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Promotional: Local Government Code Title 5 Chapter 143 > Subchapter A. General Provision > Flashcards

Subchapter A. General Provision Flashcards

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1
Q

Sec. 143.001. PURPOSE. (a) The purpose of this chapter is to secure efficient fire and police departments composed of _____ and who have permanent tenure as public servants.

A

capable personnel who are free from political influence

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2
Q

Sec. 143.001. PURPOSE. (b) The _____ shall administer this chapter in accordance with this purpose.

A

members of the Fire Fighter’s and Police Officer’s Civil Service Commission

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3
Q

Sec. 143.002. MUNICIPALITIES COVERED BY THIS CHAPTER. (a) This chapter applies only to a municipality: (1) that:
(A) _____
(B) _____
(C) _____
or (2) whose election to adopt this chapter and whose acts subsequent to that election were validated by the law enacted by House Bill 822, Acts of the 73rd Legislature, Regular Session, 1993.

A

(A) has a population of 10,000 or more;
(B) has a paid fire department or police department; and
(C) has voted to adopt this chapter or the law codified by this chapter

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4
Q

Population under Subsection (a) (1) is determined by the most recent :

(1) ______; or
(2) _____.

A

(1) federal decennial census; or
(2) annual population estimate provided by the state demographer under chapter 468, Government Code, if that is more recent than the most recent federal decennial census.

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5
Q

(c) If this chapter applies to a municipality as provided by subsection (a), the application of this chapter to the municipality is not affected if _____ and _____.

A

the municipality’s population changes and the municipality no longer meets the population of subsection (a)(1).

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6
Q

“Fire Fighter” does not apply to:

A

a secretary, clerk, budget analyst, custodial engineer, or other administrative employee

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7
Q

“Fire Fighter” only applies to an employee of a fire department whose position requires substantial knowledge of fire fighting and who has me the requirements for certification by the _____.

A

Texas Commission of Fire Protection

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8
Q

The term “Fire Fighter” applies to employees who performs: [10]

A

i. fire suppression
ii. fire prevention
iii. fire training
iv. fire safety training
v. fire maintenance
vi. fire communication
vii. fire medical emergency technology
viii. fire photography
ix. fire administration
x. fire arson investigator

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9
Q

“Police Officer” means a member of a police department or ____ who was appointed in substantial compliance with this chapter or who is entitled to civil service status

A

peace officer

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10
Q

A municipality may _____ to adopt or repeal this chapter as provided by this section. (Sec. 143.004)

A

hold an election

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11
Q

If the governing body receives a petition requesting an election that is signed by a number of qualified voters equal to _____, the governing body shall order an election to adopt this chapter or not.

A

at least 10 percent of the number of voters who voted in the most recent election

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12
Q

The election to adopt this chapter must be held _____ and that allows sufficient time to comply with other requirements of law.

A

on the first authorized uniform election date as prescribed by Chapter 41, Election Code, that occurs after the petition is filed

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13
Q

The ballot shall be printed to provide for voting for or against the proposition:

A

“Adoption of the fire fighters’ and police officers’ civil service law.”

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14
Q

If an election is held under subsection (b), a petition for a SUBSEQUENT election to be held under that subsection may not be filed for _____ after the date the previous election was held.

A

at least 1 year

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15
Q

To be valid, a petition for a SUBSEQUENT election must contain the signatures of a number of qualified voters equal to _____ of the number of voters who voted in the most recent election.

A

20%

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16
Q

Any SUBSEQUENT election must be held at the next _____ that occurs after the petition is filed.

A

general municipal election

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17
Q

The governing body of a municipality has to have operated under this chapter for _____ in order to hold an election to repeal this chapter.

A

at least 1 year

18
Q

Each fire fighter or police officer serving in a municipality that adopts this chapter and who has been in the service of the municipality for more than ____ at the time this chapter is adopted and who is entitled to civil service classification has the status of a civil service employee and is NOT required to take a competitive exam to remain in the position the person occupies at the time of the adoption.

A

6 months

19
Q

A fire department employee who has civil service status under Subsection (b) may be promoted only:

(1) _____; and
(2) _____.

A

(1) by competitive exam; and

(2) within the employee’s division

20
Q

A fire department employee who has civil service status under Subsection (b) may NOT:

(1) _____; or
(2) _____

A

(1) supervise or evaluate classified civil service personnel assigned to fire suppression of emergency medical operations; or
(2) laterally transfer to fire suppression or emergency medical operations

21
Q 
FEE FOR EMERGENCY MEDICAL SERVICES 
This section only applies to a municipality that:
(1) \_\_\_\_\_;
(2) \_\_\_\_\_; and
(3) \_\_\_\_\_.
A

(1) has a population >220,000 and <250,000;
(2) is located in a county in which another municipality that has a population of more than 1 million is predominately located; and
(3) whose emergency medical services are administered by a fire department.

22
Q

By resolution of its governing body, a municipality may establish a monthly fee for the cost of emergency medical services, including _____.

A

salary and overtime related to medical personnel

23
Q

This fee for emergency medical services is applicable to each and every customer _____ and may be collected in conjunction with _____.

A

served by a municipal water account; the bill for water services

24
Q

The chief executive of the municipality shall appoint the members of the commission within _____ after the date this chapter is adopted.

A

60 days

25
Q

This chapter shall be implemented within _____ after the first full fiscal year begins after the date of the adoption election.

A

30 days

26
Q

the commission consists of 3 members appointed by _____ and confirmed by _____.

A

the municipality’s chief executive and confirmed by the governing body of the municipality

27
Q

[Commission] members have _____ terms with the term of one member expiring each year.

A

staggered 3 year

28
Q

If a vacancy occurs [within the commission] or if an appointee fails to qualify within _____ after the date of appointment, the chief executive shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment.

A

10 days

29
Q

A person appoint to the commission must: [5]

A

(1) be of good moral character
(2) be a united states citizen
(3) be a resident of the municipality who has resided in the municipality for more than 3 years
(4) be over 25 years of age
(5) not have held a public office within the preceding 3 years

30
Q

A commission member may not be reappointed to more than a third consecutive term unless the member’s reappointment to a fourth or subsequent consecutive term is _____ of all the members of the municipality’s governing body.

A

confirmed by a two-thirds majority

Unless the municipality has a population of 1.5 million or more

31
Q

Initial members shall elect a chairman and vice-chairman within _____ days after the date all members have qualified. Each _____, the members shall elect a chairman and vice-chairman.

A

10 day; January

32
Q

It is a _____ punishable by a fine of not less than $100 or more than $200 for the chief executive to knowingly or intentionally fail to appoint the initial members of the commission within the 60 day period. Each day after constitutes a separate offense.

A

misdemeaner

33
Q

If at a meeting held for the purpose of removing a commission member, the governing body finds that a commission member is guilty of _____, the governing body may remove the member.

A

misconduct in office

34
Q

If a commission member is indicted or charged with a criminal offense involving _____, the member shall be automatically suspended from office until the disposition of the charge.

A

moral turpitude

35
Q

_____ may appoint a substitute commission member during a period of suspension or appoint a replacement commission member to serve the remainder of the disqualified member’s term in office should a member be found guilty of a criminal offense involving moral turpitude.

A

The governing body

36
Q

A commission shall adopt rules necessary for _____

A

the proper conduct of commission business

37
Q

A rule is considered to be adopted and sufficiently published if the commission adopts the rule by _____ and _____.

A

majority vote and causes the rule to be written, typewritten, or printed.

38
Q

A rule is not valid and binding on the commission until the commission: [3]

A

(1) mails a copy of the rule to the commissioner, and to department heads of the fire and police departments;
(2) posts a copy of the rule for a seven-day period at a conspicuous place in the central fire and police stations; and
(3) mails a copy of the rule to each branch fire station

39
Q

_____ shall keep copies of all rules for free distribution to members of the fire and police departments who request copies and for inspection by any interested person.

A

The director

40
Q

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 firefighter or police officer need only file an appeal with the commission within _____ after the date the action occurred

A

10 days

41
Q

An appeal must include the basis for the appeal and a request for a commission hearing. The appeal must also contain _____. [4]

A
  1. a statement denying the truth of the charge as made
  2. a statement taking exception to the legal sufficiency of the charge
  3. a statement alleging that the recommended action does not fit the offense or alleged offense, or
  4. a combination of these statements
42
Q

If the affected firefighter wishes to request the commission to subpoena any books, records, documents, papers, accounts, or witnesses he considers to be pertinent to the case, he must make the request before the _____ before the date the commission will be held.

A

10th day

Promotional: Local Government Code Title 5 Chapter 143 (1 decks)

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