Texas § LG.180.011 - LIMITATION ON SEVERANCE PAY FOR EXECUTIVE EMPLOYEES

§ LG.180.011. LIMITATION ON SEVERANCE PAY FOR EXECUTIVE EMPLOYEES

LIMITATION ON SEVERANCE PAY FOR EXECUTIVE EMPLOYEES. (a) In this section: (1) "Misconduct" means an act or omission by an employee of a political subdivision in the performance of the employee's duties that the governing body of the political subdivision determines to be misconduct. The term includes any finding of criminal conduct. (2) "Severance pay" means dismissal or separation income paid on termination of the employment of an employee that is in addition to the employee's usual earnings from the employer at the time of termination. (b) A person is an executive employee of a political subdivision for purposes of this section if the person is: (1) a chief executive officer of a political subdivision other than a school district; (2) an agency or department head; or (3) the superintendent of a school district or the chief executive officer of an open-enrollment charter school. (c) A political subdivision that enters into an employment agreement, or renewal or renegotiation of an existing employment agreement, that contains a provision for severance pay with an executive employee must include: (1) a requirement that severance pay that is paid from tax revenue may not exceed the amount of compensation, at the rate at the termination of employment, the executive employee would have been paid for 20 weeks, excluding paid time off or accrued vacation leave; and (2) a prohibition of the provision of severance pay when the executive employee is terminated for misconduct. (d) A political subdivision shall post each severance agreement in a prominent place on the political subdivision's Internet website. (e) This subsection applies to an action brought against a political subdivision by an executive employee of the political subdivision arising from the termination of the person's employment. A court may not issue a writ of execution or mandamus in connection with a judgment in the action if the judgment does not comply with this section. Added by Acts 2025, 89th Leg., R.S., Ch. 879 (S.B. 2237 ), Sec. 1, eff. September 1, 2025. Text of section as added by Acts 2025, 89th Leg., R.S., Ch. 1175 (H.B. 762 ), Sec. 1 For text of section as added by Acts 2025, 89th Leg., R.S., Ch. 261 (H.B. 198 ), Sec. 2, see other Sec. 180.011. For text of section as added by Acts 2025, 89th Leg., R.S., Ch. 879 (S.B. 2237 ), Sec. 1, see other Sec. 180.011. Sec. 180.011. LIMITATION ON SEVERANCE PAY FOR EMPLOYEES AND INDEPENDENT CONTRACTORS. (a) In this section: (1) "Misconduct" means an act or omission by an employee or contractor of a political subdivision in the performance of the employee's or contractor's duties that the governing body of the political subdivision determines to be misconduct. The term includes any finding of criminal conduct. (2) "Severance pay" means dismissal or separation income paid on termination of: (A) the employment of an employee that is in addition to the employee's usual earnings from the employer at the time of termination; or (B) the contract of an independent contractor that is in addition to the contractor's usual compensation from the employer as prescribed by the contract. (b) This section does not apply to a public or teaching hospital. (c) A political subdivision that enters into a contract or employment agreement, or renewal or renegotiation of an existing contract or employment agreement, that contains a provision for severance pay with an employee or independent contractor must include: (1) a requirement that severance pay that is paid from public money may not exceed the amount of compensation, at the rate at the termination of employment or the contract, the employee or independent contractor would have been paid for 20 weeks, excluding paid time off or accrued vacation leave; and (2) a prohibition of the provision of severance pay when the employee or independent contractor is terminated for misconduct. (d) A political subdivision shall post each severance agreement in a prominent place on the political subdivision's Internet website. (e) This subsection applies to an action brought against a political subdivision by an employee or independent contractor of the political subdivision arising from the termination of the person's employment or contract. A court may not issue a writ of execution or mandamus in connection with a judgment in the action if the judgment does not comply with this section. Added by Acts 2025, 89th Leg., R.S., Ch. 1175 (H.B. 762 ), Sec. 1, eff. September 1, 2025. Text of section as added by Acts 2025, 89th Leg., R.S., Ch. 261 (H.B. 198 ), Sec. 2 For text of section as added by Acts 2025, 89th Leg., R.S., Ch. 879 (S.B. 2237 ), Sec. 1, see other Sec. 180.011. For text of section as added by Acts 2025, 89th Leg., R.S., Ch. 1175 (H.B. 762 ), Sec. 1, see other Sec. 180.011. Sec. 180.011. OCCUPATIONAL CANCER SCREENING FOR FIREFIGHTERS. (a) In this section, "firefighter" means an individual defined as fire protection personnel under Section 419.021 , Government Code. (b) A political subdivision that employs firefighters shall offer an occupational cancer screening to each firefighter at no cost to the firefighter in the fifth year of the firefighter's employment, and once every year following the initial screening. (c) The occupational cancer screening offered under Subsection (b) must be confidential, and in addition to testing for cancer, include: (1) a urine test; (2) a pulmonary function test; (3) an electrocardiogram; (4) an infectious disease screening; (5) a breast cancer screening; (6) a blood test; and (7) subject to Subsection (d), a chest x-ray. (d) A firefighter is eligible to receive a chest x-ray during the screening under this section once every five years. (e) The Texas Commission on Fire Protection shall adopt rules establishing minimum standards for the screening under this section using standards developed by the National Fire Protection Association. (f) Notwithstanding Subsection (b), a political subdivision that employs firefighters is not required to offer a screening under this section if the political subdivision offers an annual occupational medical examination under a plan submitted to the Texas Commission on Fire Protection no later than February 1 of each year. The plan must be endorsed by a physician and be in substantial compliance with standards developed by the National Fire Protection Association. The Texas Commission on Fire Protection shall adopt rules to implement this subsection. Added by Acts 2025, 89th Leg., R.S., Ch. 261 (H.B. 198 ), Sec. 2, eff. June 1, 2026.