CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS
LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE C. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES OF
MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND
EMPLOYEES OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL
GOVERNMENTS
Sec. 180.001. COERCION OF POLICE OFFICER OR FIRE FIGHTER IN
CONNECTION WITH POLITICAL CAMPAIGN. (a) An individual commits
an offense if the individual coerces a police officer or a fire
fighter to participate or to refrain from participating in a
political campaign.
(b) An offense under this section is a misdemeanor and is
punishable by a fine of not less than $500 or more than $2,000,
confinement in the county jail for not more than two years, or
both a fine and confinement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 180.002. DEFENSE OF CIVIL SUITS AGAINST PEACE OFFICERS,
FIRE FIGHTERS, AND EMERGENCY MEDICAL PERSONNEL. (a) In this
section, "peace officer" has the meaning assigned by Article
2.12, Code of Criminal Procedure.
(b) A municipality or special purpose district shall provide a
municipal or district employee who is a peace officer, fire
fighter, or emergency medical services employee with legal
counsel without cost to the employee to defend the employee
against a suit for damages by a party other than a governmental
entity if:
(1) legal counsel is requested by the employee; and
(2) the suit involves an official act of the employee within the
scope of the employee's authority.
(c) To defend the employee against the suit, the municipality or
special purpose district may provide counsel already employed by
it or may employ private counsel.
(d) If the municipality or special purpose district fails to
provide counsel as required by Subsection (b), the employee may
recover from it the reasonable attorney's fees incurred in
defending the suit if the trier of fact finds:
(1) that the fees were incurred in defending a suit covered by
Subsection (b); and
(2) that the employee is without fault or that the employee
acted with a reasonable good faith belief that the employee's
actions were proper.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 42(a), eff. Aug. 28,
1989.
Sec. 180.003. MAXIMUM DUTY HOURS OF PEACE OFFICERS. (a) In a
county with a population of 239,000 to 242,000, a sheriff,
deputy, constable, or other peace officer of the county or a
municipality located in the county may not be required to be on
duty more than 48 hours a week unless the peace officer is called
on by a superior officer to serve during an emergency as
determined by the superior officer.
(b) Hours of duty over 48 hours a week, compiled by a peace
officer under Subsection (a), may be treated as overtime and may
be deducted from future required hours of duty if:
(1) the overtime is used within one year after it is compiled;
and
(2) the peace officer obtains the permission of the superior
officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 93, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 669, Sec. 72, eff. Sept. 1, 2001.
Sec. 180.004. WORKING CONDITIONS FOR PREGNANT EMPLOYEES. (a)
In this section, "office" means a municipal or county office,
department, division, program, commission, bureau, board,
committee, or similar entity.
(b) A municipality or a county shall make a reasonable effort to
accommodate an employee of the municipality or county who is
determined by a physician to be partially physically restricted
by a pregnancy.
(c) If the physician of a municipal or county employee certifies
that the employee is unable to perform the duties of the
employee's permanent work assignment as a result of the
employee's pregnancy and if a temporary work assignment that the
employee may perform is available in the same office, the office
supervisor who is responsible for personnel decisions shall
assign the employee to the temporary work assignment.
Added by Acts 2001, 77th Leg., ch. 533, Sec. 1, eff. Sept. 1,
2001.
Sec. 180.005. APPOINTMENTS TO LOCAL GOVERNING BODIES. (a) In
this section, "local government" means a county, municipality, or
other political subdivision of this state.
(b) An appointment to the governing body of a local government
shall be made as required by the law applicable to that local
government and may be made with the intent to ensure that the
governing body is representative of the constituency served by
the governing body.
(c) A local government that chooses to implement Subsection (b)
shall adopt procedures for the implementation.
Added by Acts 2003, 78th Leg., ch. 301, Sec. 8, eff. Sept. 1,
2003.
Sec. 180.006. SOVEREIGN OR GOVERNMENTAL IMMUNITY WAIVED FOR
CERTAIN CLAIMS. (a) This section applies only to a firefighter
or police officer covered by:
(1) Chapter 141, 142, or 143 or this chapter;
(2) a municipal charter provision conferring civil service
benefits of a municipality that has not adopted Chapter 143; or
(3) a municipal ordinance enacted under Chapter 142 or 143.
(b) A firefighter or police officer described by Subsection (a)
who alleges the employing municipality's denial of monetary
benefits associated with the recovery of back pay authorized
under a provision listed in Subsection (a) or a firefighter
described by Subsection (a) who alleges the denial of monetary
civil penalties associated with recovery of back pay owed under
Section 143.134(h) may seek judicial review of such denial only
as provided in Subsections (e) and (f), provided that if there is
no applicable grievance, administrative or contractual appeal
procedure available under Subsection (e), the firefighter or
police officer may file suit against the employing municipality
directly in district court under the preponderance of the
evidence standard of review.
(c) Sovereign and governmental immunity of the employing
municipality from suit and liability is waived only to the extent
of liability for the monetary benefits or monetary civil
penalties described by Subsection (b). This section does not
waive sovereign or governmental immunity from suit or liability
for any other claim, including a claim involving negligence, an
intentional tort, or a contract unless otherwise provided by the
statute.
(d) This section does not:
(1) grant immunity from suit to a local governmental entity;
(2) waive a defense or a limitation on damages, attorney's fees,
or costs available to a party to a suit under this chapter or
another statute, including a statute listed in Subsection (a)(1);
or
(3) modify an agreement under Chapter 142, 143, or 174.
(e) Before seeking judicial review as provided by Subsection
(b), a firefighter or police officer must initiate action
pursuant to any applicable grievance or administrative appeal
procedures prescribed by state statute or agreement and must
exhaust the grievance or administrative appeal procedure.
(f) If judicial review is authorized under statute, judicial
review of the grievance or administrative appeal decision is
under the substantial evidence rule, unless a different standard
of review is provided by the provision establishing the grievance
or administrative appeal procedure.
(g) This section does not apply to an action asserting a right
or claim based wholly or partly, or directly or indirectly, on a
referendum election held before January 1, 1980, or an ordinance
or resolution implementing the referendum.
Added by Acts 2007, 80th Leg., R.S., Ch.
1200, Sec. 1, eff. June 15, 2007.