a municipal employee.
Added by Acts 2009, 81st Leg., R.S., Ch.
922, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. COMPENSATION OF MEMBERS OF FIRE AND POLICE
DEPARTMENTS IN CERTAIN MUNICIPALITIES
Sec. 141.031. BASE SALARY. (a) In a municipality with a
population of 10,000 to 40,000, each member of the fire or police
department is entitled to receive a salary of at least $165 a
month.
(b) In a municipality with a population of 40,001 to 100,000,
each member of the fire or police department is entitled to
receive a salary of at least $195 a month.
(c) In a municipality with a population of 100,001 to 175,000,
each member of the fire or police department is entitled to
receive a salary of at least $210 a month.
(d) In a municipality with a population of more than 175,000,
each member of the fire or police department is entitled to
receive a salary of at least $220 a month.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 402, Sec. 10, eff. Sept. 1,
2001.
Sec. 141.032. LONGEVITY PAY. In a municipality with a
population of 10,000 or more, each member of the fire or police
department is entitled to receive, in addition to all other money
paid for services rendered in the department, longevity pay of $4
a month for each year of service in the department, not to exceed
25 years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.033. CLASSIFICATION OF POSITIONS; SALARY SCHEDULE. (a)
Each municipality affected by this subchapter shall classify all
positions in its fire and police departments and shall specify
the duties and prescribe the salary for each classification.
(b) A member of the fire or police department who is required to
perform the duties of a particular classification is entitled to
be paid the salary prescribed for that position during the time
the member performs those duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.034. PETITION TO INCREASE SALARIES. (a) The qualified
voters of a municipality with a population of more than 10,000,
may petition the governing body of the municipality in accordance
with this section to increase the minimum salary of each member
of the fire or police department.
(b) A petition under this section must:
(1) state the amount of the proposed minimum salary for each
rank, pay grade, or classification;
(2) state the effective date of the proposed salary increase;
(3) designate five qualified voters to act as a committee of
petitioners authorized to negotiate with the governing body of
the municipality under Subsection (g); and
(4) be signed by a number of qualified voters equal to at least
25 percent of the voters who voted in the most recent municipal
election.
(c) When a petition is filed under this section, the governing
body shall:
(1) adopt the proposed minimum salary stated in the petition;
(2) offer an alternative minimum salary proposal under
Subsection (g); or
(3) call an election on the proposed minimum salary as provided
by this section.
(d) If the governing body chooses to call an election, the only
issue that may be submitted is whether the proposed minimum
salary should be adopted. The election shall be held on the first
authorized uniform election date under Chapter 41, Election Code,
that occurs after the 65th day after the date the petition was
filed.
(e) The ballot for the election shall be printed to provide for
voting for or against the proposition: "Adoption of the proposed
minimum salaries of _____________ applicable to _____________."
The proposed salary for each rank, pay grade, or classification,
the affected department, and effective date of the proposed
minimum salary as stated in the petition must be inserted in the
blank spaces.
(f) If a majority of the votes cast at the election favor the
adoption of the proposed minimum salary, the governing body of
the municipality shall cause the minimum salary to take effect
not later than the date specified in the petition as the
effective date.
(g) If the governing body chooses to offer an alternative
minimum salary proposal, the governing body shall confer with the
committee of petitioners designated in the petition and offer the
alternative salary proposal. If the committee accepts the
alternative salary proposal, the governing body is not required
to call an election.
(h) When an election has been held or an alternative salary
proposal has been accepted under this section, a petition for
another election under this section may not be filed until one
year has elapsed after the date the election was held or the
alternative salary proposal was accepted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 141.035. PENALTY. (a) A person who is a municipal
official in a municipality with a population of 10,000 or more
and who is in charge of the fire or police department or is
responsible for setting the compensation provided by this
subchapter commits an offense if the person violates this
subchapter.
(b) An offense under this section is punishable by a fine of not
less than $10 or more than $100.
(c) Each day on which the municipal official causes or permits a
violation of this subchapter to occur is a separate offense.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.