CHAPTER 150. MISCELLANEOUS PROVISIONS AFFECTING MUNICIPAL OFFICERS AND EMPLOYEES
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES
CHAPTER 150. MISCELLANEOUS PROVISIONS AFFECTING MUNICIPAL
OFFICERS AND EMPLOYEES
SUBCHAPTER A. INVOLVEMENT OF FIRE FIGHTERS AND POLICE OFFICERS IN
POLITICAL ACTIVITIES
Sec. 150.001. APPLICATION OF SUBCHAPTER TO CERTAIN
MUNICIPALITIES WITH POPULATION OF 10,000 OR MORE. This
subchapter applies only to a municipality with a population of
10,000 or more, but does not apply to a municipality in which
Chapter 143 applies.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28,
1989.
Sec. 150.002. POLITICAL ACTIVITIES. (a) While in uniform or on
active duty, an employee of the fire or police department of the
municipality may not engage in a political activity relating to a
campaign for an elective office.
(b) For the purposes of this section, a person engages in a
political activity if the person:
(1) makes a public political speech supporting or opposing a
candidate;
(2) distributes a card or other political literature relating to
the campaign of a candidate;
(3) wears a campaign button;
(4) circulates or signs a petition for a candidate;
(5) solicits votes for a candidate; or
(6) solicits campaign contributions for a candidate.
(c) While out of uniform and not on active duty, an employee of
the fire or police department may engage in a political activity
relating to a campaign for an elective office, including each
activity listed by Subsection (b), except that the person may not
solicit campaign contributions for a candidate other than from
members of an employee organization to which that person belongs.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28,
1989.
Sec. 150.003. RESTRICTION PROHIBITED. The municipality may not
restrict the right of an employee of the fire or police
department to engage in a political activity permitted by this
subchapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28,
1989.
SUBCHAPTER B. RESIDENCY REQUIREMENTS
Sec. 150.021. RESIDENCY REQUIREMENTS FOR MUNICIPAL EMPLOYEES.
(a) A municipality may not require residency within the
municipal limits as a condition of employment with the
municipality. A municipality may require residency within the
United States as a condition of employment.
(b) The prohibition under Subsection (a) does not apply to
residency requirements for:
(1) candidates for or holders of a municipal office, including a
position on the governing body of the municipality; or
(2) municipal department heads appointed by the mayor or
governing body of the municipality.
(c) The governing body of a municipality may prescribe
reasonable standards with respect to the time within which
municipal employees who reside outside the municipal limits must
respond to a civil emergency. The standards may not be imposed
retroactively on any person in the employ of the municipality at
the time the standards are adopted.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 35(a), eff. Aug. 28,
1989.