Tex. Local Gov't Code Section 143.035
Alternate Promotional System in Police Department


(a)

This section does not apply to a municipality that has adopted The Fire and Police Employee Relations Act (Article 5154c-1, Vernon’s Texas Civil Statutes).

(b)

On the recommendation of the head of the police department and a majority vote of the sworn police officers in the department, the commission may adopt an alternate promotional system to select persons to occupy nonentry level positions other than positions that are filled by appointment by the department head. The promotional system must comply with the requirements prescribed by this section.

(c)

The commission shall order the director to conduct an election and to submit the revised promotional system either to all sworn police officers within the rank immediately below the classification for which the promotional examination is to be administered or to all sworn police officers in the department.

(d)

The director shall hold the election on or after the 30th day after the date notice of the election is posted at the department. The election shall be conducted throughout each regular work shift at an accessible location within the department during a 24-hour period.

(e)

The ballot shall contain the specific amendment to the promotional procedure. Each sworn police officer shall be given the opportunity to vote by secret ballot “for” or “against” the amendment.

(f)

The revised promotional system must be approved by a majority vote of the sworn police officers voting. A defeated promotional system amendment may not be placed on a ballot for a vote by the sworn police officers for at least 12 months after the date the prior election was held, but this provision does not apply if the head of the department recommends a different proposal to the commission.

(g)

The commission shall canvass the votes within 30 days after the date the election is held. An appeal alleging election irregularity must be filed with the commission within five working days after the date the election closes. If approved by the sworn police officers, the promotional system amendment becomes effective after all election disputes have been ruled on and the election votes have been canvassed by the commission.

(h)

At any time after an alternate promotional system has been adopted under this section and has been in effect for at least 180 days, the department head may petition the commission to terminate the alternate system, and the commission shall terminate the alternate system.

(i)

At any time after an alternate promotional system has been adopted under this section and has been in effect for at least 180 days, a petition signed by at least 35 percent of the sworn police officers may be submitted to the commission asking that the alternate promotional system be reconsidered. If a petition is submitted, the commission shall, within 60 days after the date the petition is filed, hold an election as prescribed by this section. If a majority of those voting vote to terminate, the commission shall terminate the alternate promotional system.

(j)

If the alternate system is terminated, an additional list may not be created under the alternate system.

(k)

A promotional list may not be created if an election under this section is pending. An existing eligibility list, whether created under the system prescribed by this chapter or created under an alternate system adopted under this section, may not be terminated before or extended beyond its expiration date. A person promoted under an alternate system has the same rights and the same status as a person promoted under this chapter even if the alternate system is later terminated.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 1018, Sec. 1, eff. Aug. 30, 1993.

Source: Section 143.035 — Alternate Promotional System in Police Department, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­143.­htm#143.­035 (accessed Mar. 23, 2024).

143.001
Purpose
143.002
Municipalities Covered by Chapter
143.003
Definitions
143.004
Election to Adopt or Repeal Chapter
143.005
Status of Employees if Chapter Adopted
143.006
Implementation: Commission
143.007
Removal of Commission Member
143.008
Adoption and Publication of Rules
143.009
Commission Investigations and Inspections
143.010
Commission Appeal Procedure
143.011
Decisions and Records
143.012
Director
143.013
Appointment and Removal of Department Head
143.014
Appointment and Removal of Person Classified Immediately Below Department Head
143.015
Appeal of Commission Decision to District Court
143.016
Penalty for Violation of Chapter
143.021
Classification
143.022
Physical Requirements and Examinations
143.023
Eligibility for Beginning Position
143.024
Entrance Examination Notice
143.025
Entrance Examinations
143.026
Procedure for Filling Beginning Positions
143.027
Probationary Period
143.028
Eligibility for Promotion
143.029
Promotional Examination Notice
143.030
Eligibility for Fire Department Promotional Examination
143.031
Eligibility for Police Department Promotional Examination
143.032
Promotional Examination Procedure
143.033
Promotional Examination Grades
143.034
Review and Appeal of Promotional Examination
143.035
Alternate Promotional System in Police Department
143.036
Procedure for Making Promotional Appointments
143.037
Record of Certification and Appointment
143.038
Temporary Duties in Higher Classification
143.041
Salary
143.042
Assignment Pay
143.043
Field Training Officer Assignment Pay
143.045
Accumulation and Payment of Sick Leave
143.046
Vacations
143.047
Shift Differential Pay
143.0051
Status of Employees in Certain Fire Departments
143.051
Cause for Removal or Suspension
143.0052
Fee for Emergency Medical Services
143.052
Disciplinary Suspensions
143.053
Appeal of Disciplinary Suspension
143.054
Demotions
143.055
Uncompensated Duty of Police Officers
143.056
Procedures After Felony Indictment or Misdemeanor Complaint
143.057
Hearing Examiners
143.071
Leaves of Absence
143.072
Military Leave of Absence
143.073
Line of Duty Illness or Injury Leave of Absence
143.074
Reappointment After Recovery from Disability
143.075
Military Leave Time Accounts
143.081
Determination of Physical and Mental Fitness
143.082
Efficiency Reports
143.083
Emergency Appointment of Temporary Fire Fighters
143.084
Civil Service Status and Pension Benefits for Certain Fire Fighters
143.085
Force Reduction and Reinstatement List
143.086
Political Activities
143.087
Strike Prohibition
143.088
Unlawful Resignation or Retirement
143.089
Personnel File
143.090
Release of Photographs of Police Officers
143.102
Appointment of Assistant Chief
143.103
Specialized Police Divisions
143.104
Examination Procedure
143.105
Eligibility for Beginning Position in Police Department
143.106
Eligibility for Fire Department Promotional Examination
143.107
Promotional Examination Notice
143.108
Promotional Examination Grades
143.109
Crossover Promotions in Police Department
143.110
Salary
143.111
Temporary Duties in Higher Classification
143.112
Educational Incentive Pay
143.113
Assignment Pay
143.115
Payment of Accumulated Vacation Leave in Populous Municipality
143.116
Payment of Sick Leave on Termination of Service
143.117
Disciplinary Suspensions
143.118
Appeal of Disciplinary Suspension
143.119
Indefinite Suspensions
143.120
Appeal of Indefinite Suspension
143.121
Appeal to District Court
143.122
Uncompensated Duty
143.123
Investigation of Fire Fighters and Police Officers
143.124
Polygraph Examinations
143.125
Police Department Probationary Period After Reappointment in Populous Municipality
143.126
Legislative Leave
143.127
Grievance Procedure
143.128
Step I Grievance Procedure
143.129
Step Ii Grievance Procedure
143.130
Step Iii Grievance Procedure
143.131
Step Iv Grievance Procedure
143.132
Grievance Examiner
143.133
Special Provisions for Steps I and Ii
143.134
Miscellaneous Grievance Provisions
143.135
Mediation
143.201
Population
143.202
Definitions
143.203
General Provisions Relating to Agreements, Recognition, and Strikes
143.204
Recognition of Fire Fighter Association
143.205
Open Records Required
143.206
Enforceability of Agreement
143.207
Agreement Supersedes Conflicting Provisions
143.208
Repeal of Agreement by Electorate
143.209
Protected Rights of Individual Employees
143.0251
Reappointment After Resignation
143.301
Municipalities Covered by Subchapter
143.302
Definitions
143.303
General Provisions Relating to Agreements, Recognition, and Strikes
143.304
Recognition of Fire Fighters or Police Officers Association
143.305
Open Records Required
143.306
Enforceability of Agreement
143.307
Agreement Supersedes Conflicting Provisions
143.308
Repeal of Agreement by Electorate
143.309
Protected Rights of Individual Employees
143.310
Binding Interest Arbitration
143.311
Appointments to Classification Immediately Below Department Head
143.312
Investigation of Fire Fighters and Police Officers
143.313
Polygraph Examinations
143.351
Applicability
143.352
Definitions
143.353
General Provisions Relating to Agreements, Recognition, and Strikes
143.354
Recognition of Police Employee Group
143.358
Open Records Required
143.359
Enforceability of Agreement
143.360
Election to Ratify Agreement
143.361
Agreement Supersedes Conflicting Provisions
143.362
Repeal of Agreement by Electorate
143.363
Protected Rights of Individual Employees
143.401
Applicability
143.402
Election to Adopt or Repeal Subchapter
143.403
Status of Employees if Subchapter Adopted
143.1014
Notice Requirement for Certain Meetings or Hearings
143.1015
Commission Appeal Procedure
143.1016
Hearing Examiners
143.1017
Procedures After Felony Indictment or Other Crime of Moral Turpitude
143.1018
Ex Parte Communications
143.1041
Entrance Examination for Beginning Peace Officer Position in Police Department
143.1051
Eligibility for Beginning Position in Fire Department
143.1055
Applicant for Beginning Position in Police Department with Previous Experience
143.1095
Transfers in Position in Same Classification in Fire Department
143.1115
Determination of Physical and Mental Fitness
143.1155
Accumulated Vacation and Holiday Leave
143.1214
Records Related to Disciplinary Actions or Charges of Misconduct
143.1215
Reinstatement
143.1216
Certain Nondisciplinary Actions
143.1251
Reappointment After Resignation
143.1261
Legislative Leave Account
143.3015
Limitation on Municipalities Covered by Subchapter: Voter Approval

Accessed:
Mar. 23, 2024

§ 143.035’s source at texas​.gov