CHAPTER 157. ASSISTANCE, BENEFITS, AND WORKING CONDITIONS OF COUNTY OFFICERS AND EMPLOYEES
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES
CHAPTER 157. ASSISTANCE, BENEFITS, AND WORKING CONDITIONS OF
COUNTY OFFICERS AND EMPLOYEES
SUBCHAPTER A. MEDICAL CARE, HOSPITALIZATION, AND INSURANCE
Sec. 157.001. HOSPITALIZATION INSURANCE. The commissioners
court of a county may provide hospitalization insurance to a
county official, deputy, assistant, or other county employee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 157.002. MEDICAL CARE, HOSPITALIZATION, AND INSURANCE IN
COUNTIES. (a) The commissioners court by rule may provide for
medical care and hospitalization and may provide for
compensation, accident, hospital, and disability insurance for
the following persons if their salaries are paid from the funds
of the county or funds of a flood control district located
entirely in the county, or funds of a hospital district described
by Section 281.0475, Health and Safety Code, located entirely in
the county, or if they are employees of another governmental
entity for which the county is obligated to provide benefits:
(1) deputies, assistants, and other employees of the county, or
of the flood control district, or of the hospital district, who
work under the commissioners court or its appointees;
(2) county and district officers and their deputies and
assistants appointed under Subchapter A, Chapter 151;
(3) employees appointed under Section 10(a), Article 42.12, Code
of Criminal Procedure;
(4) any retired person formerly holding any status listed above;
and
(5) the dependents of any person listed above.
(b) The commissioners court may contract with a county-operated
hospital or a hospital operated jointly by a municipality and
county to provide medical care and hospitalization under this
section. The commissioners court may, if circumstances warrant,
provide for medical care and hospitalization in a private
hospital.
(c) A rule adopted under this section relating to a person's
medical care, hospitalization, or insurance coverage must be
included in the person's employment contract.
(d) A rule adopted under this section is subject to the approval
of the county auditor.
(e) Before adopting a rule under this section, the commissioners
court must give notice of a hearing about the proposed adoption.
The notice must be published in a newspaper that is published in
the county. The publication must be made at least once a week for
two consecutive weeks. The first notice must appear before the
15th day before the date of the hearing. The notice must provide
a brief summary of the rule as well as the time and day of the
hearing. On adoption, the rule must be entered in the minutes of
the hearing and it takes effect on the date set out in the rule.
At the hearing, an employee or taxpayer of the county is entitled
to appear and protest the adoption of a rule.
(f) A county providing coverage under this section shall
reinsure its potential liability or purchase stop-loss coverage
for any amount of potential liability that is in excess of 125
percent of projected paid losses and may reinsure its potential
liability or purchase stop-loss coverage for any amount of
potential liability that is 125 percent or less of projected paid
losses. A county must reinsure the liability or purchase
stop-loss coverage from an insurance company admitted to do
business in this state that has a certificate of authority from
the State Board of Insurance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(h), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 872, Sec. 1, 2, eff. June 14,
1989.
Amended by:
Acts 2005, 79th Leg., Ch.
1094, Sec. 22, eff. September 1, 2005.
Sec. 157.003. HOSPITAL AND INSURANCE FUND. (a) In a county
that adopts rules under Section 157.002, the commissioners court
may require persons participating in the health plan to
contribute toward the payment of the plan. The commissioners
court may establish a fund to be known as the "Hospital and
Insurance Fund--County Employees" to pay for the medical care or
hospitalization or the insurance.
(b) A person who elects to participate in the health plan must
authorize contributions to the fund by salary deduction. The
authorization must be in writing and must be given at the time of
the person's employment or on the effective date of the rules.
The county and any participating flood control district or
hospital district shall also contribute to the fund. A person
who does not contribute to the plan may not receive
hospitalization or insurance benefits.
(c) The fund may be used only for the purposes stated in
Subsection (a). Employees who are discharged or who end their
employment voluntarily have no vested right to contributions made
to the fund. The fund shall continue to be used for the benefit
of the remaining employees.
(d) Claims shall be paid from the fund in the same manner as
provided by law for the payment of other claims of the county or
flood control district.
(e) If a plan established under this section is terminated by
the commissioners court, the remaining funds shall be transferred
to the county and to any participating flood control district in
proportion to the total contributions made by them.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
1094, Sec. 23, eff. September 1, 2005.
Sec. 157.004. DISABILITY COMPENSATION IN COUNTIES OF 290,000 TO
500,000. (a) The commissioners court of a county with a
population of 290,000 to 500,000 shall provide for the payment of
a county employee who is made totally unfit to continue
employment because of a physical injury occurring in the actual
and active discharge of a duty. The payment may not cover more
than six months of disability. The payment must be in the
following amounts:
(1) full salary for each month, or part of a month, of total
disability during the first three months of the disability; and
(2) one-half salary for each month, or part of a month, of total
disability during the second three months of the disability.
(b) The commissioners court, before making an award for
disability under this section, shall conduct a hearing to
determine the merits of the claim and may subpoena and examine
witnesses to assist in the determination. The commissioners court
may grant or refuse an award.
(c) The employee making a claim under this section may appeal a
decision of the commissioners court within 10 days after the date
of the decision. Appeal is by trial de novo before the court that
has jurisdiction of the amount involved.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 157.005. SUBROGATION. (a) A county that has paid medical
expenses, doctor bills, hospital bills, or salary for a sheriff,
deputy sheriff, constable, deputy constable, or other county or
precinct law enforcement official under Article III, Section 52e,
of the Texas Constitution, as adopted in 1967, is subrogated to
the law enforcement official's right of recovery for personal
injuries caused by another to the extent of the payments made by
the county.
(b) A county may not refuse to pay medical expenses, doctor
bills, or hospital bills on the ground that the law enforcement
official has a claim for damages for personal injury.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 157.006. PAYMENTS FOR CERTAIN HEALTH INSURANCE COVERAGE.
(a) A hospital district created under Article IX of the Texas
Constitution or a county may purchase and pay the premiums for a
conversion policy or other health insurance coverage for a person
who is diagnosed as having HIV or AIDS, or defined by Section
81.101, Health and Safety Code, or other terminal or chronic
illness, who is unemployed, and whose income level is less than
200 percent of the federal poverty level, based on the federal
Office of Management and Budget poverty index in effect at the
time coverage is provided, even though that person may be
eligible for benefits under Chapter 32, Human Resources Code, or
a medical assistance program of the county or hospital district.
(b) Health insurance coverage for which premiums may be paid
under this section includes coverage purchased from an insurance
company authorized to do business in this state, a group hospital
services corporation operating under Chapter 842, Insurance Code,
a health maintenance organization operating under Chapter 843,
Insurance Code, or an insurance pool created by the federal or
state government or a political subdivision of the state.
(c) The county or hospital district may provide for payment of
premiums from unencumbered money available to it for that
purpose.
(d) A county or hospital by order may adopt necessary rules,
criteria, and plans and may enter into necessary contracts to
carry out this section.
Added by Acts 1989, 71st Leg., ch. 1041, Sec. 6, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(10), eff.
Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.537, eff.
Sept. 1, 2003.
Sec. 157.007. APPLICABILITY OF SUBCHAPTER. (a) A county that
chooses to provide medical or related benefits may operate under
this subchapter or Subchapter F.
(b) A county operating under this subchapter that previously
created a fund under Section 157.102 may continue the fund or may
terminate the fund and create a fund as provided by Section
157.003.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 2, eff. Sept. 1,
2003.
Sec. 157.008. INSURANCE POOL OR INSURANCE COMPANY NOT CREATED.
If a county provides for medical care and hospitalization or
provides for compensation, accident, hospital, and disability
insurance to persons listed under Section 157.002(a)(1), the
county:
(1) has not created an insurance pool with a flood control
district, hospital district, or other governmental entity, unless
the county enters into a contract under Chapter 172; and
(2) is not an insurance company subject to the Insurance Code or
to regulation by the Texas Department of Insurance as an
insurance company.
Added by Acts 2005, 79th Leg., Ch.
1094, Sec. 24, eff. September 1, 2005.
SUBCHAPTER B. HOURS OF WORK
Sec. 157.021. HOURS OF WORK OF COUNTY EMPLOYEES. (a) In a
county with a population of 355,000 or more, the commissioners
court may adopt and enforce uniform rules on the hours of work of
department heads, assistants, deputies, and other employees whose
compensation is set or approved by the court.
(b) The commissioners court of any county may adopt and enforce
uniform rules on overtime and compensatory time for department
heads, assistants, deputies, and other employees whose
compensation is set or approved by the commissioners court. The
rules may:
(1) prohibit unbudgeted overtime, except when the commissioners
court or an elected county or district officer declares an
emergency; and
(2) require that emergency overtime be reported to the county
auditor and the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 713, Sec. 2, eff. Sept. 1,
1995.
Sec. 157.022. HOURS OF WORK OF PEACE OFFICERS IN COUNTIES OF
MORE THAN ONE MILLION. (a) A peace officer employed by a county
with a population of more than one million may not be required to
work more hours during a calendar week than the number of hours
in the normal work week of the majority of other county
employees.
(b) A sheriff or constable may require a peace officer to work
more hours than allowed by Subsection (a) if the sheriff or
constable determines an emergency exists that requires the
officer to work extra hours.
(c) A peace officer who elects to work extra hours during a
calendar week shall be compensated on a basis consistent with
overtime provisions of the county personnel policy.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 91, eff. Sept. 1,
1991.
SUBCHAPTER C. LIABILITY INSURANCE
Sec. 157.041. GENERAL LIABILITY INSURANCE. (a) The
commissioners court of a county may obtain insurance or similar
coverage from a governmental pool operating under Chapter 119 or
a self-insurance fund or risk retention group operating under
Chapter 2259, Government Code, for an official or employee of the
county including county and precinct peace officers designated by
the commissioners court, a district attorney who has all or part
of the county within the district attorney's jurisdiction, or an
official of any special purpose district located, in whole or in
part, in the county against liability arising from the
performance of official duties or duties of employment.
(b) Insurance provided under this section must be purchased from
an insurance company authorized to do business in this state and
must be on forms approved by the commissioner of insurance.
(c) The commissioner of insurance shall adopt rules and set
rates to implement this section.
(d) Coverage obtained from a pool operating under Chapter 119 or
a self-insurance fund or risk retention group operating under
Chapter 2259, Government Code, is not insurance and, except as
provided by Subsections (b) and (c), is not subject to regulation
by the commissioner of insurance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 561, Sec. 7, eff. Aug. 30,
1993; Acts 2001, 77th Leg., ch. 1420, Sec. 8.287, eff. Sept. 1,
2001.
Sec. 157.042. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
OFFICERS IN CERTAIN COUNTIES. (a) A county that has a
population of more than 1.3 million and in which a municipality
with a population of more than one million is primarily located
shall insure its sheriff, constables, and full-time deputies of
those officers against liability to third persons arising from
the operation or maintenance of:
(1) county-owned or county-leased motor vehicles; and
(2) privately owned motor vehicles to the extent used for the
performance of county business or law enforcement duties.
(b) A county may satisfy the requirement of Subsection (a) by
requiring that the person to be covered purchase an extended
coverage endorsement to an individually owned liability insurance
policy and by reimbursing the person for the cost of the extended
coverage endorsement. The extended coverage endorsement must be
in an amount equal to or greater than that required by Subsection
(d) and must extend coverage to include the operation of vehicles
in the scope of the person's employment. The county may require a
person insured in this manner to provide proof of coverage.
(c) A county may elect to comply with the requirements of this
section by self-insuring in accordance with Section 601.124,
Transportation Code.
(d) Liability coverage required under this section must be in
amounts equal to or greater than the amounts required by Chapter
601, Transportation Code.
(e) In this section, "motor vehicle" means a vehicle for which
motor vehicle insurance is written under Subchapter A, Chapter 5,
Insurance Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.217, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 644, Sec. 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 669, Sec. 68, eff. Sept. 1, 2001.
Sec. 157.043. GENERAL LIABILITY INSURANCE FOR COUNTY OFFICIALS.
(a) In this section, "county officer or employee" includes a
county or precinct peace officer, the district attorney, or an
officer of a special purpose district located in whole or in part
in the county.
(b) The commissioners court of a county may obtain insurance or
similar coverage from a governmental pool operating under Chapter
119 or a self-insurance fund or risk retention group operating
under Chapter 2259, Government Code, for a county officer or
employee, insuring the officer or employee from liability for
losses arising from the performance of official duties by the
officer or duties of employment by the employee, including losses
resulting from errors or omissions of the officer or employee or
from crime, dishonesty, or theft.
(c) An insurance policy purchased under Subsection (b) may be a
blanket insurance policy covering some or all county officers or
employees. The commissioners court may self-insure for part or
all of any deductible required under a blanket insurance policy.
A blanket insurance policy purchased under this subsection may be
used to satisfy any requirement for insurance required of a
county officer by any law.
(d) This section is cumulative of other statutory, common law,
or constitutional provisions.
Added by Acts 1999, 76th Leg., ch. 92, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.288, eff.
Sept. 1, 2001.
SUBCHAPTER D. CHILD CARE SERVICES
Sec. 157.061. DEFINITIONS. In this subchapter:
(1) "Child care services" means the care, training, education,
custody, treatment, and supervision of children for all or part
of a day.
(2) "County juror" means a juror in a justice, county, or
district court in a county.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,
1989.
Sec. 157.062. AUTHORITY TO ESTABLISH PROGRAM. The commissioners
court of a county with a population of 500,000 or more may
establish a program by which the county provides child care
services to benefit county employees, county jurors, and their
children.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,
1989.
Sec. 157.063. ELIGIBLE CHILDREN. Any child of a county employee
or county juror, including a stepchild, foster child, or other
child in the possession of the employee or juror under a court
order, is eligible to participate in the child care program
subject to the limitations imposed under Section 157.065.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,
1989.
Sec. 157.064. SPACE FOR PROGRAM. The commissioners court may
set aside space in an existing county facility or may acquire by
lease or purchase additional space for the child care program.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,
1989.
Sec. 157.065. SCOPE OF PROGRAM. (a) The commissioners court
may determine its own guidelines about the scope of the child
care program. The guidelines must include provisions relating to
fees for participation in the program, ages of children who may
participate, services to be available, times services are
available, and related matters.
(b) The commissioners court shall appoint a board of county
employees to review the program and guidelines and to make
recommendations to the court about the program.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,
1989.
Sec. 157.066. STAFF. (a) The commissioners court may employ a
child care administrator to supervise the administration of the
program and, with the approval of the court, to employ the
necessary staff to administer the program.
(b) Instead of exercising the authority under Subsection (a),
the commissioners court may contract for the child care services.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,
1989.
Sec. 157.067. FEES. (a) The commissioners court may set fees
to be charged for the child care services. A fee may be set at
any amount not to exceed the actual cost of providing the
service. If the amount of a fee is less than the cost of
providing the service, the difference between the two amounts is
considered to be part of the compensation of the county employee
or county juror.
(b) Fees collected under this section shall be deposited in the
general fund of the county.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 37(a), eff. Aug. 28,
1989.
SUBCHAPTER E. POOLING OF SICK LEAVE BY COUNTY EMPLOYEES
Sec. 157.071. DEFINITIONS. In this subchapter:
(1) "Administrator" means the person designated by the
commissioners court of a county to administer the county's sick
leave pool program.
(2) "Employee" means a district, county, or precinct employee
with 12 or more months of continuous employment with the
district, county, or precinct who is paid from the general fund
of the county, from a special fund of the county, or from special
grants paid through the county.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 1997, 75th Leg., ch. 612, Sec. 1, eff.
Sept. 1, 1997.
Sec. 157.072. AUTHORITY TO ESTABLISH PROGRAM FOR SICK LEAVE
POOL. (a) The commissioners court of a county may establish a
program within the county to allow an employee to voluntarily
transfer sick leave time earned by the employee to a county sick
leave pool.
(b) The commissioners court of a county with a population of one
million or more may allow an employee to voluntarily transfer
vacation leave time earned by the employee to a county sick leave
pool.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 711, Sec. 1, eff.
Sept. 1, 1995.
Sec. 157.073. ADMINISTRATION OF SICK LEAVE POOL PROGRAM. (a)
The commissioners court may adopt rules and prescribe procedures
and forms relating to the operation of the county sick leave pool
program. The commissioners court by rule may require an employee
to:
(1) enroll in the county sick leave pool as a condition for
eligibility under Section 157.075(a); and
(2) transfer at least one day of accrued sick leave time or, if
allowed under Section 157.072(b), accrued vacation leave time
earned by the employee as a condition of enrollment.
(b) The commissioners court shall designate a person to
administer the county sick leave pool program.
(c) The commissioners court shall determine which injuries and
illnesses are classified as catastrophic for purposes of this
subchapter. The court shall provide to the administrator a
written statement of that classification.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 2001, 77th Leg., ch. 493, Sec. 1, eff. June
11, 2001.
Sec. 157.074. EMPLOYEE CONTRIBUTION TO SICK LEAVE POOL. (a) To
contribute time to the county sick leave pool, an employee must
submit an application to the administrator in the form prescribed
by the commissioners court.
(b) On approval by the administrator, in a fiscal year the
employee may transfer to the county sick leave pool not less than
one day or more than five days of accrued sick leave time, or
accrued vacation leave time in a county operating under Section
157.072(b), earned by the employee. The administrator shall
credit the pool with the amount of time contributed by the
employee and shall deduct the same amount of time from the amount
to which the employee is entitled, as if the employee had used
the time for personal purposes.
(c) An employee who is terminated or who resigns or retires may
donate not more than 10 days of accrued sick leave time or, if
allowed under Section 157.072(b), accrued vacation leave time
earned by the employee to take effect immediately before the
effective date of termination, resignation, or retirement.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 1995, 74th Leg., ch. 711, Sec. 2, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 612, Sec. 2, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 493, Sec. 2, eff. June 11,
2001.
Sec. 157.075. EMPLOYEE WITHDRAWAL FROM SICK LEAVE POOL. (a) An
employee is eligible to use time contributed to the county sick
leave pool if:
(1) because of a catastrophic injury or illness, the employee
has exhausted all the accrued paid leave and compensatory time to
which the employee is otherwise entitled; and
(2) the employee is enrolled in the county sick leave pool, if
the commissioners court requires enrollment under Section
157.073(a).
(b) An eligible employee must apply to the administrator for
permission to use time in the county sick leave pool. If the
administrator determines that the employee is eligible, the
administrator shall approve the transfer of time from the pool to
the employee. The administrator shall credit the time to the
employee, and the employee may use the time in the same manner as
sick leave earned by the employee in the course of employment.
(c) An eligible employee may not use time in the county sick
leave pool in an amount that exceeds the lesser of one-third of
the total amount of time in the pool or 180 days. The
administrator shall determine the exact amount that an eligible
employee may use.
(d) An employee absent on sick leave assigned from the county
sick leave pool is treated for all purposes as if the employee
were absent on earned sick leave.
(e) The estate of a deceased employee is not entitled to payment
for unused sick leave acquired by that employee from the county
sick leave pool.
Added by Acts 1993, 73rd Leg., ch. 613, Sec. 1, eff. Aug. 30,
1993. Amended by Acts 1997, 75th Leg., ch. 612, Sec. 3, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 493, Sec. 3, eff. June
11, 2001; Acts 2001, 77th Leg., ch. 554, Sec. 1, eff. June 11,
2001.
SUBCHAPTER F. GROUP HEALTH AND RELATED BENEFITS
Sec. 157.101. GROUP HEALTH AND RELATED BENEFITS. (a) A
commissioners court by rule, including through an
intergovernmental risk pool organized under Chapter 172, may
provide for group health and related benefits, including medical
care, surgical care, hospitalization, and pharmaceutical, life,
accident, disability, long-term care, vision, dental, mental
health, and substance abuse benefits, for the following persons
if their salaries are paid from the funds of the county or funds
of a flood control district located entirely in the county, or
funds of a hospital district described by Section 281.0475,
Health and Safety Code, located entirely in the county, or if
they are employees of another governmental entity for which the
county is obligated to provide benefits:
(1) deputies, assistants, and other employees of the county, or
of the flood control district, or of the hospital district, who
work under the commissioners court or its appointees;
(2) county and district officers and their deputies and
assistants appointed under Subchapter A, Chapter 151;
(3) employees of a community supervision and corrections
department established under Chapter 76, Government Code;
(4) a retired person formerly holding a status listed in
Subdivisions (1)-(3); and
(5) the dependents of a person listed in Subdivisions (1)-(4).
(b) The commissioners court may provide the benefits under
Subsection (a) through insurance, self-insurance, or a contract
with a county-operated hospital, a hospital operated jointly by a
municipality and county, or a private hospital.
(c) A rule adopted under this section relating to a person's
group health or related benefits coverage must be included in the
person's employment contract or otherwise communicated in writing
to the person.
(d) A rule adopted under this section may be subject to the
approval of the county auditor.
(e) Before adopting a rule under this section, the commissioners
court must provide notice of a hearing about the proposed
adoption in accordance with Chapter 551, Government Code. At the
hearing, an employee or taxpayer of the county is entitled to
appear and protest the adoption of a rule.
(f) A county providing coverage under this section may reinsure
its potential liability or purchase stop-loss coverage for any
amount of potential liability that is in excess of projected paid
losses. A county that reinsures its potential liability or
purchases stop-loss coverage for any amount of potential
liability must do so from an insurance company admitted to do
business in this state that holds a certificate of authority from
the Texas Department of Insurance or an intergovernmental risk
pool organized under Chapter 172.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1094, Sec. 25, eff. September 1, 2005.
Sec. 157.102. GROUP HEALTH AND RELATED BENEFITS FUND. (a) The
commissioners court of a county that adopts rules under Section
157.101 may require persons participating in the group health and
related benefits plan to contribute toward the payment of the
plan. The commissioners court may establish a fund to pay for
the group health and related benefits. The fund may take the
form of a single nonprofit trust as described by Section
222.002(c)(5)(A), Insurance Code.
(b) A person who elects to participate in any aspect of the
group health and related benefits plan and is required to make
contributions toward the payment of the plan must authorize
contributions to the fund by salary deduction. The authorization
must be submitted in writing to the county officer authorized by
the commissioners court to administer payroll deductions. The
authorization remains in effect as long as the person is required
to make contributions toward the payment of the plan. If the
amount of the person's required contributions changes after the
date the request for deduction is submitted, the county shall
notify the person of the change before the change takes effect.
The county and any participating flood control district or
hospital district may also contribute to the fund.
(c) The fund may be used only for the purposes stated in
Subsection (a). Employees who are discharged or who end their
employment voluntarily have no vested right to contributions made
to the fund. The fund shall continue to be used for the benefit
of the remaining employees.
(d) Claims shall be paid from the fund in the same manner as
provided by law for the payment of other claims of the county or
flood control district.
(e) If a plan established under this section is terminated by
the commissioners court, the remaining funds shall be transferred
to the county and to any participating flood control district in
proportion to the total contributions made by them.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 11.145, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1094, Sec. 26, eff. September 1, 2005.
Sec. 157.103. SUBROGATION. (a) A county that has paid group
health and related benefits for a sheriff, deputy sheriff,
constable, deputy constable, or other county or precinct law
enforcement official is subrogated to the law enforcement
official's right of recovery for personal injuries caused by
another to the extent of the payments made by the county.
(b) A county may not refuse to pay group health and related
benefits on the ground that the law enforcement official has a
claim for damages for personal injury.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,
2003.
Sec. 157.104. PAYMENTS FOR CERTAIN HEALTH COVERAGE. A county
may purchase and pay premiums for coverages as described by
Section 157.006.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,
2003.
Sec. 157.105. APPLICABILITY OF SUBCHAPTER. (a) A county that
chooses to provide medical or related benefits may operate under
this subchapter or Subchapter A.
(b) A county operating under this subchapter that previously
created a fund under Section 157.003 may continue the fund or may
terminate the fund and create a fund as provided by Section
157.102.
Added by Acts 2003, 78th Leg., ch. 630, Sec. 1, eff. Sept. 1,
2003.
Sec. 157.106. INSURANCE POOL OR INSURANCE COMPANY NOT CREATED.
If a county provides for group health and related benefits,
including medical care, surgical care, hospitalization, and
pharmaceutical, life, accident, disability, long-term care,
vision, dental, mental health, and substance abuse benefits, to
persons listed under Section 157.101(a)(1), the county:
(1) has not created an insurance pool with a flood control
district, hospital district, or other governmental entity, unless
the county enters into a contract under Chapter 172; and
(2) is not an insurance company subject to the Insurance Code or
to regulation by the Texas Department of Insurance as an
insurance company.
Added by Acts 2005, 79th Leg., Ch.
1094, Sec. 27, eff. September 1, 2005.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 157.901. LEGAL DEFENSE OF EMPLOYEES. (a) A county
official or employee sued by any entity, other than the county
with which the official or employee serves, for an action arising
from the performance of public duty is entitled to be represented
by the district attorney of the district in which the county is
located, the county attorney, or both.
(b) If additional counsel is necessary or proper in the case of
an official or employee provided legal counsel under Subsection
(a) or if it reasonably appears that the act complained of may
form the basis for the filing of a criminal charge against the
official or employee, the official or employee is entitled to
have the commissioners court of the county employ and pay private
counsel.
(c) A county official or employee is not required to accept the
legal counsel provided in this section.
(d) Repealed by Acts 1989, 71st Leg., ch. 509, Sec. 2, eff. June
14, 1989.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Sec. 157.061 and amended by Acts 1989, 71st Leg.,
ch. 1, Sec. 37(a), (b), eff. Aug. 28, 1989. Amended by Acts 1989,
71st Leg., ch. 509, Sec. 1, 2, eff. June 14, 1989.
Sec. 157.9015. REPRESENTATION PERMITTED WITHOUT CONFLICT OF
INTEREST. (a) It is not a conflict of interest for a district
or county attorney under Section 157.901 to defend a county or a
county official or employee sued by another county official or
employee and also to advise or represent the opposing party on a
separate matter arising from the performance of a public duty,
regardless of whether the attorney gives the advice or
representation to the opposing party before the suit began or
while the suit is pending.
(b) If practicable, the district or county attorney shall assign
a different attorney to defend the county or a county official or
employee under this section than the attorney assigned to advise
or represent the opposing party on a separate matter.
(c) This section does not require a district or county attorney
to represent a county official or employee who brings a suit
against the county or another county official or employee for an
action arising from the performance of a public duty.
Added by Acts 1999, 76th Leg., ch. 338, Sec. 1, eff. May 29,
1999.
Sec. 157.902. PERSONNEL RULES APPLYING TO JUVENILE AND PROBATION
OFFICERS, COURT REPORTERS, AND COUNTY AUDITOR'S OFFICE IN
COUNTIES OF 500,000 OR MORE. (a) This section applies only to
counties with a population of 500,000 or more.
(b) The district judges in the county may, by a majority vote at
a meeting of which each judge has notice, apply to all juvenile
and probation officers appointed under Title 82, Revised
Statutes, all court reporters, and the county auditor and all the
auditor's assistants in the county the rules that:
(1) are adopted by the commissioners court in the county for
other county and district employees; and
(2) relate to hours of work; vacations; holidays; sick leave;
deductions for absences; retirement; medical care;
hospitalization; and compensation, accident, hospital, and
disability insurance.
(c) The district judges must uniformly apply the rules as far as
practicable.
(d) If the district judges do not exercise their authority under
Subsection (b):
(1) the juvenile board of the county may, to the extent the
board determines, apply the rules to the juvenile and probation
officers;
(2) the district judges may, to the extent the judges determine
by vote of a majority present, apply the rules to the court
reporters; and
(3) the county auditor may, to the extent the auditor determines
and with the approval of a majority of the district judges, apply
the rules to the county auditor and the auditor's assistants.
(e) A decision of the district judges under Subsection (d)(2),
must be evidenced by an order entered in the minutes of each
judge's court. A certified copy of the order must be given to the
commissioners court of the county.
(f) If a juvenile or probation officer, a county auditor, or an
assistant to the auditor is jointly employed by two or more
subdivisions of government, the rules that are applied to that
person may be changed accordingly. To achieve uniform application
of the rules, the person may be considered to be employed and
paid by only one subdivision, but the expenses of administration
and contributions may be prorated to the different employing
subdivisions.
(g) This section does not affect any other law that applies to
the time, method, and manner of appointment or discharge of a
juvenile or probation officer, a court reporter, or the county
auditor or an assistant to the auditor or that applies to the
number or salaries of those persons.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Renumbered from Sec. 157.062 by Acts 1989, 71st Leg., ch. 1, Sec.
37(a), eff. Aug. 28, 1989.
Sec. 157.903. AUTHORITY TO INDEMNIFY ELECTED AND APPOINTED
COUNTY OFFICERS. The commissioners court of a county by order
may provide for the indemnification of an elected or appointed
county officer against personal liability for the loss of county
funds, or loss of or damage to personal property, incurred by the
officer in the performance of official duties if the loss was not
the result of the officer's negligence or criminal action.
Added by Acts 1989, 71st Leg., ch. 253, Sec. 1, eff. Aug. 28,
1989.
Sec. 157.904. PERSONNEL RECORDS OF CERTAIN SHERIFF'S
DEPARTMENTS. (a) This section applies only to a sheriff's
department in a county with a population of 3.3 million or more.
(b) In this section, "employee record" means any letter,
memorandum, or document maintained by the department that relates
to a department employee.
(c) The sheriff or the sheriff's designee shall maintain a
permanent personnel file on each department employee. An
employee's permanent personnel file must contain any employee
record relating to:
(1) a commendation, congratulation, or honor bestowed on the
employee by a member of the public or by the department for an
action, duty, or activity that relates to the employee's official
duties;
(2) any misconduct by the employee if the employee record is
made by the department and if the misconduct resulted in
disciplinary action by the department; and
(3) the periodic evaluation of the employee by a supervisor.
(d) An employee record relating to alleged misconduct by an
employee may not be placed in the employee's permanent personnel
file if the department determines that there is insufficient
evidence to sustain the charge of misconduct.
(e) An employee record relating to disciplinary action taken
against an employee or to alleged misconduct by the employee that
is placed in the employee's permanent personnel file shall be
removed from the file if a court or an administrative body of
competent jurisdiction, including the sheriff's department civil
service commission, determines that:
(1) the disciplinary action was taken without just cause; or
(2) the charge of misconduct was not supported by sufficient
evidence.
(f) If a negative record of employee misconduct or other
notation of negative impact is included in an employee's
permanent personnel file, the sheriff or the sheriff's designee,
not later than the 30th day after the date the record is
included, shall notify the affected employee that the record has
been included in the file. The employee may, not later than the
15th day after the date of receipt of the notification, file a
written response to the negative employee record. The sheriff or
the sheriff's designee shall place the response in the employee's
permanent personnel file with the negative record.
(g) An employee is entitled, on request, to a copy of any
employee record placed in the employee's permanent personnel
file. The department may charge the employee a reasonable fee not
to exceed actual cost for copies provided under this subsection.
(h) The sheriff or the sheriff's designee may not release an
employee record or other information contained in an employee's
permanent personnel file without first obtaining the employee's
written permission, unless the release of the record or
information is required by law.
Added by Acts 1991, 72nd Leg., ch. 875, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 69, eff.
Sept. 1, 2001.
Sec. 157.906. PAYMENT FOR APPEARANCES OF PEACE OFFICERS EMPLOYED
BY COUNTY IN COURT OR ADMINISTRATIVE PROCEEDINGS. (a) A county
shall pay a peace officer employed by the county for an
appearance as a witness in a criminal suit, a civil suit, or an
administrative proceeding in which the county or other political
subdivision or government agency is a party in interest if the
appearance:
(1) is required;
(2) is made on time off; and
(3) is made by the peace officer in the capacity of a peace
officer.
(b) Payment under this section is at the peace officer's regular
rate of pay.
(c) Payment under this section may be taxed as court costs in
civil suits.
(d) This section does not reduce or prohibit compensation paid
in excess of the regular rate of pay.
Added by Acts 2009, 81st Leg., R.S., Ch.
412, Sec. 3, eff. June 19, 2009.