City of Dallas v. Spainhouer

The majority holds that a “proper” construction of the pre-1987 language of Texas Revised Civil Statute art. 1269p, section 6, results in the reversal of a money judgment in favor of appellee, Spainhouer and rendition of a take nothing judgment in favor of appellant, City of Dallas. I disagree with the majority’s rationale of the “proper” construction of the statute at issue and therefore, dissent.

As a Dallas Fire Department photographer, Spainhouer was required to be on call during all periods he was not actually working, sick or on vacation from July 30, *6201980, to June 23, 1984, and…