2005 Texas Government Code CHAPTER 614. PEACE OFFICERS AND FIRE FIGHTERS

GOVERNMENT CODE

CHAPTER 614. PEACE OFFICERS AND FIRE FIGHTERS

SUBCHAPTER A. LEGISLATIVE LEAVE FOR PEACE OFFICER OR FIRE FIGHTER


	§ 614.001. DEFINITIONS.  In this subchapter:                                
		(1)  "Employer" means the governmental entity that 
employs or appoints a peace officer or fire fighter or that the 
peace officer or fire fighter is elected to serve.
		(2)  "Fire fighter" means a member of a fire department 
who performs a function listed in Section 143.003(4), Local 
Government Code, without regard to whether the individual is 
subject to a civil service system or program.
		(3)  "Peace officer" means an individual elected, 
appointed, or employed to serve as a peace officer for a 
governmental entity under Article 2.12, Code of Criminal Procedure, 
or other law.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.002. APPLICABILITY OF SUBCHAPTER.  This subchapter 
applies only to a peace officer or fire fighter employed by:
		(1)  the state;                                                               
		(2)  a municipality with a population of 200,000 or 
more;  or               
		(3)  a county with a population of 500,000 or more.                           

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.003. ENTITLEMENT TO LEGISLATIVE LEAVE.  A peace 
officer or fire fighter is entitled as provided by this subchapter 
to legislative leave to serve in, appear before, or petition a 
governmental body during a regular or special session of the body.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.004. ELIGIBILITY FOR LEGISLATIVE LEAVE.  (a) To be 
eligible for legislative leave, a peace officer or fire fighter 
must submit a written application to the individual's employer on 
or before the 30th day before the date the individual intends to 
begin the legislative leave.
	(b)  The application must state the length of the requested 
leave and that the peace officer or fire fighter is willing to 
reimburse the employer for any wages, pension, or other costs the 
employer will incur as a result of the leave.
	(c)  The length of requested leave may not exceed the length 
of the session. 

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.005. MONEY REQUIRED TO OFFSET COSTS OF LEGISLATIVE 
LEAVE.  (a) An employer may require reimbursement of all costs 
associated with legislative leave under this subchapter.
	(b)  Within 30 days after the date an employer receives an 
application, the employer shall notify the peace officer or fire 
fighter in writing of the actual amount of money required to offset 
the costs the employer will incur.
	(c)  An employer may require a peace officer or fire fighter 
to post the money before granting the leave.
	(d)  A peace officer or fire fighter shall give to the 
employer a sworn statement identifying the source of the money 
posted.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.006. EMPLOYER TO GRANT LEGISLATIVE LEAVE;  
EXCEPTIONS.  An employer shall grant legislative leave to a peace 
officer or fire fighter who submits an application as prescribed by 
this subchapter and who complies with any requirement relating to 
payment of costs:
		(1)  except in an emergency;  or                                              
		(2)  unless granting the leave will result in having an 
insufficient number of employees to carry out the normal functions 
of the employer.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.007. INSUFFICIENCY IN NUMBER OF EMPLOYEES;  
EXCHANGE OF TIME BY OTHER EMPLOYEES.  (a) If an employer determines 
that granting a legislative leave will result in having an 
insufficient number of employees to carry out the normal functions 
of the employer, another peace officer or fire fighter of equal rank 
may volunteer to exchange time of work with the applicant if 
overtime does not result.
	(b)  The employer shall allow a volunteer under Subsection 
(a) to work for the applicant and shall grant the legislative leave, 
if overtime will not result and if the volunteer work will result in 
having a sufficient number of employees.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.008. LEGISLATIVE LEAVE NOT A BREAK IN 
SERVICE.  Legislative leave under this subchapter is not a break in 
service for any purpose and is treated as any other paid leave, 
except as provided by Section 614.005.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.009. LEGISLATIVE LEAVE TO ATTEND SESSION OF 
CONGRESS.  Legislative leave granted under this subchapter to a 
peace officer or fire fighter to attend a session of the Congress of 
the United States shall be granted for not longer than 30 percent of 
the applicant's total annual working days during each year in which 
leave is requested.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.010. EMPLOYEES' ASSOCIATION MAY NOT REIMBURSE 
CERTAIN COSTS.  A peace officers' or fire fighters' association may 
not reimburse a member of the legislature or an employer of a peace 
officer or fire fighter who serves as a member of the legislature 
for wages, pension contributions, or other costs incurred as a 
result of legislative leave taken under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           

SUBCHAPTER B. COMPLAINT AGAINST LAW ENFORCEMENT OFFICER OR FIRE 
FIGHTER


	§ 614.021. APPLICABILITY OF SUBCHAPTER.  (a) Except as 
provided by Subsection (b), this subchapter applies only to a 
complaint against:
		(1)  a law enforcement officer of the State of Texas, 
including an officer of the Department of Public Safety or of the 
Texas Alcoholic Beverage Commission;
		(2)  a fire fighter who is employed by this state or a 
political subdivision of this state;
		(3)  a peace officer under Article 2.12, Code of 
Criminal Procedure, or other law who is appointed or employed by a 
political subdivision of this state;  or
		(4)  a detention officer or county jailer who is 
appointed or employed by a political subdivision of this state.
	(b)  This subchapter does not apply to a peace officer or 
fire fighter appointed or employed by a political subdivision that 
is covered by a meet and confer or collective bargaining agreement 
under Chapter 143 or 174, Local Government Code, if that agreement 
includes provisions relating to the investigation of, and 
disciplinary action resulting from, a complaint against a peace 
officer or fire fighter, as applicable.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 2005, 79th Leg., ch. 507, § 1, eff. Sept. 1, 
2005.


	§ 614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY 
COMPLAINANT.  To be considered by the head of a state agency or by 
the head of a fire department or local law enforcement agency, the 
complaint must be:
		(1)  in writing;  and                                                         
		(2)  signed by the person making the complaint.                               

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 2005, 79th Leg., ch. 507, § 1, eff. Sept. 1, 
2005.


	§ 614.023. COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR 
EMPLOYEE.  (a) A copy of a signed complaint against a law 
enforcement officer of this state or a fire fighter, detention 
officer, county jailer, or peace officer appointed or employed by a 
political subdivision of this state shall be given to the officer or 
employee within a reasonable time after the complaint is filed.
	(b)  Disciplinary action may not be taken against the officer 
or employee unless a copy of the signed complaint is given to the 
officer or employee.
	(c)  In addition to the requirement of Subsection (b), the 
officer or employee may not be indefinitely suspended or terminated 
from employment based on the subject matter of the complaint 
unless:
		(1)  the complaint is investigated;  and                                      
		(2)  there is evidence to prove the allegation of 
misconduct.               

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 2005, 79th Leg., ch. 507, § 1, eff. Sept. 1, 
2005.

SUBCHAPTER C. PROHIBITION AGAINST COLLECTING DEBT FOR ANOTHER


	§ 614.041. COLLECTING DEBT FOR ANOTHER;  OFFENSE.  (a) A 
peace officer commits an offense if the officer:
		(1)  accepts for collection or undertakes the 
collection of a claim for debt for another, unless the officer acts 
under a law that prescribes the duties of the officer;  or
		(2)  accepts compensation not prescribed by law for 
accepting for collection or undertaking the collection of a claim 
for debt for another.
	(b)  An offense under Subsection (a) is a misdemeanor 
punishable by a fine of not less than $200 or more than $500.
	(c)  In addition to the fine, the peace officer may be 
removed from office.  

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           

SUBCHAPTER D. PURCHASE OF AGENCY-ISSUED FIREARM OF HONORABLY 
RETIRED OR DECEASED PEACE OFFICER


	§ 614.051. PURCHASE OF FIREARM BY HONORABLY RETIRED PEACE 
OFFICER.  (a) An individual may purchase a firearm from a state 
agency if:
		(1)  the individual was a peace officer commissioned by 
the agency;         
		(2)  the individual was honorably retired from the 
individual's commission by the state;
		(3)  the firearm had been previously issued to the 
individual by the agency;  and
		(4)  the firearm is not a prohibited weapon under 
Section 46.05, Penal Code.
	(b)  An individual may purchase only one firearm from a state 
agency under this section.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 14.37, eff. Sept. 1, 
1995.


	§ 614.052. PURCHASE OF FIREARM BY SURVIVING SPOUSE, 
CHILD, OR PARENT OF DECEASED PEACE OFFICER.  (a) An individual 
listed under Subsection (b) may purchase a firearm from a state 
agency if:
		(1)  the firearm had been previously issued by the 
agency to a peace officer commissioned by the agency who died while 
commissioned, without regard to whether the officer died while 
discharging the officer's official duties;  and
		(2)  the firearm is not a prohibited weapon under 
Section 46.05, Penal Code.
	(b)  Individuals who may purchase the firearm under 
Subsection (a) are, in order of precedence:
		(1)  the surviving spouse of the deceased peace 
officer;                    
		(2)  a child of the deceased peace officer;  and                              
		(3)  a parent of the deceased peace officer.                                  

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 14.38, eff. Sept. 1, 
1995.


	§ 614.053. PURCHASE PRICE OF FIREARM.  A state agency 
shall establish the amount, which may not exceed fair market value, 
for which a firearm may be purchased under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 614.054. WHEN FIREARM MAY BE PURCHASED FROM STATE 
AGENCY;  DELAY OF SALE BY AGENCY.  (a) Except as provided by 
Subsection (b), an individual must purchase a firearm under Section 
614.051 before the second anniversary of the date of the person's 
retirement or under Section 614.052 before the second anniversary 
of the date of the officer's death.
	(b)  A state agency that cannot immediately replace the 
firearm may delay the sale of the firearm until the agency can 
replace the firearm.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           

SUBCHAPTER E. POLYGRAPH EXAMINATIONS


	§ 614.061. DEFINITION.  In this subchapter, "peace 
officer" means a person who:
		(1)  is elected, appointed, or employed by a 
governmental entity;  and      
		(2)  is a peace officer under Article 2.12, Code of 
Criminal Procedure, or other law.

Added by Acts 1997, 75th Leg., ch. 1303, § 1, eff. June 20, 1997.          


	§ 614.062. APPLICABILITY OF SUBCHAPTER.  This subchapter 
does not apply to a peace officer to whom Section 411.007 applies.

Added by Acts 1997, 75th Leg., ch. 1303, § 1, eff. June 20, 1997.          


	§ 614.063. POLYGRAPH EXAMINATION.  (a) A peace officer 
may not be suspended, discharged, or subjected to any other form of 
employment discrimination by the organization employing or 
appointing the peace officer because the peace officer refuses to 
submit to a polygraph examination as part of an internal 
investigation regarding the conduct of the peace officer unless:
		(1)  the complainant submits to and passes a polygraph 
examination;  or     
		(2)  the peace officer is ordered to take an 
examination under Subsection (d) or (e).
	(b)  Subsection (a)(1) does not apply if the complainant is 
physically or mentally incapable of being polygraphed.
	(c)  For the purposes of this section, a person passes a 
polygraph examination if, in the opinion of the polygraph examiner, 
no deception is indicated regarding matters critical to the matter 
under investigation.
	(d)  The head of the law enforcement organization that 
employs or appoints a peace officer may require the peace officer to 
submit to a polygraph examination under this subsection if:
		(1)  the subject matter of the complaint is confined to 
the internal operations of the organization employing or appointing 
the peace officer;
		(2)  the complainant is an employee or appointee of the 
organization employing or appointing the peace officer;  and
		(3)  the complaint does not appear to be invalid based 
on the information available when the polygraph is ordered.
	(e)  The head of the law enforcement organization that 
employs or appoints a peace officer may require the peace officer to 
submit to a polygraph examination under this subsection if the head 
of the law enforcement organization considers the circumstances to 
be extraordinary and the head of the law enforcement organization 
believes that the integrity of a peace officer or the law 
enforcement organization is in question.  The head of the law 
enforcement organization shall provide the peace officer with a 
written explanation of the nature of the extraordinary 
circumstances and how the integrity of a peace officer or the law 
enforcement organization is in question.

Added by Acts 1997, 75th Leg., ch. 1303, § 1, eff. June 20, 1997.          

SUBCHAPTER F. RURAL VOLUNTEER FIRE DEPARTMENT INSURANCE PROGRAM


	§ 614.071. DEFINITIONS.  In this subchapter:                                
		(1)  "Director" means the director of the Texas Forest 
Service.             
		(2)  "Fund" means the rural volunteer fire department 
insurance fund.       
		(3)  "Partially paid fire department" means a fire 
department operated by its members that includes:
			(A)  some volunteer members;  and                                            
			(B)  not more than 20 paid members.                                          
		(4)  "Program" means the rural volunteer fire 
department insurance program. 
		(5)  "Service" means the Texas Forest Service, an 
agency of The Texas A&M University System.
		(6)  "Volunteer fire department" means a fire 
department operated by its members, including a partially paid fire 
department, that:
			(A)  is operated on a not-for-profit basis, 
including a department exempt from federal income tax under Section 
501(a), Internal Revenue Code of 1986, by being listed as an exempt 
organization in Section 501(c)(3) of that code;  and
			(B)  participates in a firefighter certification 
program administered:     
				(i)  under Section 419.071;                                                 
				(ii)  by the State Firemen's and Fire 
Marshals' Association of Texas;  or 
				(iii)  by the National Wildfire Coordinating 
Group.                       

Added by Acts 2001, 77th Leg., ch. 1363, § 1, eff. Oct. 1, 2001.  
Amended by Acts 2003, 78th Leg., ch. 472, § 1, eff. Sept. 1, 
2003.


	§ 614.072. ADMINISTRATION OF PROGRAM.  (a) The Texas 
Forest Service shall administer the rural volunteer fire department 
insurance program established under this subchapter.
	(b)  The director may adopt rules necessary to assist rural 
volunteer fire departments in the payment of workers' compensation 
insurance and accidental death and disability insurance.
	(c)  The service may employ staff to administer the program.                   
	(d)  The director shall, in consultation with the advisory 
committee appointed under Section 614.073:
		(1)  determine reasonable criteria and qualifications 
for the distribution of money from the fund;  and
		(2)  establish a procedure for reporting and processing 
requests for money from the fund.
	(e)  In developing the criteria and qualifications for the 
distribution of money from the fund under Subsection (d), the 
director may not prohibit a volunteer fire department from 
receiving funds from a political subdivision.
	(f)  The director shall prepare an annual written report on 
the activity, status, and effectiveness of the fund and shall 
submit the report to the lieutenant governor, the speaker of the 
house of representatives, and the comptroller before September 1 of 
each year.
	(g)  Any assistance provided under this subchapter to a 
volunteer fire department or a firefighter who is a member of a 
volunteer fire department may not be considered compensation, and a 
firefighter receiving assistance under this subchapter may not be 
considered to be in the paid service of any governing body.
	(h)  Administration costs associated with the program during 
a state fiscal year may not exceed seven percent of the total 
revenue collected from the tax imposed under Chapter 161, Tax Code, 
during the previous fiscal year.

Added by Acts 2001, 77th Leg., ch. 1363, § 1, eff. Oct. 1, 2001.           


	§ 614.073. ADVISORY COMMITTEE.  (a) The director shall 
appoint an advisory committee to advise the director in regard to 
the administration of the program.
	(b)  The advisory committee consists of five members with one 
member appointed from each of the following geographic regions of 
the state:  north, south, east, west, and central.
	(c)  A member of the advisory committee is entitled to 
reimbursement of reasonable travel expenses incurred by the member 
in performing duties as a member of the advisory committee, subject 
to any applicable limitation on reimbursement provided by general 
law or the General Appropriations Act.  A member may not receive 
compensation for services.

Added by Acts 2001, 77th Leg., ch. 1363, § 1, eff. Oct. 1, 2001.  
Amended by Acts 2003, 78th Leg., ch. 472, § 2, eff. Sept. 1, 
2003.


	§ 614.074. REQUESTS FOR ASSISTANCE.  (a) A request for 
assistance from the fund shall be submitted to the director.
	(b)  On receiving a request for assistance, the director 
shall determine whether to provide assistance and the amount of the 
assistance to be provided, if any, based on the criteria developed 
in consultation with the advisory committee under Section 614.072.  
A written copy of the decision shall be sent to the requestor and 
each member of the advisory committee.

Added by Acts 2001, 77th Leg., ch. 1363, § 1, eff. Oct. 1, 2001.           


	§ 614.075. FUND.  (a) The rural volunteer fire department 
insurance fund is an account in the general revenue fund and is 
composed of money collected under Chapter 161, Tax Code, and 
contributions to the fund from any other source.
	(b)  Money in the fund may be used only for a purpose under 
this subchapter. 

Added by Acts 2001, 77th Leg., ch. 1363, § 1, eff. Oct. 1, 2001.           

SUBCHAPTER G. RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM


	§ 614.101. DEFINITIONS.  In this subchapter:                                
		(1)  "Director" means the director of the Texas Forest 
Service of The Texas A&M University System.
		(2)  "Fund" means the volunteer fire department 
assistance fund.            
		(3)  "Program" means the Rural Volunteer Fire 
Department Assistance Program.
		(4)  "Service" means the Texas Forest Service of The 
Texas A&M University System.
		(5)  "Part-paid fire department" means a fire 
department operated by its members, some of whom are volunteers and 
not more than 20 of whom are paid.
		(6)  "Volunteer fire department" means a fire 
department operated by its members, including a part-paid fire 
department, that is operated on a not-for-profit basis, including a 
department that is exempt from federal income tax under Section 
501(a), Internal Revenue Code of 1986, by being listed as an exempt 
organization in Section 501(c)(3) of that code.

Added by Acts 2001, 77th Leg., ch. 1129, § 1, eff. Sept. 1, 2001.  
Renumbered from V.T.C.A., Government Code § 614.071 by Acts 
2003, 78th Leg., ch. 1275, § 2(79), eff. Sept. 1, 2003.


	§ 614.102. ADMINISTRATION OF PROGRAM.  (a) The Texas 
Forest Service shall administer the program established under this 
subchapter, and the director may adopt rules necessary to assist 
volunteer fire departments in paying for equipment and training of 
personnel.
	(b)  The service may employ staff to administer the program.                   
	(c)  The director shall:                                                       
		(1)  determine reasonable criteria and qualifications 
for the distribution of money from the volunteer fire department 
assistance fund;  and
		(2)  establish a procedure for reporting and processing 
requests for money from the fund.
	(d)  A volunteer fire department may not be denied assistance 
from the fund solely because the department receives funds from a 
political subdivision.
	(e)  The director shall prepare an annual written report on 
the activity, status, and effectiveness of the fund and shall 
submit the report to the lieutenant governor, the speaker of the 
house of representatives, and the comptroller before November 1 of 
each year.
	(f)  Any assistance or benefits provided under this 
subchapter to a volunteer fire department or a firefighter who is a 
member of a volunteer fire department may not be considered 
compensation, and a firefighter receiving assistance under this 
subchapter may not be considered to be in the paid service of any 
governing body.
	(g)  Administration costs associated with the program during 
a state fiscal year may not exceed seven percent of the total 
revenue collected from the assessment under Article 5.102, 
Insurance Code, during the previous fiscal year.

Added by Acts 2001, 77th Leg., ch. 1129, § 1, eff. Sept. 1, 2001.  
Renumbered from V.T.C.A., Government Code § 614.072 by Acts 
2003, 78th Leg., ch. 1275, § 2(79), eff. Sept. 1, 2003.


	§ 614.103. REQUESTS FOR ASSISTANCE.  (a) A request for 
assistance from the fund shall be submitted to the director.
	(b)  On receiving a request for assistance, the director 
shall determine whether to provide assistance and the amount of the 
assistance to be provided, if any, based on the criteria developed 
under Section 614.102.  A written copy of the decision shall be sent 
to the requestor.

Added by Acts 2001, 77th Leg., ch. 1129, § 1, eff. Sept. 1, 2001.  
Renumbered from V.T.C.A., Government Code § 614.073 and amended 
by Acts 2003, 78th Leg., ch. 1275, § 2(79), 3(27), eff. Sept. 1, 
2003.


	§ 614.104. FUND.  (a) The volunteer fire department 
assistance fund is an account in the general revenue fund and is 
composed of money collected under Article 5.102, Insurance Code, 
and contributions to the fund from any other source.
	(b)  Money in the fund may be used only for a purpose under 
this subchapter. 

Added by Acts 2001, 77th Leg., ch. 1129, § 1, eff. Sept. 1, 2001.  
Renumbered from V.T.C.A., Government Code § 614.074 by Acts 
2003, 78th Leg., ch. 1275, § 2(79), eff. Sept. 1, 2003.