Tex. Codes » Local Government Code · TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES · SUBTITLE A. MUNICIPAL OFFICERS AND EMPLOYEES · CHAPTER 143. MUNICIPAL CIVIL SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS
Texas Codes

Tex. Loc. Gov't Code § 143.038 (2026)

Temporary Duties In Higher Classification

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Sec. 143.038. TEMPORARY DUTIES IN HIGHER CLASSIFICATION. (a) This section does not apply to a municipality with a population of 1.5 million or more.

(b) The department head may designate a person from the next lower classification to temporarily fill a position in a higher classification. The designated person is entitled to the base salary of the higher position plus the person's own longevity or seniority pay, educational incentive pay, and certification pay during the time the person performs the duties.

(c) The temporary performance of the duties of a higher position by a person who has not been promoted as prescribed by this chapter may not be construed as a promotion.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER C. COMPENSATION


Notes of Decisions
Cited in 3 cases, 2004–2007 · leading case: Stephen McElroy v. City of Temple, No. 03-03-00741-CV (Tex. App.—Austin Mar. 16, 2006).
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Stephen McElroy v. City of Temple, No. 03-03-00741-CV (Tex. App.—Austin Mar. 16, 2006). “(2) See Tex. Loc. Gov't Code Ann. § 143.038 (West 1999).”
City of Lubbock, TX v. Jim Adams, No. 07-03-00042-CV (Tex. App.—Amarillo Oct. 7, 2004). “Tex. Loc. Gov't Code Ann. §143.038 (b) (Vernon 1999).”
Valerie L. May v. State, No. 07-06-00039-CR (Tex. App.—Amarillo July 3, 2007). “Tex. Loc. Gov't Code Ann. §143.038 (b) (Vernon 1999).”
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