By Nixon S.B. No. 1552
74R6916 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to police officer overtime and police officers and
1-3 firefighters who temporarily fill higher positions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 142.0015, Local Government Code, is
1-6 amended by amending Subsections (f), (g), and (h) and adding
1-7 Subsection (k) to read as follows:
1-8 (f) A police officer who is not exempt under the Fair Labor
1-9 Standards Act of 1938 (29 U.S.C. Section 201 et seq.) may not,
1-10 except as provided by Subsection (g), <or> (j), or (k), be required
1-11 to work more hours during a calendar week than the number of hours
1-12 in the normal work week of the majority of the employees of the
1-13 municipality other than fire fighters and police officers.
1-14 (g) In the event of an emergency, a police officer who is
1-15 not exempt under the Fair Labor Standards Act of 1938 (29 U.S.C.
1-16 Section 201 et seq.) may be required to work more hours than
1-17 permitted by Subsection (f). An emergency is an unexpected
1-18 happening or event or an unforeseen situation or crisis that calls
1-19 for immediate action and requires the chief or head of the police
1-20 department to order a police officer to work overtime.
1-21 (h) An officer 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 to work overtime <in an emergency> is entitled to be
1-24 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 (k) For a preplanned special event, a police officer who is
2-18 not exempt from overtime pay under the Fair Labor Standards Act of
2-19 1938 (29 U.S.C. Section 201 et seq.) may be required to work more
2-20 hours than permitted by Subsection (f). A preplanned special event
2-21 is an event of such magnitude that it requires advance logistical
2-22 planning and requires the chief to order overtime for police
2-23 officers.
2-24 SECTION 2. Section 141.033(b), Local Government Code, is
2-25 amended to read as follows:
2-26 (b) A member of the fire or police department who is
2-27 required to perform the duties of a particular classification is
3-1 entitled to be paid a salary that is within the salary range <the
3-2 salary> prescribed for that position during the time the member
3-3 performs those duties.
3-4 SECTION 3. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.