Texas Local Government Code
§ 143.014 — APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED IMMEDIATELY BELOW DEPARTMENT HEAD
LG § 143.014Title 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES · Part A. MUNICIPAL OFFICERS AND EMPLOYEES · Ch. 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS · Art. A. GENERAL PROVISIONS
Statute text
View on source(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
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Legislative history
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.