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.