Tex.
Local Gov't Code Section 142.014
Business Leave Time Account for Firefighters in Certain Municipalities
(a)
This section applies only to firefighters 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 Chapter 143 (Municipal Civil Service for Firefighters and Police Officers) 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 Dallas Fire Fighters Association;(B)
the Dallas Black Fire Fighters Association; and(C)
the Dallas Hispanic Firefighters Association.(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 firefighter who is a member of an employee organization may donate not more than one hour of accumulated vacation or compensatory time for each calendar quarter to the business leave time account of the employee organization to which the firefighter belongs. The municipality shall establish and maintain a separate business leave time account for each employee organization that has approved or ratified the use of business leave time by its members under this section and has a specific provision in the constitution and bylaws of that employee organization.(c-1)
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 firefighter 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 firefighter’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 firefighter 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;(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 firefighter 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 firefighter chooses to not donate time to the account during the 12-month period beginning with that anniversary; and(D)
the employee organization shall make up for the costs which incurred during the business leave by payment to the municipality in the amount equal to the overtime, pension and healthcare costs associated with replacing the firefighter on business leave.(d)
Only a firefighter who is a member of an employee organization may use for business leave purposes the time donated to the account of the employee organization. A firefighter may use for business leave purposes the time donated under this section without receiving a reduction in salary and without reimbursing the municipality.(e)
A request to use for business leave purposes the time in an employee organization’s time account must be in writing and be submitted to the municipality by the president or the equivalent officer of the employee organization or by that officer’s designee.(f)
The municipality shall grant a request for business leave that complies with Subsection (e) 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 firefighters to carry out the normal functions of the municipality.(g)
The municipality shall account for the time donated to each account and used from each account. The municipality shall credit and debit an account on an hour-for-hour basis regardless of the cash value of the time donated or used.(h)
Repealed by Acts 2023, 88th Leg., R.S., Ch. 751 (H.B. 3980), Sec. 2, eff. September 1, 2023.(i)
The use of business leave by a firefighter under this section is not a break in service for any purpose and is treated as any other paid leave.
Source:
Section 142.014 — Business Leave Time Account for Firefighters in Certain Municipalities, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.142.htm#142.014 (accessed Apr. 20, 2024).
