LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES

CHAPTER 150. MISCELLANEOUS PROVISIONS AFFECTING MUNICIPAL OFFICERS AND EMPLOYEES

SUBCHAPTER A. INVOLVEMENT OF FIRE FIGHTERS AND POLICE OFFICERS IN POLITICAL ACTIVITIES

Sec. 150.001.  APPLICATION OF SUBCHAPTER TO CERTAIN MUNICIPALITIES WITH POPULATION OF 10,000 OR MORE.  This subchapter applies only to a municipality with a population of 10,000 or more, but does not apply to a municipality in which Chapter 143 applies.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28, 1989.

Sec. 150.002.  POLITICAL ACTIVITIES.  (a)  While in uniform or on active duty, an employee of the fire or police department of the municipality may not engage in a political activity relating to a campaign for an elective office.
(b)  For the purposes of this section, a person engages in a political activity if the person:
(1)  makes a public political speech supporting or opposing a candidate;
(2)  distributes a card or other political literature relating to the campaign of a candidate;
(3)  wears a campaign button;
(4)  circulates or signs a petition for a candidate;
(5)  solicits votes for a candidate; or
(6)  solicits campaign contributions for a candidate.
(c)  While out of uniform and not on active duty, an employee of the fire or police department may engage in a political activity relating to a campaign for an elective office, including each activity listed by Subsection (b), except that the person may not solicit campaign contributions for a candidate other than from members of an employee organization to which that person belongs.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28, 1989.

Sec. 150.003.  RESTRICTION PROHIBITED.  The municipality may not restrict the right of an employee of the fire or police department to engage in a political activity permitted by this subchapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 34(a), eff. Aug. 28, 1989.

SUBCHAPTER B. RESIDENCY REQUIREMENTS

Sec. 150.021.  RESIDENCY REQUIREMENTS FOR MUNICIPAL EMPLOYEES.  (a)  A municipality may not require residency within the municipal limits as a condition of employment with the municipality.  A municipality may require residency within the United States as a condition of employment.
(b)  The prohibition under Subsection (a) does not apply to residency requirements for:
(1)  candidates for or holders of a municipal office, including a position on the governing body of the municipality; or
(2)  municipal department heads appointed by the mayor or governing body of the municipality.
(c)  The governing body of a municipality may prescribe reasonable standards with respect to the time within which municipal employees who reside outside the municipal limits must respond to a civil emergency.  The standards may not be imposed retroactively on any person in the employ of the municipality at the time the standards are adopted.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 35(a), eff. Aug. 28, 1989.

SUBCHAPTER C. EMPLOYEES AS CANDIDATES FOR OFFICE

Sec. 150.041.  PROHIBITED MUNICIPAL ACTIONS.  (a) In this section, "candidate" has the meaning assigned by Section 251.001(1), Election Code.
(b)  A municipality may not prohibit a municipal employee from becoming a candidate for public office.
(c)  A municipality may not take disciplinary action against a municipal employee, including terminating the employment of the employee, solely because the employee becomes a candidate for public office.  However, the employee is still expected to fulfill all the duties and responsibilities associated with their municipal employment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1104 (H.B. 3739), Sec. 2, eff. June 14, 2013.