1-1 By: Gutierrez (Senate Sponsor - Lucio) H.B. No. 1103
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 25, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; May 25, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the hours of labor and vacation of members of fire
1-23 departments in certain municipalities.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Sections 142.0015(b), (c), and (e), Local
1-26 Government Code, are amended to read as follows:
1-27 (b) A fire fighter or a member of a fire department who
1-28 provides emergency medical services who is not exempt under the
1-29 Fair Labor Standards Act of 1938, 29 U.S.C. Section 201 et seq.,
1-30 and who is <may not, except as required by Subsection (e), be>
1-31 required or permitted to work more than the number of hours that
1-32 bears the same ratio to 212 hours as the number of days in the work
1-33 period bears to 28 days is considered to have worked overtime. The
1-34 <If the fire fighter or other member of the fire department is
1-35 required to work more than the hours permitted under this
1-36 subsection, the> person is entitled to be compensated for the
1-37 overtime as provided by Subsection (e).
1-38 (c) A member of a fire department who does not fight fires
1-39 or provide emergency medical services, including a mechanic, clerk,
1-40 investigator, inspector, fire marshal, fire alarm dispatcher, and
1-41 maintenance worker, who is not exempt under the Fair Labor
1-42 Standards Act of 1938, 29 U.S.C. Section 201 et seq., and who is
1-43 required or permitted to <may not, except as provided by Subsection
1-44 (e):>
1-45 <(1)> average more hours in a week than the number of
1-46 hours in a normal work week of the majority of the employees of the
1-47 municipality other than fire fighters, emergency medical service
1-48 personnel, and police officers, is considered to have worked
1-49 overtime. The person is entitled to be compensated for the
1-50 overtime as provided by Subsection (e)<; or>
1-51 <(2) be on duty for more days in a work week or
1-52 average more days on duty a week in a work cycle than the number of
1-53 days on duty during the work week of the majority of the employees
1-54 of the municipality other than fire fighters, emergency medical
1-55 service personnel, and police officers>.
1-56 (e) A fire fighter or other member of a fire department may
1-57 be required or permitted to work overtime. A fire fighter or other
1-58 member of a fire department who is not exempt under the Fair Labor
1-59 Standards Act of 1938, 29 U.S.C. Section 201 et seq., and who is
1-60 <may be> required or permitted <in an emergency> to work overtime
1-61 as provided <more hours in a work week or work cycle than
1-62 permitted> by Subsections (b) and (c)<. The fire fighter or other
1-63 member of a fire department who is not exempt> is entitled to be
1-64 paid overtime for the excess hours worked without regard to the
1-65 number of hours worked in any one week of the work cycle. Overtime
1-66 hours are paid at a rate equal to 1-1/2 times the compensation paid
1-67 to the fire fighter or member of the fire department for regular
1-68 hours.
2-1 SECTION 2. The changes in law made by this Act apply only to
2-2 hours worked during a work cycle that begins on or after the
2-3 effective date of this Act. Hours worked during a work cycle that
2-4 begins before the effective date are covered by the law in effect
2-5 when the work cycle begins, and the former law is continued in
2-6 effect for this purpose.
2-7 SECTION 3. This Act takes effect September 1, 1993.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
2-13 * * * * *
2-14 Austin,
2-15 Texas
2-16 May 25, 1993
2-17 Hon. Bob Bullock
2-18 President of the Senate
2-19 Sir:
2-20 We, your Committee on Intergovernmental Relations to which was
2-21 referred H.B. No. 1103, have had the same under consideration, and
2-22 I am instructed to report it back to the Senate with the
2-23 recommendation that it do pass and be printed.
2-24 Armbrister,
2-25 Chairman
2-26 * * * * *
2-27 WITNESSES
2-28 FOR AGAINST ON
2-29 ___________________________________________________________________
2-30 Name: Ken Bailey x
2-31 Representing: Tx State Assn. of Fire Fighters
2-32 City: Austin
2-33 -------------------------------------------------------------------
2-34 Name: Susan Horton x
2-35 Representing: TML
2-36 City: Austin
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