LOCAL GOVERNMENT CODE
CHAPTER 142. ASSISTANCE, BENEFITS, AND WORKING CONDITIONS OF
MUNICIPAL OFFICERS AND EMPLOYEES
§ 142.001. GENERAL PROVISIONS RELATING TO HOURS OF LABOR
AND VACATION OF MEMBERS OF FIRE AND POLICE DEPARTMENTS IN
MUNICIPALITIES. (a) In Sections 142.0013, 142.0015, and
142.0017, "work cycle" means the period in a posted work schedule
starting at the time the cycle begins and ending at the time the
cycle begins to repeat itself. The cycle may span any number of
days or weeks or a part of a day or week.
(b) A provision of Section 142.0013, 142.0015, or 142.0017
does not apply if it is inconsistent with a collective bargaining
agreement that was in effect on August 31, 1987, and was made in
accordance with The Fire and Police Employee Relations Act (Article
5154c-1, Vernon's Texas Civil Statutes).
(c) Sections 142.0013 and 142.0015 do not prohibit the chief
or head of a police department from assigning a police officer under
the chief's or head's jurisdiction or supervision to work periods of
uncompensated duty as prescribed by Section 143.055. A period of
uncompensated duty may not be considered or otherwise taken into
account in determining compliance with Section 142.0013 or
142.0015, and Section 142.0013 and Sections 142.0015(f), (g), (h),
and (j) do not apply to or include periods of uncompensated duty to
which a police officer is assigned.
(d) Sections 142.0013, 142.0015, and 142.0017 do not
prevent a fire fighter or police officer from working extra hours
when exchanging hours of work with another fire fighter or police
officer with the consent of the department head.
(e) A municipal official having charge of a fire department
or police department commits an offense if the official violates
Section 142.0013, 142.0015, or 142.0017. An offense under this
subsection is punishable by a fine of not less than $10 or more than
$100. Each day on which the municipal official causes or permits
the section to be violated constitutes a separate offense.
Amended by Acts 1989, 71st Leg., ch. 1, § 24(a), eff. Aug. 28,
1989.
§ 142.0013. HOURS OF LABOR AND VACATION OF MEMBERS OF
FIRE AND POLICE DEPARTMENTS IN CERTAIN MUNICIPALITIES. (a) A
member of a fire or police department in a municipality with a
population of more than 25,000 may not, except in an emergency, be
required to be on duty more than six days in a week.
(b) A member of a fire or police department in a
municipality with a population of more than 30,000 is entitled to 15
vacation days each year with pay if the member has been regularly
employed in the department or departments for at least one year.
The municipal officials supervising the fire and police departments
shall designate the days of the week during which a member of a fire
department or police department is not required to be on duty and
the days during which the member is allowed to be on vacation.
(c) A fire fighter and a police officer shall be granted the
same number of vacation days and holidays, or days in lieu of
vacation days or holidays, granted to other municipal employees.
Added by Acts 1989, 71st Leg., ch. 1, § 24(a), eff. Aug. 28,
1989.
§ 142.0015. HOURS OF LABOR AND VACATION OF MEMBERS OF
FIRE AND POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE
THAN 10,000. (a) This section applies only in a municipality with
a population of more than 10,000.
(b) A fire fighter or a member of a fire department who
provides emergency medical services who is not exempt under the
Fair Labor Standards Act of 1938, 29 U.S.C. Section 201 et seq., and
who is required or permitted to work more than the number of hours
that bears the same ratio to 212 hours as the number of days in the
work period bears to 28 days is considered to have worked overtime.
The person is entitled to be compensated for the overtime as
provided by Subsection (e).
(c) A member of a fire department who does not fight fires or
provide emergency medical services, including a mechanic, clerk,
investigator, inspector, fire marshal, fire alarm dispatcher, and
maintenance worker, who is not exempt under the Fair Labor
Standards Act of 1938, 29 U.S.C. section 201 et seq., and who is
required or permitted to average more hours in a week than the
number of hours in a normal work week of the majority of the
employees of the municipality other than fire fighters, emergency
medical service personnel, and police officers, is considered to
have worked overtime. The person is entitled to be compensated for
the overtime as provided by Subsection (e).
(d) In computing the hours in a work week or the average
number of hours in a work week during a work cycle of a fire fighter
or other member of a fire department covered by this section and 29
U.S.C. Section 207(k) and as provided by Subsections (b) and (c),
all hours are counted during which the fire fighter or other member
of a fire department is required to remain on call on the employer's
premises or so close to the premises that the person cannot use
those hours effectively for that person's own purposes. Hours in
which the fire fighter or other member of a fire department is
required to leave a telephone number at which that person may be
reached or is required to remain accessible by radio or pager are
not counted. In computing the hours in a work week or the average
number of hours in a work week during a work cycle of a fire fighter
or a member of a fire department who provides emergency medical
services, vacation, sick time, holidays, time in lieu of holidays,
or compensatory time may be excluded as hours worked.
(e) A fire fighter or other member of a fire department may
be required or permitted to work overtime. A fire fighter or other
member of a fire department who is not exempt under the Fair Labor
Standards Act of 1938, 29 U.S.C. Section 201 et seq., and who is
required or permitted to work overtime as provided by Subsections
(b) and (c) is entitled to be paid overtime for the excess hours
worked without regard to the number of hours worked in any one week
of the work cycle. Overtime hours are paid at a rate equal to 1-1/2
times the compensation paid to the fire fighter or member of the
fire department for regular hours.
(f) A police officer may not, except as provided by
Subsection (g) or (j), be required to work more hours during a
calendar week than the number of hours in the normal work week of
the majority of the employees of the municipality other than fire
fighters and police officers.
(g) In the event of an emergency, a police officer may be
required to work more hours than permitted by Subsection (f). An
emergency is an unexpected happening or event or an unforeseen
situation or crisis that calls for immediate action and requires
the chief or head of the police department to order a police officer
to work overtime.
(h) An officer required to work overtime in an emergency is
entitled to be compensated for the overtime at a rate equal to 1-1/2
times the compensation paid to the officer for regular hours unless
the officer elects, with the approval of the governing body of the
municipality, to accept compensatory time equal to 1-1/2 times the
number of overtime hours. For purposes of this subsection,
compensable hours of work include all hours during which a police
officer is:
(1) on duty on the premises of the municipality or at a
prescribed workplace or required or permitted to work for the
municipality, including preshift and postshift activities that
are:
(A) an integral part of the officer's principal
activity; or
(B) closely related to the performance of the
principal activity; and
(2) away from the premises of the municipality under
conditions that are so circumscribed that the officer is restricted
from effectively using the time for personal pursuits.
(i) Bona fide meal periods are not counted as hours worked.
For a bona fide meal period, which does not include coffee breaks or
time for snacks, a police officer must be completely relieved from
duty. Ordinarily, 30 minutes or more is long enough for a bona fide
meal period. A period shorter than 30 minutes may be long enough
for a bona fide meal period under special conditions. A police
officer is not relieved from duty if the officer is required to
perform any duties, whether active or inactive, during the meal
period.
(j) If a majority of police officers working for a
municipality sign a written waiver of the prohibition in Subsection
(f), the municipality may adopt a work schedule for police officers
requiring a police officer to work more hours than permitted by
Subsection (f). The officer is entitled to overtime pay if the
officer works more hours during a calendar month than the number of
hours in the normal work month of the majority of the employees of
the municipality other than fire fighters and police officers.
Added by Acts 1989, 71st Leg., ch. 1, § 24(a), eff. Aug. 28,
1989. Amended by Acts 1993, 73rd Leg., ch. 756, § 1, eff. Sept.
1, 1993.
§ 142.0016. USE OF COMPENSATORY TIME BY MEMBERS OF FIRE
AND POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE THAN
10,000. (a) This section applies only in a municipality with a
population of less than 1.5 million that is eligible to adopt civil
service under Chapter 143.
(b) A fire fighter or police officer may, with the approval
of the governing body of the municipality, accept instead of
overtime pay compensatory time at a rate equal to 1-1/2 times the
number of overtime hours.
(c) A fire fighter or police officer may use compensatory
time only when both the fire fighter or police officer and the
municipality agree the time may be used.
(d) A municipality may at any time pay a fire fighter or
police officer for all or part of the person's accumulated
compensatory time if both the fire fighter or police officer and the
municipality agree the time may be paid.
(e) If full payment for a fire fighter's or police officer's
accumulated compensatory time would exceed 10 percent of the
person's annual salary, the municipality may at its option defer
payment of the amount in excess of 10 percent until the first pay
period of the next fiscal year.
(f) A municipality shall pay for accumulated compensatory
time at a rate equal to the fire fighter's or police officer's
salary at the time the payment is made or at the time the payment was
requested, whichever is greater.
(g) If a fire fighter or police officer dies or terminates
employment for any reason, the municipality shall pay to the fire
fighter or police officer or to his estate the total value of all
the fire fighter's or police officer's accumulated compensatory
time.
Added by Acts 1989, 71st Leg., ch. 37, § 1, eff. Sept. 1, 1989.
§ 142.0017. HOURS OF LABOR AND VACATION OF MEMBERS OF
FIRE AND POLICE DEPARTMENTS IN MUNICIPALITY WITH POPULATION OF MORE
THAN 1.5 MILLION. (a) This section applies only in a municipality
with a population of more than 1.5 million.
(b) A fire fighter or fire fighter emergency medical
personnel may not be required or permitted to work more than an
average of 46.7 hours a week during a 72-day work cycle designated
by the department head. If the fire fighter or fire fighter
emergency medical services employee is required to work more than
an average of 46.7 hours a week during a 72-day work cycle
designated by the department head, the person is entitled to be
compensated for the overtime as provided by Subsection (f).
(c) A member of a fire department who does not fight fires or
provide emergency medical services, including a mechanic, clerk,
investigator, inspector, fire marshal, fire alarm dispatcher, and
maintenance worker, may not, except as provided by Subsection (d)
or (f):
(1) average more hours in a week than the number of
hours in a normal work week of the majority of the employees of the
municipality other than fire fighters, fire fighter emergency
medical personnel, and police officers; or
(2) be on duty for more days in a work week or average
more days on duty a week in a work cycle than the number of days on
duty during the work week of the majority of the employees of the
municipality other than fire fighters, fire fighter emergency
medical personnel, and police officers.
(d) If a majority of the members of the fire department
working as fire alarm dispatchers sign a written agreement with the
municipality that allows the municipality to require or permit fire
alarm dispatchers to average a specified number of hours of work a
week that is more than the number of hours allowed under Subsection
(c) but not more than an average of 46.7 hours a week during a 72-day
work cycle designated by the department head, the municipality may
adopt a work schedule for the members of the fire department working
as fire alarm dispatchers in accordance with the agreement. If
under Subsection (f) a member of a fire department working as a fire
alarm dispatcher is required to work more than the number of hours
allowed under the agreement, the person is entitled to be
compensated for the overtime as provided by Subsection (f). Each
agreement adopted under this subsection expires as provided by the
agreement, but not later than the first anniversary of the date that
the agreement takes effect. Subsection (c) applies when an
agreement adopted under this subsection is not in effect.
(e) In computing the hours in a work week or the average
number of hours in a work week during a work cycle of a fire fighter
or other member of a fire department as provided by Subsections
(b)-(d), all hours are counted:
(1) during which the fire fighter or other member of
the fire department is required to remain available for immediate
call to duty by continuously remaining in contact with a fire
department office by telephone or by radio; and
(2) that are sick time, vacation time, meal time,
holidays, compensatory time, death in the family leave, or any
other authorized leave.
(f) A fire fighter or other member of a fire department may
be required in an emergency to work more hours in a work week or work
cycle than permitted under Subsection (b), (c), or (d). The fire
fighter or other member of a fire department is entitled to be paid
overtime for the excess hours worked without regard to the number of
hours worked in any one week of the work cycle. Overtime hours are
paid at a rate equal to 1-1/2 times the compensation paid to the
fire fighter or other member of the fire department for regular
hours.
(g) A police officer may not, except as provided by
Subsections (h) and (j), be required or permitted to work more hours
during a calendar week than the number of hours in the normal work
week of the majority of the employees of the municipality other than
fire fighters and police officers.
(h) In the event of an emergency, a police officer may be
required to work more hours than permitted by Subsection (g). An
emergency is an unexpected happening or event or an unforeseen
situation or crisis that calls for immediate action and requires
the chief or head of the police department to order a police officer
to work overtime.
(i) A police officer required to work overtime in an
emergency is entitled to be compensated for the overtime at a rate
equal to 1-1/2 times the compensation paid to the officer for
regular hours unless the officer elects, with the approval of the
governing body of the municipality, to accept compensatory time
equal to 1-1/2 times the number of overtime hours. In computing the
hours in a work week or the average number of hours in a work week
during a work cycle of a police officer, all hours are counted:
(1) during which the police officer is required to
remain on call on the employer's premises or so close to those
premises that the officer cannot use the time effectively for the
officer's own purposes; and
(2) that are sick time, vacation time, meal time,
holidays, compensatory time, death in the family leave, or any
other authorized leave.
(j) If a majority of police officers working for a
municipality sign a written waiver of the prohibition in Subsection
(g), the municipality may adopt a work schedule for police officers
requiring a police officer to work more hours than permitted by
Subsection (g). The officer is entitled to overtime pay if the
officer works more hours during a calendar month than the number of
hours in the normal work month of the majority of the employees of
the municipality other than fire fighters and police officers.
Added by Acts 1989, 71st Leg., ch. 1, § 24(a), eff. Aug. 28,
1989. Amended by Acts 1989, 71st Leg., ch. 854, § 1, eff. June
14, 1989; Acts 1991, 72nd Leg., ch. 782, § 1, eff. June 16, 1991;
Acts 1997, 75th Leg., ch. 386, § 1, eff. May 28, 1997.
§ 142.002. TWO PLATOON FIRE SYSTEM AND HOURS OF LABOR IN
CERTAIN MUNICIPALITIES. (a) A municipality that maintains an
organized, paid fire department shall establish and maintain a two
platoon fire system if the municipality:
(1) has a population of 100,001 to 119,999 and is in a
county containing more than 900 square miles; or
(2) has a population of 265,000 or more and is in a
county containing more than 1,500 square miles.
(b) An employee of a fire department in a municipality
covered by Subsection (a) may not be required to be on duty more
than 10 consecutive hours during the daytime or more than 14
consecutive hours during the nighttime. The employee may not be
required to be on duty more than 14 hours in a period of 24
consecutive hours, except as provided by Subsection (c).
(c) The head or chief officer of a fire department or
company in a municipality covered by Subsection (a) shall arrange
the working hours of the employees of the department or company so
that the employees work, as nearly as practicable, an equal number
of hours each month. The working hours of the two platoons may be
arranged so that each works 24 hours on duty and has 24 hours off
duty. The head or chief officer of the department, or an aide or
assistant to the head or chief officer, may require an employee to
continue on duty during an emergency for a longer period than
specified by Subsection (b).
(d) A person commits an offense if the person violates this
section or causes this section to be violated. An offense under
this subsection is a misdemeanor and is punishable by a fine of not
less than $10 or more than $100. Each employee required or
permitted to work in violation of this section and each day the
section is violated constitute a separate offense.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 142.003. HOSPITAL AND MEDICAL ASSISTANCE FOR POLICE
RESERVE FORCE. (a) The governing body of a municipality may
provide hospital and medical assistance to a member of the police
reserve force who sustains injury in the course of performing
official duties in the same manner as provided by the governing body
for a full-time police officer.
(b) A police reserve officer is eligible for death benefits
as provided by Chapter 615, Government Code.
(c) This section does not authorize a member of a police
reserve force to become eligible for participation in a pension
fund created under state statute of which a regular officer may
become a member by payroll deductions or otherwise.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 76, § 5.95(33), eff. Sept. 1, 1995.
§ 142.004. PAYMENT OF HOSPITALIZATION COSTS FOR PEACE
OFFICERS AND FIRE FIGHTERS. (a) In this section, "peace officer"
means a peace officer as defined by Article 2.12, Code of Criminal
Procedure.
(b) If a peace officer or fire fighter employed by a
municipality sustains an injury in the performance of the person's
duties that results in permanent incapacity for work and requires
constant confinement in a hospital or other institution providing
medical treatment, the municipality may pay all costs of the
confinement in excess of amounts that are paid under a policy of
insurance or by another governmental entity.
(c) To the extent this section permits payments, the
municipality is subrogated to the rights of the peace officer or
fire fighter in a suit against a third party because of the injury.
(d) To receive funds under this section, a peace officer or
fire fighter must furnish the governing body of the municipality:
(1) proof that the injury was sustained in the
performance of the person's duties resulting in permanent
incapacity for work and requiring constant confinement for medical
treatment;
(2) proof of the part of the cost of confinement not
paid under a policy of insurance or by another governmental entity;
and
(3) any other information or evidence required by the
governing body.
(e) This section does not permit payment of costs of
constant confinement for medical treatment incurred before August
27, 1973.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 142.005. LIABILITY INSURANCE FOR FIRE AND POLICE
DEPARTMENT OFFICERS AND EMPLOYEES DRIVING EMERGENCY
VEHICLES. (a) A municipality may insure the officers and
employees of its fire and police departments and other municipal
employees who drive emergency vehicles against liability to third
persons arising from the use and operation of a motor vehicle used
as a municipal emergency medical, fire, or police vehicle in the
line of duty by procuring a policy for that purpose from an
insurance company authorized to do business in this state.
(b) Insurance taken out by a municipality must be on forms
approved by the State Board of Insurance.
(c) A municipality may not purchase liability insurance in
excess of $20,000 because of bodily injury to or death of one person
in any one accident, $100,000 because of bodily injury to or death
of two or more persons in any one accident, and $15,000 because of
injury to or destruction of property of others in any one accident.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2001, 77th Leg., ch. 402, § 11, eff. Sept. 1, 2001.
§ 142.006. MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
OFFICERS AND FIRE FIGHTERS. (a) This section does not apply to a
municipality covered by Section 142.007.
(b) A municipality shall provide for insuring each peace
officer and fire fighter in its employ against liability to third
persons arising out of the operation, maintenance, or use of a motor
vehicle owned or leased by the municipality.
(c) The liability coverage provided under this section must
be in amounts not less than those required by Chapter 601,
Transportation Code, to provide proof of financial responsibility.
(d) The municipality may elect to be self-insured or to
reimburse the actual cost of extended automobile liability
insurance endorsements obtained by a peace officer and fire fighter
on an individually owned automobile liability insurance policy.
The extended endorsements must:
(1) be in the amount required by Subsection (c); and
(2) extend the coverage to include the operation and
use of vehicles by a peace officer or fire fighter in the scope of
the officer's or fire fighter's employment.
(e) If the reimbursement method is used, the municipality
may require that a peace officer or fire fighter who operates and
uses a motor vehicle present proof that an extended coverage
endorsement has been purchased and is in effect for the period of
reimbursement.
(f) In this section, "motor vehicle" means any motor vehicle
for which motor vehicle automobile insurance may be written under
Subchapter A, Chapter 5, Insurance Code.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 268, § 38, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 165, § 30.216, eff. Sept. 1, 1997.
§ 142.007. MOTOR VEHICLE LIABILITY INSURANCE FOR FIRE
AND POLICE DEPARTMENT OFFICERS AND EMPLOYEES IN MUNICIPALITY OF
1,550,000 OR MORE. (a) A municipality with a population of
1,550,000 or more shall insure the officers and employees of its
fire and police departments against liability to third persons
arising out of the operation, maintenance, or use of a motor vehicle
owned or leased by the municipality.
(b) The municipality may elect to be self-insured or may
purchase insurance from an insurance company authorized to do
business in this state.
(c) Insurance purchased by the municipality must be on forms
approved by the State Board of Insurance.
(d) The municipality may not purchase liability insurance
in excess of $100,000 because of bodily injury to or death of one
person in any one accident, $300,000 because of bodily injury to or
death of two or more persons in any one accident, and $10,000
because of injury to or destruction of property of others in any one
accident.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 142.008. SALARY CONTINUATION PAYMENTS;
SUBROGATION. (a) If a municipality pays benefits to a municipal
employee under a salary continuation program when the employee is
injured, the municipality is subrogated to the employee's right of
recovery for personal injuries caused by the tortious conduct of a
third party other than another employee of the same municipality.
(b) The subrogation extends only to payments made by the
municipality.
(c) A municipality may not deny benefits under a salary
continuation program because a municipal employee has a cause of
action against a third party for personal injuries.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 142.009. PAYMENT FOR COURT APPEARANCES OF FIRE
FIGHTERS AND POLICE OFFICERS. (a) A municipality shall pay a fire
fighter or police officer for an appearance as a witness in a
criminal suit or a civil suit in which the municipality 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 fire fighter or police officer in
the capacity of a fire fighter or police officer.
(b) Payment under this section is at the fire fighter's or
police 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.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 142.010. DEFINITIONS. (a) In this chapter, "member
of the fire department" means an employee of the fire department who
is defined as "fire protection personnel" by Section 419.021,
Government Code.
(b) In this chapter, "member of the police department" means
an employee of the police department who has been licensed as a
peace officer by the Commission on Law Enforcement Standards and
Education.
Added by Acts 1989, 71st Leg., ch. 92, § 2, eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 1420, § 12.1032, eff. Sept.
1, 2001.
§ 142.011. EDUCATIONAL LEAVE. (a) On written
application by a member of the police department, a municipality
may grant the person a leave of absence to enable the person to
enroll full-time in college to pursue a course of study related to
law enforcement or public safety.
(b) The person is entitled to continue receiving employee
benefits, including health and life insurance and accumulation of
retirement credit, while on leave under Subsection (a) if the
person pays both the person's and the municipality's share of the
cost of the benefits.
(c) On reinstatement, the person shall receive full
seniority credit for the time spent on leave under Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 853, § 1, eff. Sept. 1, 1993.
§ 142.012. OVERTIME COMPENSATION FOR CERTAIN POLICE
DEPARTMENT OFFICERS AND CIVILIAN EMPLOYEES. (a) This section
applies only to a municipality with a population of one million or
more that has not adopted Chapter 143.
(b) Subject to the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), a municipality may but is not
required to establish a system under which compensation is paid or
compensatory time off is allowed for overtime worked by the
following officers and employees of the municipality's police
department:
(1) a police officer who has a rank above the rank of
captain and whose appointment to the officer's current rank was not
based at least in part on the officer's performance on a competitive
examination; or
(2) a civilian who receives a salary greater than the
lowest base salary that the municipality pays a captain and whose
appointment to the civilian's current position was not based at
least in part on the civilian's performance on a competitive
examination.
Added by Acts 2001, 77th Leg., ch. 928, § 1, eff. Sept. 1, 2001.
§ 142.013. BUSINESS LEAVE TIME ACCOUNT FOR POLICE
OFFICERS IN CERTAIN MUNICIPALITIES. (a) This section applies
only to police officers employed by a municipality with a
population of one million or more that has not adopted Chapter 174
and to which Section 143.1261 does not apply.
(b) In this section:
(1) "Business leave" means leave taken for the purpose
of attending to the business of an employee organization.
(2) "Employee organization" includes:
(A) the Texas Peace Officers Association;
(B) the Dallas Police Association;
(C) the Dallas Fraternal Order of Police; and
(D) the Latino Peace Officers Association.
(c) A police officer may donate not more than two hours for
each month of accumulated vacation or compensatory time to the
business leave time account of an employee organization. The
municipality shall establish and maintain a business leave time
account for each employee organization.
(d) The police officer must authorize the donation in
writing on a form provided by the employee organization and
approved by the municipality. After receiving the signed
authorization on an approved form, the municipality shall transfer
donated time to the account monthly until the municipality receives
the police officer's written revocation of the authorization.
(e) Only a police officer who is a member of an employee
organization may use for business leave purposes the time donated
to the account of that employee organization. A police officer may
use for business leave purposes the time donated under this section
without receiving a reduction in salary and without reimbursing the
municipality.
(f) A request to use for business leave purposes the time in
an employee organization's time account must be in writing and
submitted to the municipality by the president or the equivalent
officer of the employee organization or by that officer's designee.
(g) The municipality shall grant a request for business
leave that complies with Subsection (f) unless:
(1) denial of the request is necessary because of an
emergency; or
(2) a grant of the request will result in having an
insufficient number of police officers to carry out the normal
functions of the municipality.
(h) The municipality shall account for the time donated to
the account and used from the account. The municipality shall
credit and debit the account on an hour-for-hour basis regardless
of the cash value of the time donated or used.
(i) An employee organization may not use for business leave
purposes more than 4,000 hours from its business leave time account
under this section in a calendar year. This subsection does not
prevent an employee organization from accumulating more than 4,000
hours, but only addresses the total number of donated hours that an
employee organization may use in any calendar year.
(j) The use of business leave by a police officer under this
section is not a break in service for any purpose and is treated as
any other paid leave.
Added by Acts 2003, 78th Leg., ch. 447, § 1, eff. June 20, 2003.
