SRC-HRD S.B. 755 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 755
By: Lucio
State Affairs
3-26-97
As Filed


DIGEST 

Currently, Texas does not place any limit on how much overtime an employer
can ask an employee to work.  Thus, an employee may risk being fired if
the employee does not want to work overtime. This bill imposes a limit of
60 hours on the number of hours an employee can be required to work per
workweek.  In addition, this bill would allow employees to work as much
overtime as they wish, but requires the employers to obtain a written
statement from the employee stating that the employee volunteers to
perform the work.  S.B. 755 would require this statement to also contain a
provision, signed by the employer, stating that the employer does not
require the employee to work the excess hours.  

PURPOSE

As proposed, S.B. 755 prohibits an employer from requiring, as a condition
of employment, an employee to work more than 60 hours in a workweek.  In
addition, this bill allows an employer to employ an employee for more than
60 hours if the employee agrees in a written statement to work the excess
hours.    

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2B, Labor Code, by adding Chapter 53, as follows:

CHAPTER 53.  LIMIT ON REQUIRED OVERTIME

Sec. 53.001.  DEFINITIONS.  Defines "employee" and "employer."

Sec. 53.002.  LIMIT ON REQUIRED OVERTIME.  Prohibits an employer from
requiring, as a condition of employment, an employee to work more than 60
hours in a workweek. Authorizes an employer to only employ an employee for
more than 60 hours in a workweek if the employee agrees to work the excess
hours as provided by Subsection (c).  Authorizes an employee to agree with
the employee's employer to work hours that exceed 60 hours in a workweek
by signing a written statement that the employee volunteers to perform the
work. Requires the statement to also contain a provision, signed by the
employer or the employer's agent, that the employer does not require the
employee to work the excess hours. 

Sec. 53.003.  OFFENSE; PENALTY.  Provides that an employer commits a Class
C misdemeanor if the employer requires an employee to work more than 60
hours in a workweek in violation of this chapter.   

SECTION 2.  Effective date: September 1, 1997.

SECTION 3. Emergency clause.