Sec. 142.013. BUSINESS LEAVE TIME ACCOUNT FOR POLICE OFFICERS IN CERTAIN MUNICIPALITIES  


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  • (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 and to which Section 143.1261 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) The police officer must authorize the donation in writing on a form provided by the employee organization and approved by the municipality. 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.

    (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) An employee organization may not use for business leave purposes more than 4,000 hours from its business leave time account under this section in a calendar year. This subsection does not prevent an employee organization from accumulating more than 4,000 hours, but only addresses the total number of donated hours that an employee organization may use in any calendar year.

    (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 , Sec. 2, eff. June 17, 2011.