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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Local Government Code - LOC GOV'T § 180.011. Limitation on Severance Pay for Executive Employees - last updated January 01, 2024 | https://codes.findlaw.com/tx/local-government-code/loc-gov-t-sect-180-011/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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