CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS
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. 143.001. PURPOSE. (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) The 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. MUNICIPALITIES COVERED BY CHAPTER. (a) This
chapter applies only to a municipality:
(1) that:
(A) has a population of 10,000 or more;
(B) has a paid fire department or police department; and
(C) has voted to adopt this chapter or the law codified by this
chapter; or
(2) whose 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) Population under Subsection (a)(1) is determined by the most
recent:
(1) federal decennial census; or
(2) annual 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) If this chapter applies to a municipality as provided by
Subsection (a), the application of this chapter to the
municipality 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, Sec. 1, eff. May 27, 2005.
Acts 2005, 79th Leg., Ch.
1163, Sec. 1, eff. June 18, 2005.
Sec. 143.003. DEFINITIONS. In this chapter:
(1) "Commission" means the Fire Fighters' and Police Officers'
Civil Service Commission.
(2) "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) "Director" means the director of fire fighters' and police
officers' civil service.
(4) "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. The term:
(A) applies 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) fire suppression;
(ii) fire prevention;
(iii) fire training;
(iv) fire safety education;
(v) fire maintenance;
(vi) fire communications;
(vii) fire medical emergency technology;
(viii) fire photography;
(ix) fire administration; or
(x) fire arson investigation; and
(B) does not apply to a secretary, clerk, budget analyst,
custodial engineer, or other administrative employee.
(5) "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, Sec. 1, eff. September 1, 2005.
Sec. 143.004. ELECTION TO ADOPT OR REPEAL CHAPTER. (a) A
municipality may hold an election to adopt or repeal this chapter
as provided by this section.
(b) If 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) The ballot shall be printed to provide for voting for or
against the proposition: "Adoption of the fire fighters' and
police officers' civil service law." 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) If 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
was held. To be valid, a petition for a subsequent election must
contain 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) If the governing body of a municipality that has operated
under 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.
Sec. 143.005. STATUS 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) In 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, Sec. 7, eff. September 1, 2005.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch.
129, Sec. 1
For text of section as added by Acts 2005, 79th Leg., Ch.
869, Sec. 1, see other Sec. 143.0051.
Sec. 143.0051. STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.
(a) This section applies only to a fire department employee
employed by a municipality with a population of 220,000 or more.
This section does not apply to a fire department employee
employed by a municipality:
(1) that has adopted Chapter 174; or
(2) to which Subchapter H or I applies.
(b) Notwithstanding 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) the 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) the municipality's governing body by ordinance amends the
municipality's existing classification of fire department
employees to include the employee's position as provided by
Section 143.021.
(c) The 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) A fire department employee who has civil service status
under Subsection (b) may be promoted only:
(1) by competitive examination in accordance with the
competitive civil service procedures prescribed in this chapter;
and
(2) within the employee's existing division.
(e) A fire department employee who has civil service status
under Subsection (b) may not:
(1) supervise or evaluate classified civil service personnel
assigned to fire suppression or emergency medical operations; or
(2) laterally transfer to fire suppression or emergency medical
operations.
(f) If 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, Sec. 1, eff. May 24, 2005.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch.
869, Sec. 1
For text of section as added by Acts 2005, 79th Leg., Ch.
129, Sec. 1, see other Sec. 143.0051.
Sec. 143.0051. STATUS OF EMPLOYEES IN CERTAIN FIRE DEPARTMENTS.
(a) 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) Notwithstanding 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) the 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) the municipality's governing body by ordinance amends the
municipality's existing classification of fire department
employees to include the employee's position as provided by
Section 143.021.
(c) The 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) A fire department employee who has civil service status
under Subsection (b) may be promoted only:
(1) by competitive examination in accordance with the
competitive civil service procedures prescribed in this chapter;
and
(2) within the employee's existing division.
(e) A fire department employee who has civil service status
under Subsection (b) may not:
(1) supervise or evaluate classified civil service personnel
assigned to fire suppression or emergency medical operations; or
(2) laterally transfer to fire suppression or emergency medical
operations.
(f) If 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, Sec. 1, eff. September 1, 2005.
Sec. 143.0052. FEE FOR EMERGENCY MEDICAL SERVICES. (a) This
section applies only to a municipality that:
(1) has a population of more than 200,000 and less than 250,000;
(2) is located in a county in which another municipality that
has a population of more than one million is predominately
located; and
(3) whose emergency medical services are administered by a fire
department.
(b) By resolution of its governing body, a municipality may
establish a monthly fee for the costs of emergency medical
services, including salary and overtime related to medical
personnel. This fee is applicable to each and every customer
served by a municipal water account and may be collected in
conjunction with the bill for water services.
(c) A municipality acting under this section supersedes any
authority established under Chapter 286, Health and Safety Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1415, Sec. 1, eff. September 1, 2009.
Sec. 143.006. IMPLEMENTATION: 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 within 60 days after the date this chapter is adopted.
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) The 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) A person appointed to the commission must:
(1) be of good moral character;
(2) be a United States citizen;
(3) be a resident of the municipality who has resided in the
municipality for more than three years;
(4) be over 25 years of age; and
(5) not have held a public office within the preceding three
years.
(c-1) Notwithstanding Subsection (c)(5), the municipality's
chief executive may reappoint a commission member to consecutive
terms. A commission member may not be reappointed to more than a
third consecutive term unless the member's reappointment to a
fourth or subsequent consecutive term is confirmed by a
two-thirds majority of all the members of the municipality's
governing body.
(c-2) Subsection (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) the commission; or
(2) the commission and the municipality's civil service board
for employees other than police officers and firefighters through
a joint appointment to the commission and board.
(c-3) Subsections (c-1) and (c-2) do not apply to a municipality
with a population of 1.5 million or more.
(d) In 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. As the terms of the members of the
previously existing commission expire, the chief executive shall
appoint members as prescribed by this section. 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) Initial members shall elect a chairman and a vice-chairman
within 10 days after the date all members have qualified. Each
January, the members shall elect a chairman and a vice-chairman.
(f) The governing body of the municipality shall provide to the
commission adequate and suitable office space in which to conduct
business.
(g) The 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
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) The 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, Sec. 1, eff. June 17, 2005.
Sec. 143.007. REMOVAL OF COMMISSION MEMBER. (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 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) If a commission member is indicted or charged by information
with a criminal offense involving moral turpitude, the member
shall be automatically suspended from office until the
disposition of the charge. 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) The 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, the governing body shall appoint a replacement
commission member to serve the remainder of the 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.
Sec. 143.008. ADOPTION AND PUBLICATION OF RULES. (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 or employment of a person who is:
(1) without good moral character;
(2) physically or mentally unfit; or
(3) incompetent to discharge the duties of the appointment or
employment.
(c) The commission shall adopt rules that prescribe cause for
removal or suspension of a fire fighter or police officer. The
rules must comply with the grounds for removal prescribed by
Section 143.051.
(d) The 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) A rule is not valid and binding on the commission until the
commission:
(1) mails 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) posts a copy of the rule for a seven-day period at a
conspicuous place in the central fire and police stations; and
(3) mails a copy of the rule to each branch fire station.
(f) The 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. 143.009. COMMISSION INVESTIGATIONS AND INSPECTIONS. (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 this chapter and any rules adopted
under this chapter and shall determine if the chapter and rules
are being obeyed.
(b) During an investigation, the commission or the commission
member may:
(1) administer oaths;
(2) issue subpoenas to compel the attendance of witnesses and
the production of books, papers, documents, and accounts relating
to the investigation; and
(3) cause the deposition of witnesses residing inside or outside
the state.
(c) A 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) An 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) A 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. 143.010. COMMISSION 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) The 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) In each hearing, appeal, or review of any kind in which 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) The commission may issue subpoenas and subpoenas duces tecum
for the attendance of witnesses and for the production of
documentary material.
(e) The 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) Witnesses may be placed under the rule at the commission
hearing.
(g) The 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) The commission shall maintain a public record of each
proceeding with copies available at cost.
(i) In addition to the requirements prescribed by this section,
an appeal to the commission in a municipality with a population
of 1.5 million or more must meet the 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. 143.011. DECISIONS AND RECORDS. (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 comes before the commission.
(c) Each 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. 143.012. DIRECTOR. (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 shall
appoint the director. 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) A 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) A person appointed as director may be a commission member, a
municipal employee, or some other person.
(d) The municipality's governing body shall determine the
salary, if any, to be paid to the director.
(e) If, 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. 143.013. APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD. (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 municipality having an elected fire or police
commissioner, appointed by the fire or police commissioner in
whose department the vacancy exists and confirmed by the
municipality's governing body.
(b) A person appointed as head of a fire department must be
eligible for certification by the Commission on Fire Protection
Personnel Standards and Education at the intermediate level or
its equivalent as determined by that commission and must have
served as a fully paid fire fighter for at least five years. A
person appointed as head of a police department must be eligible
for certification by the Commission on Law Enforcement Officer
Standards and Education 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) Except 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 the person immediately before
appointment as department head. The person retains all rights of
seniority in the department.
(d) If 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.
Sec. 143.014. APPOINTMENT 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) If approved by the governing body of the municipality by
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 immediately below that of department
head may include a person who has a different title but has the
same pay grade.
(c) In 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,
the department head may appoint two persons to the
classification. If a municipality has more than 600 certified
fire fighters, the department head may appoint three persons to
the classification. This subsection does not apply to a
municipality that has adopted The Fire and Police Employee
Relations Act (Article 5154c-1, Vernon's Texas Civil Statutes)
unless the municipality specifically adopts the appointment
procedure prescribed by this subsection through the collective
bargaining process.
(d) A person appointed to a position in the classification
immediately below that of the head of the police department must:
(1) be employed by the municipality's police department as a
sworn police officer;
(2) have at least two years' continuous service in that
department as a sworn police officer; and
(3) meet the requirements for appointment as head of a police
department prescribed by Section 143.013(b).
(e) A person appointed to a position in the classification
immediately below that of the head of the fire department must:
(1) be employed by the municipality's fire department;
(2) have a permanent classification in at least an officer
level; and
(3) meet the requirements for appointment as head of a fire
department prescribed by Section 143.013(b).
(f) The department head shall make each appointment under this
section within 90 days after the date a vacancy occurs in the
position.
(g) A person appointed under this section serves at the pleasure
of the department head. A person who is removed from the position
by the department head shall be reinstated in the department and
placed in the same classification, or its equivalent, that the
person held before appointment. The person retains all rights of
seniority in the department.
(h) If 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 as a classified employee. If
the commission, a hearing examiner, or a court of competent
jurisdiction finds the charges to be untrue or 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) A person serving under permanent appointment in a position
in the classification immediately below that of 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. 143.015. APPEAL OF COMMISSION DECISION TO DISTRICT COURT.
(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 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) is sent to the fire fighter or police officer by certified
mail; or
(2) is personally received by the fire fighter or police officer
or by that person's designee.
(b) An 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) The court may award reasonable attorney's fees to the
prevailing party and assess court costs against the nonprevailing
party.
(d) If 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. 143.016. PENALTY FOR VIOLATION OF CHAPTER. (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 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. 143.021. CLASSIFICATION; EXAMINATION REQUIREMENT. (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. The governing
body by ordinance shall prescribe the number of positions in each
classification.
(b) Except 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 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) Except as provided by Sections 143.013, 143.014, 143.0251,
143.102, and 143.1251, an existing position or classification or
a position or classification created in 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. 143.022. PHYSICAL 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) The commission shall require each applicant for a beginning
or a promotional position to take an appropriate physical
examination. The commission may require each applicant for a
beginning position to take a mental examination. The examination
shall be administered by a physician, psychiatrist, or
psychologist, as appropriate, appointed by the commission. The
municipality shall pay for each examination.
(c) If 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. 143.023. ELIGIBILITY FOR BEGINNING POSITION. (a) A person
may not take an entrance examination for a beginning position in
the police department unless the person is at least 18 years of
age. A person may not take an entrance examination for a
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) A 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) A person who is 45 years of age or older may not be
certified for a beginning position in a police department.
(d) An 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) An 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 Commission on Law Enforcement Officer
Standards and Education.
(f) Each police officer and fire fighter affected by this
chapter must be able to read and write English.
(g) In 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, Sec. 1, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch.
273, Sec. 1, eff. May 30, 2009.
Sec. 143.024. ENTRANCE EXAMINATION NOTICE. (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
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.
(b) The 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. 143.025. ENTRANCE 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. The examinations are open to each person who
makes a proper application and meets the requirements prescribed
by this chapter.
(b) An 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 provided by Subsections (d) and (e).
The examination must be based on the person's general knowledge
and aptitude and must inquire into the applicant's general
education and mental ability. A person may not be appointed to
the fire or police department except as a result of the
examination.
(c) An applicant may not take an examination unless at least one
other applicant taking the examination is present.
(d) Examinations 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) This 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 may be held at additional locations outside the
municipality. 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 department may be created from that examination, and only
one eligibility list may be in effect at a given time. Each
applicant who takes the examination for the eligibility list
shall:
(1) take the same examination; and
(2) be examined in the presence of other applicants for that
eligibility list.
(f) An 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) An applicant may not take the examination for a particular
eligibility list more than once.
(h) The 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 shall determine the length of the period. The
commission shall give new examinations at times the commission
considers necessary to provide required staffing for scheduled
fire or police training academies.
(i) The 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. The minimum passing grade on the examination is 70
percent. An applicant must pass the examination to be placed on
an eligibility list.
(j) Notwithstanding 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. The deceased fire fighter's applicant child
must otherwise satisfy all of the requirements for eligibility
for a beginning position in a fire department contained in this
chapter. This commission shall promulgate rules to identify and
verify each applicant's eligibility for applicability of this
subsection.
(k) This section does not apply to a police department located
in a municipality with a population of 1.5 million or more.
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, Sec. 2, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch.
27, Sec. 1, eff. September 1, 2007.
Sec. 143.0251. REAPPOINTMENT AFTER RESIGNATION. 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 departmental entrance examination.
Added by Acts 1995, 74th Leg., ch. 64, Sec. 2, eff. Sept. 1,
1995.
Sec. 143.026. PROCEDURE FOR FILLING BEGINNING POSITIONS. (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 the names of suitable persons from the eligibility
list. The director shall certify to the municipality's chief
executive the names of the three persons having the highest
grades on the eligibility list.
(b) From 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) If 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) The reason required by Subsection (c) shall be filed with
the commission and a copy provided to the person having the
highest grade. If the chief executive appoints the person having
the third 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. 143.027. PROBATIONARY PERIOD. (a) A 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. In 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) is not employed by a department in which a collective
bargaining agreement or a meet-and-confer agreement currently
exists or previously existed; and
(2) is required to attend a basic training academy for initial
certification by the Texas Commission on Fire Protection or the
Commission on Law Enforcement Officer Standards and Education.
(b) During 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) During 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 organization is not a ground for retaining or not
retaining a fire fighter or police officer serving a probationary
period.
(d) A 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, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
909, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 11.001, eff. September 1, 2007.
Sec. 143.028. ELIGIBILITY 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) Except 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) If 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
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, Sec. 2, eff. June 17, 2005.
Sec. 143.029. PROMOTIONAL 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) Before 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) The 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) In 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. 143.030. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL
EXAMINATION. (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 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) If the department has adopted a classification plan that
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) If 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) If 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 for eligibility to take a
promotional examination. In determining if a fire fighter has met
the two-year service requirement, a fire department may not
consider service in another fire department.
(f) This section does not prohibit lateral crossover between
classes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 143.031. ELIGIBILITY FOR POLICE DEPARTMENT PROMOTIONAL
EXAMINATION. (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 position in the
classification that is immediately below, in salary, the
classification for which the examination is to be held.
(b) If the department has adopted a classification plan that
classifies positions on the basis of similarity in duties and
responsibilities, each promotional examination is open to 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.
(c) If 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 two years' 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. 143.032. PROMOTIONAL EXAMINATION PROCEDURE. (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 departments. Unless a
different procedure is adopted under an alternate promotional
system as provided by Section 143.035, the examinations shall be
held substantially as prescribed by this section.
(b)(1) Each 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) The 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. In adopting
the rules, the commission shall ensure that the administration of
the examination will not result in unnecessary interference with
any ongoing military effort. The rules shall require that:
(A) at the discretion of the administering entity, an
examination that is not identical to the examination administered
to other eligible promotional candidates may be administered to
an eligible promotional candidate who is serving on active
military duty; and
(B) if 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) The examination must be entirely in writing and may not in
any part consist of an oral interview.
(d) The examination questions must test the knowledge of the
eligible promotional candidates about information and facts and
must be based on:
(1) the duties of the position for which the examination is
held;
(2) material 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) any study course given by the departmental schools of
instruction.
(e) The 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) The 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) The director is responsible for the preparation and security
of each promotional examination. 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) A person commits an offense if the person knowingly or
intentionally:
(1) reveals a part of a promotional examination to an
unauthorized person; or
(2) receives from an authorized or unauthorized person a part of
a promotional examination for unfair personal gain or advantage.
(i) An 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, Sec. 1, eff. June 17, 2005.
Sec. 143.033. PROMOTIONAL EXAMINATION GRADES. (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, the examinations
shall be graded at the examination location and in the presence
of any candidate who wants to remain during the grading.
(b) Each police officer is entitled to receive one point for
each year of seniority as a classified police officer in that
department, with a maximum of 10 points. Each fire fighter is
entitled to receive one point for each year of seniority in that
department, with a maximum of 10 points.
(c) Unless 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 applicant's points
for seniority to the applicant's grade on the written
examination, but for a fire fighter applicant only if the
applicant scores a passing grade on the written examination.
Each applicant's grade on the written examination is based on a
maximum grade of 100 points and is determined entirely by the
correctness of the applicant's answers to the questions. The
passing grade in a municipality with a population of 1.5 million
or more is prescribed by Section 143.108. In a municipality with
a population of less than 1.5 million, all police officer
applicants who receive a grade of at least 70 points shall be
determined to have passed the examination and all fire fighter
applicants who receive a grade on the written examination of at
least 70 points shall be determined to have passed the
examination. If a tie score occurs, the commission shall
determine a method to break the tie.
(d) Within 24 hours after a promotional examination is held, the
commission shall post the individual raw test scores on a
bulletin board located in the main lobby of the city hall.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(d), eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 713, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch.
869, Sec. 3, eff. September 1, 2005.
Sec. 143.034. REVIEW AND APPEAL OF PROMOTIONAL 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 grading, and the source
material for the examination. If dissatisfied, the candidate may
appeal, within five business days, to the commission for review
in accordance with this chapter. In computing this period, a
Saturday, Sunday, or legal holiday is not considered a business
day.
(b) The eligible promotional candidate may not remove the
examination or copy a question used in the examination.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 26(e), eff. Aug. 28,
1989.
Sec. 143.035. ALTERNATE PROMOTIONAL SYSTEM IN POLICE DEPARTMENT.
(a) This section does not apply to a municipality that has
adopted The Fire and Poli