Sec. 143.1115. DETERMINATION OF PHYSICAL AND MENTAL FITNESS. (a) This section provides the exclusive procedure for determining whether a fire fighter or police officer is sufficiently physically or mentally fit to continue the person's duties or assignment.
(b) On receiving a written order by the department head, a fire fighter or police officer shall submit to the commission a report from the person's personal physician, psychiatrist, or psychologist, as appropriate.
(c) If the commission, the department head, or the fire fighter or police officer questions the report, the commission shall appoint a physician, psychiatrist, or psychologist, as appropriate, to examine the fire fighter or police officer and to submit a report to the commission, the department head, and the person.
(d) If the report of the appointed physician, psychiatrist, or psychologist, as appropriate, disagrees with the report of the fire fighter's or police officer's personal physician, psychiatrist, or psychologist, as appropriate, the commission shall appoint an independent three-member board composed of a physician, a psychiatrist, and a psychologist or any combination, as appropriate, to examine the fire fighter or police officer. The board shall submit to the commission a written report of its finding regarding whether the fire fighter or police officer is sufficiently physically or mentally fit to continue the person's duties or assignment. The commission, at its next regularly scheduled meeting after the date it receives the report of the board, shall determine whether the fire fighter or police officer is sufficiently physically or mentally fit to continue the person's duties or assignment. The commission shall base its determination exclusively on the report of the board.
(e) The fire fighter or police officer shall pay the cost of the services of the person's personal physician, psychiatrist, or psychologist, as appropriate. The municipality shall pay all other costs.
(f) The commission may not appoint a person to serve on a board appointed under Subsection (d) if the person receives any compensation from the municipality, other than compensation for the person's services as a board member.
Added by Acts 1989, 71st Leg., ch. 890, Sec. 2, eff. Aug. 28, 1989.
Structure Texas Statutes
Title 5 - Matters Affecting Public Officers and Employees
Subtitle A - Municipal Officers and Employees
Chapter 143 - Municipal Civil Service for Firefighters and Police Officers
Section 143.101. Subchapter Applicable Primarily to Municipality With Population of 1
Section 143.1014. Notice Requirement for Certain Meetings or Hearings
Section 143.1015. Commission Appeal Procedure; Subpoena Request
Section 143.1016. Hearing Examiners
Section 143.1017. Procedures After Felony Indictment or Other Crime of Moral Turpitude
Section 143.1018. Ex Parte Communications
Section 143.102. Appointment of Assistant Chief
Section 143.103. Specialized Police Divisions
Section 143.104. Examination Procedure
Section 143.1041. Entrance Examination for Beginning Peace Officer Position in Police Department
Section 143.105. Eligibility for Beginning Position in Police Department
Section 143.1051. Eligibility for Beginning Position in Fire Department
Section 143.1055. Applicant for Beginning Position in Police Department With Previous Experience
Section 143.106. Eligibility for Fire Department Promotional Examination
Section 143.107. Promotional Examination Notice
Section 143.108. Promotional Examination Grades; Promotional Appointments
Section 143.109. Crossover Promotions in Police Department
Section 143.1095. Transfers in Position in Same Classification in Fire Department
Section 143.111. Temporary Duties in Higher Classification
Section 143.1115. Determination of Physical and Mental Fitness
Section 143.112. Educational Incentive Pay
Section 143.113. Assignment Pay
Section 143.114. Assignment Pay in Municipality With Population of 1
Section 143.115. Payment of Accumulated Vacation Leave in Populous Municipality
Section 143.1155. Accumulated Vacation and Holiday Leave
Section 143.116. Payment of Sick Leave on Termination of Service
Section 143.117. Disciplinary Suspensions
Section 143.118. Appeal of Disciplinary Suspension
Section 143.119. Indefinite Suspensions
Section 143.120. Appeal of Indefinite Suspension
Section 143.121. Appeal to District Court
Section 143.1214. Records Related to Disciplinary Actions or Charges of Misconduct
Section 143.1215. Reinstatement
Section 143.1216. Certain Nondisciplinary Actions
Section 143.122. Uncompensated Duty
Section 143.123. Investigation of Fire Fighters and Police Officers
Section 143.124. Polygraph Examinations
Section 143.125. Police Department Probationary Period After Reappointment in Populous Municipality
Section 143.1251. Reappointment After Resignation
Section 143.126. Legislative Leave
Section 143.1261. Legislative Leave Account
Section 143.127. Grievance Procedure
Section 143.128. Step I Grievance Procedure
Section 143.129. Step Ii Grievance Procedure
Section 143.130. Step Iii Grievance Procedure
Section 143.131. Step Iv Grievance Procedure
Section 143.132. Grievance Examiner
Section 143.133. Special Provisions for Steps I and Ii