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.