Tex. Local Gov't Code Section 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 (Fire and Police Employee Relations) and to which Section 143.1261 (Legislative Leave Account) 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;

(D)

the Latino Peace Officers Association; and

(E)

the Black Police Association of Greater Dallas.

(c)

If the constitution and bylaws of an employee organization authorize the employee organization to participate in the establishment and maintenance of a business leave time account as provided by this section, 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 the employee organization. The municipality shall establish and maintain a business leave time account for each employee organization.

(d)

Donations to the business leave time account of an employee organization by its members may be authorized in one of the following ways:

(1)

if the majority of the membership of the employee organization has not affirmatively voted to require contributions by the employee organization’s members to its business leave time account:

(A)

a police officer must authorize the donation in writing on a form provided by the employee organization and approved by the municipality; and

(B)

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; or

(2)

if the majority of the membership of the employee organization has affirmatively voted to require contributions by the employee organization’s members to its business leave time account:

(A)

except as provided by Paragraph (C), the municipality shall transfer donated time to the employee organization’s business leave time account from the accumulated vacation or compensatory time of each police officer who is a member of the employee organization in the amount approved by vote of the employee organization not to exceed the amount allowed under Subsection (c);

(B)

the municipality shall transfer the donated time to the account monthly beginning with the first calendar month that begins after the date of the employee organization vote requiring contributions; and

(C)

each year, during the period beginning on the 60th day before the anniversary of the first day of the first calendar month in which donations were first transferred to the business leave time account of the employee organization under Paragraph (B) and ending on the 30th day before that anniversary, a police officer who is a member of the employee organization may inform the municipality in writing on a form provided by the employee organization and approved by the municipality that the police officer chooses to not donate time to the account during the 12-month period beginning with that anniversary.

(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)

Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1011, Sec. 2, eff. September 1, 2013.

(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, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 734 (H.B. 1057), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1011 (H.B. 2509), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1011 (H.B. 2509), Sec. 2, eff. September 1, 2013.

Source: Section 142.013 — Business Leave Time Account for Police Officers in Certain Municipalities, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­142.­htm#142.­013 (accessed Jun. 5, 2024).

142.001
General Provisions Relating to Hours of Labor and Vacation of Members of Fire and Police Departments in Municipalities
142.002
Two Platoon Fire System and Hours of Labor in Certain Municipalities
142.003
Hospital and Medical Assistance for Police Reserve Force
142.004
Payment of Hospitalization Costs for Peace Officers and Fire Fighters
142.005
Liability Insurance for Fire and Police Department Officers and Employees Driving Emergency Vehicles
142.006
Motor Vehicle Liability Insurance for Peace Officers and Fire Fighters
142.008
Salary Continuation Payments
142.009
Payment for Appearances of Fire Fighters and Police Officers in Court or Administrative Proceedings
142.010
Definitions
142.011
Educational Leave
142.012
Overtime Compensation for Certain Police Department Officers and Civilian Employees
142.0013
Hours of Labor and Vacation of Members of Fire and Police Departments in Certain Municipalities
142.013
Business Leave Time Account for Police Officers in Certain Municipalities
142.014
Business Leave Time Account for Firefighters in Certain Municipalities
142.051
Applicability
142.052
Definitions
142.053
Petition for Recognition: Election or Action by Governing Body
142.054
Certification Election
142.055
Election to Authorize Operating Under This Subchapter
142.056
Change or Modification of Recognition
142.057
Strikes Prohibited
142.058
Recognition of Police Officers Association
142.059
General Provisions Relating to Agreements
142.060
Selection of Bargaining Agent
142.061
Protected Rights of Police Officer
142.062
Open Records
142.063
Open Deliberations
142.064
Ratification and Enforceability of Agreement
142.065
Action or Election to Repeal Authorization to Operate Under This Subchapter
142.066
Election to Repeal Agreement
142.067
Agreement Supersedes Conflicting Provisions
142.068
Effect on Existing Benefits and Rights
142.101
Applicability
142.102
Definitions
142.103
Petition for Recognition: Election or Action by Governing Body
142.104
Certification Election
142.105
Election to Authorize Operating Under This Subchapter
142.106
Change or Modification of Recognition
142.107
Strikes Prohibited
142.108
Recognition of Firefighters Association
142.109
General Provisions Relating to Agreements
142.110
Selection of Bargaining Agent
142.111
Protected Rights of Firefighter
142.112
Open Records
142.113
Open Deliberations
142.114
Ratification and Enforceability of Agreement
142.115
Action or Election to Repeal Authorization to Operate Under This Subchapter
142.116
Election to Repeal Agreement
142.117
Agreement Supersedes Conflicting Provisions
142.118
Preemption of Other Law
142.119
Effect on Existing Benefits
142.151
Applicability
142.152
Definitions
142.153
General Provisions Relating to Agreements
142.154
Strikes Prohibited
142.155
Recognition of Emergency Medical Services Personnel Association
142.156
Election
142.157
Selection of Bargaining Agents
142.158
Open Records Required
142.159
Ratification and Enforceability of Agreement
142.160
Agreement Supersedes Conflicting Provisions
142.161
Repeal of Agreement by Electorate
142.162
Protected Rights of Individual Employees
142.163
Binding Interest Arbitration
142.1565
Election to Authorize Operating Under This Subchapter
142.1605
Action or Election to Repeal Authorization to Operate Under This Subchapter

Accessed:
Jun. 5, 2024

§ 142.013’s source at texas​.gov