By:  Gutierrez                                        H.B. No. 1103
       73R1285 JRD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the hours of labor and vacation of members of fire
    1-3  departments in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 142.0015(b), (c), and (e), Local
    1-6  Government Code, are amended to read as follows:
    1-7        (b)  A fire fighter or a member of a fire department who
    1-8  provides emergency medical services who is not exempt under the
    1-9  Fair Labor Standards Act of 1938, 29 U.S.C. Section 201 et seq.,
   1-10  and who is <may not, except as required by Subsection (e), be>
   1-11  required or permitted to work more than the number of hours that
   1-12  bears the same ratio to 212 hours as the number of days in the work
   1-13  period bears to 28 days is considered to have worked overtime.  The
   1-14  <If the fire fighter or other member of the fire department is
   1-15  required to work more than the hours permitted under this
   1-16  subsection, the> person is entitled to be compensated for the
   1-17  overtime as provided by Subsection (e).
   1-18        (c)  A member of a fire department who does not fight fires
   1-19  or provide emergency medical services, including a mechanic, clerk,
   1-20  investigator, inspector, fire marshal, fire alarm dispatcher, and
   1-21  maintenance worker, who is not exempt under the Fair Labor
   1-22  Standards Act of 1938, 29 U.S.C. Section 201 et seq., and who is
   1-23  required or permitted to <may not, except as provided by Subsection
   1-24  (e):>
    2-1              <(1)>  average more hours in a week than the number of
    2-2  hours in a normal work week of the majority of the employees of the
    2-3  municipality other than fire fighters, emergency medical service
    2-4  personnel, and police officers, is considered to have worked
    2-5  overtime.  The person is entitled to be compensated for the
    2-6  overtime as provided by Subsection (e)<; or>
    2-7              <(2)  be on duty for more days in a work week or
    2-8  average more days on duty a week in a work cycle than the number of
    2-9  days on duty during the work week of the majority of the employees
   2-10  of the municipality other than fire fighters, emergency medical
   2-11  service personnel, and police officers>.
   2-12        (e)  A fire fighter or other member of a fire department may
   2-13  be required or permitted to work overtime.  A fire fighter or other
   2-14  member of a fire department who is not exempt under the Fair Labor
   2-15  Standards Act of 1938, 29 U.S.C. Section 201 et seq., and who is
   2-16  <may be> required or permitted <in an emergency> to work overtime
   2-17  as provided <more hours in a work week or work cycle than
   2-18  permitted> by Subsections (b) and (c)<.  The fire fighter or other
   2-19  member of a fire department who is not exempt> is entitled to be
   2-20  paid overtime for the excess hours worked without regard to the
   2-21  number of hours worked in any one week of the work cycle.  Overtime
   2-22  hours are paid at a rate equal to 1-1/2 times the compensation paid
   2-23  to the fire fighter or member of the fire department for regular
   2-24  hours.
   2-25        SECTION 2.  The changes in law made by this Act apply only to
   2-26  hours worked during a work cycle that begins on or after the
   2-27  effective date of this Act.  Hours worked during a work cycle that
    3-1  begins before the effective date are covered by the law in effect
    3-2  when the work cycle begins, and the former law is continued in
    3-3  effect for this purpose.
    3-4        SECTION 3.  This Act takes effect September 1, 1993.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.