By Carona                                             H.B. No. 1014
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to police officer overtime and police officers and fire
    1-3  fighters who temporarily fill higher positions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsections (f), (g) and (h), Section 142.0015,
    1-6  Local Government code are amended to read as follows:
    1-7        (f)  A police officer who is not exempt under the Fair Labor
    1-8  Standards Act of 1938, 29 U.S.C. Section 201 et seq., may not,
    1-9  except as provided by Subsection (g), <or> (j) or (k), be required
   1-10  to work more hours during a calendar week than the number of hours
   1-11  in the normal work week of the majority of the employees of the
   1-12  municipality other than fire fighters and police officers.
   1-13        (g)  In the event of an emergency, a police officer who is
   1-14  not exempt under the Fair Labor Standards Act of 1938, 29 U.S.C.
   1-15  Section 201 et seq., may be required to work more hours than
   1-16  permitted by Subsection (f).  An emergency is an unexpected
   1-17  happening or event or an unforeseen situation or crisis that calls
   1-18  for immediate action and requires the chief or head of the police
   1-19  department to order a police officer to work overtime.
   1-20        (h)  An officer who is not exempt under the Fair Labor
   1-21  Standards Act of 1938, 29 U.S.C. Section 201 et seq., and who is
   1-22  required to work overtime <in an emergency> is entitled to be
   1-23  compensated for the overtime at a rate equal to 1-1/2  times the
    2-1  compensation paid to the officer for regular hours unless the
    2-2  officer elects, with the approval of the governing body of the
    2-3  municipality, to accept compensatory time equal to 1-1/2  times the
    2-4  number of overtime hours.  For purposes of this subsection,
    2-5  compensable hours of work include all hours during which a police
    2-6  officer is:
    2-7              (1)  on duty on the premises of the municipality or at
    2-8  a prescribed workplace or required or permitted to work for the
    2-9  municipality, including preshift and postshift activities that are:
   2-10                    (A)  an integral part of the officer's principal
   2-11  activity; or
   2-12                    (B)  closely related to the performance of the
   2-13  principal activity; and
   2-14              (2)  away from the premises of the municipality under
   2-15  conditions that are so circumscribed that the officer is restricted
   2-16  from effectively using the time for personal pursuits.
   2-17        SECTION 2.  Section 142.0015, Local Government Code, is
   2-18  amended by adding Subsection (k) to read as follows:
   2-19        (k)  For a pre-planned special event, a police officer who is
   2-20  not exempt from overtime pay under the Fair Labor Standards Act of
   2-21  1938, 29 U.S.C. section 201 et seq., may be required to work more
   2-22  hours than permitted by Subsection (f).  A pre-planned special
   2-23  event is an event of such magnitude that it requires advance
   2-24  logistical planning and requires the chief to order overtime for
   2-25  police officers.
    3-1        SECTION 3.  Section 141.033, Local Government Code, is
    3-2  amended to read as follows:
    3-3        Sec. 141.033.  Classification of Positions; Salary Schedule.
    3-4  (a)  Each municipality affected by this subchapter shall classify
    3-5  all positions in its fire and police departments and shall specify
    3-6  the duties and prescribe the salary for each classification.
    3-7        (b)  A member of the fire or police department who is
    3-8  required to perform the duties of a particular classification is
    3-9  entitled to be paid a salary that is within the salary range <the
   3-10  salary> prescribed for that position during the time the member
   3-11  performs those duties.
   3-12        SECTION 4.  The importance of this legislation and the
   3-13  crowded condition of the calendars in both houses create an
   3-14  emergency and an imperative public necessity that the
   3-15  constitutional rule requiring bills to be read on three several
   3-16  days in each house be suspended, and this rule is hereby suspended.