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DAN MORALES November 3.1993
Al-rORNEY
GENERAL
Honorable O.H. ‘Ike” Harris OpinionNo. DM-270
chfiir
CWWlttUOllS~Affairs
Texas State Senate
P.O. Box 12068
hstin,Texas 78711
You have requested our opinion repding the number of vacation days to which
police officers and fire fighters are entitled in a city with a population of more than 30,000.
Section 142.0013 oft&Local hwrmnem Code provides:
(a) A member of a &e or police department in a municip&y
withapopllationofmonthan25,000mayool,u~inm
anageacy,berequiredtokondutymonthan~&~inawaL
(b) Amanberofa6reorpolicedepartmentinamunicipality
with a population of more then 30,000 is entitled to 15 vakxtion days
eachyearwithpayifthememberhasbeenre@rlyemployediothe
-or&=-- for at least one year. The municipal
officials sum the Sre and police departments shall designate
thedaysoftheweekduringwhichamanbaofafiredepartmentor
policed~~~isnotrequindtobeondutymdthe&ysduriag
whichthememberisallowedtobeonvacation
(c) Ai%efighterandapoliceofhrsbllbegrantedtheaame
number of vacation days and holidays or days in lieu of vacation
days or llolkiays$granted to other municipalemployees.
SpecSally, you inquire about the possible conflict between sobsections (b) and (c) io
cities with a population of geater than 30,000.
Itiswiomaticthstrtlportionsofa~e~be~~if~ffeasibleto
doso,andeffect@veotoeach. Bbckv.Awn!ricunBankersI- Co.. 478 S.W.2d
434 (Tex. 1972); Brown v. Owens, 674 S.W.2d 748 (Tex. 1984). Subsections (b) and (c)
of section 142.0013 may be harmooized by consbuiq rubsection (b) as an exception to
the more general rule of subsection (c). Section 311.026 of the Gownment Code
provides that, where “a geoerel provision contkts with a special or local provisioo, the
provisionsshallbewnstnred,ifpossible.K,thateffectbgiventoboth.,Ontheotha
hand ifthere ranainsMirCCCOllCilable~~Ctbetwcmthetwoprovisions.“therpecirrlor
local provision prevails as an exception to the Send won”
p. 1411
Honorable O.H. “Ike”Harris - Page 2 @M-270)
chstrued in this light, subsection (b) applies only to those iire fighters and police
officers who (1) are employed by a “municipalitywith a population of more than 30,000,”
and (2) have been “regularly employed”in their respective departments “for at least one
year.” Subsection (b) provides a minimum for those individuals: 15 vacation days each
YCarWitilptiy.If,howmr.Acity’SpOliCyistOgranttoits~~~~~Ohave~edat
kast25yearsKnicevacationintheamountof2Odaysperyeor.afirefighterorpolice
officer with 25 years setvice in that particular city would also be entitled to 20 vacation
days. Likewise, a fire fighter or police officer with less than one year of service should
receive whatever vacation time is awarded to all municipal employees with less than one
year of service. Thus a fire fighta or police officer in a city of more than 30.000 must be
grantdtl’e msximumvacation time availableunder either subsection (b) or subsection (c),
whichever is greater in his particular case.’
SUMMARY
A fire fighi~ and a police officer in a city of @eater than 30,000
is entitled to the number of vacation days granted under either
subsection (b) or subsection (c) of section 142.0013 of the Local
Oowrntnent Code, whichever is greater.
DAN MORALES
Attorney General of Texas
WILL PRYOR
Fii Assistant Attorney OKled
MARYKELLER
Deputy Attorney Ciewal for LitiSation
RENEAHICKS
State Solicitor
MADELEINE B. JOHNSON
Chair, Opiion Committee
Prepared by Rick Gilpin
Deputy Chief, Opiion Committee
p. 1412
Untitled Texas Attorney General Opinion
Combined Opinion