Tex. Local Gov't Code Section 143.010
Commission Appeal Procedure


(a)

Except as otherwise provided by this chapter, if a fire fighter or police officer wants to appeal to the commission from an action for which an appeal or review is provided by this chapter, the fire fighter or police officer need only file an appeal with the commission within 10 days after the date the action occurred.

(b)

The appeal must include the basis for the appeal and a request for a commission hearing. The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements.

(c)

In each hearing, appeal, or review of any kind in which the commission performs an adjudicatory function, the affected fire fighter or police officer is entitled to be represented by counsel or a person the fire fighter or police officer chooses. Each commission proceeding shall be held in public.

(d)

The commission may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and for the production of documentary material.

(e)

The affected fire fighter or police officer may request the commission to subpoena any books, records, documents, papers, accounts, or witnesses that the fire fighter or police officer considers pertinent to the case. The fire fighter or police officer must make the request before the 10th day before the date the commission hearing will be held. If the commission does not subpoena the material, the commission shall, before the third day before the date the hearing will be held, make a written report to the fire fighter or police officer stating the reason it will not subpoena the requested material. This report shall be read into the public record of the commission hearing.

(f)

Witnesses may be placed under the rule at the commission hearing.

(g)

The commission shall conduct the hearing fairly and impartially as prescribed by this chapter and shall render a just and fair decision. The commission may consider only the evidence submitted at the hearing.

(h)

The commission shall maintain a public record of each proceeding with copies available at cost.

(i)

In addition to the requirements prescribed by this section, an appeal to the commission in a municipality with a population of 1.5 million or more must meet the requirements prescribed by Section 143.1015 (Commission Appeal Procedure; Subpoena Request).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 25(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1248, Sec. 48, eff. Sept. 1, 1989.

Source: Section 143.010 — Commission Appeal Procedure, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­143.­htm#143.­010 (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

§ 143.010’s source at texas​.gov