BILL ANALYSIS



C.S.H.B. 1849
By: R. Lewis
April 5, 1995
Committee Report (Substituted)


BACKGROUND

Currently, there is no uniform set of standards regarding the
amount of overtime for which an employee of a county may be
compensated.  Routine authorization of unbudgeted overtime  is
causing a strain on the finances of many counties.  Once the
overtime hours are worked, whether or not there was an allowance in
the budget for them, compensation by the county is required.

Under federal law, if a supervisor authorizes overtime for an
employee, the county is responsible for compensating the employee
for the time.  It is common for county budgets to be amended in
order to accommodate unforeseen overtime compensation.  Some county
officials habitually authorize unbudgeted overtime, creating an
unfunded obligation which must eventually be taken from other
accounts.  

Commissioners courts in counties with populations of 355,000 or
more are permitted statutorily to regulate the hours of work for
county employees.  Smaller counties had not experienced difficulty
with not being included in this provision until the United States
Supreme Court extended the applicability of the Fair Labor
Standards Act in 1985.  This decision made counties liable for
overtime compensation time, whereas they had not been subject to
overtime requirements prior to this decision.

PURPOSE

The purpose of this legislation is to allow counties to establish
and enforce rules or standards regarding the amount of overtime for
which county employees may be compensated.  Where there is no
abuse, commissioners courts need not act at all.  If, however, a
county faces a budgetary dilemma, it may adopt a policy for the
purpose of enforcing uniform hours of work and preventing the
unwarranted and unbudgeted overtime.  This bill will provide an
assurance to county taxpayers that county funds are being properly
expended.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

     Section 1.  Amends Section 157.021 of the Local Government
Code to state:
           (a) The commissioners court of a county with a
population of 355,000 or more may adopt and enforce rules governing
the hours of work of county employees whose compensation is set or
approved by the court.

           (b) The commissioners court of a county may adopt and
enforce uniform rules on overtime and compensatory time by
department heads, assistants, deputies and other employees whose
compensation is set or approved by the court. The rules may
prohibit unbudgeted overtime, except upon a declaration of
emergency by the commissioners court or an elected county officer
and may require that all emergency overtime be reported to the
county auditor and the commissioners court.
     
     Section 2.  Emergency clause and Effective Date


COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute retains the 355,000 population bracket
found in current law, while the original bill struck the bracket. 

The original bill allowed the commissioners court to adopt uniform
rules on hours of work of various county employees. The committee
substitute allows for uniform rules on overtime and compensatory
time that may prohibit unbudgeted overtime. The committee
substitute creates an exception to the overtime and compensatory
time rule upon a declaration of emergency by the commissioners
court or an elected officer.


SUMMARY OF COMMITTEE ACTION

HB 1849 was considered by the County Affairs Committee in a public
hearing on 3/29/95. 
The chair recognized the following people to testify for HB 1849:
     Jim Allison, representing the County Judges and Commissioners
Assn. of Texas; and
     George Self, representing himself; and
     Ocie Westmoreland, representing himself; and
     John Thompson, representing himself; and
     Mickey West, representing himself and the Palo Pinto
Commissioners Court; and
     Wyatt Kunde, representing himself; and
     Ed Springs, representing himself and Guadalupe County; and
     Bill Johnson, representing himself and Callahan County; and
     Wallace Beck, representing himself; and
     Bob Anderson, representing himself; and
     Gilbert Pargman, representing himself and The South Texas
County Judges and Commissioners Association; and
     Dale Jaecks, representing himself; and
     Skipper Wheeless, representing himself; and
     Don Lee, representing the Conference of Urban Counties.

The chair recognized the following person to testify against HB
1849:
     Jack Bremer, representing himself and the Sheriff's
Association of Texas.

The chair recognized the following person to testify neutrally on
HB 1849:
     Tom Krampitz, representing the Texas District and County
Attorneys Association.

HB 1849 was left pending.

HB 1849 was considered by the County Affairs Committee as pending
business in a public hearing on 4/5/95. The County Affairs
Committee considered a complete committee substitute. The
substitute was adopted without objection. HB 1849 was reported
favorably as substituted with the recommendation that it do pass
and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2
absent.