By Lucio                                         S.B. No. 755

      75R3524 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the number of hours that an employer may require an

 1-3     employee to work; providing a penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle B, Title 2, Labor Code, is amended by

 1-6     adding Chapter 53 to read as follows:

 1-7                   CHAPTER 53.  LIMIT ON REQUIRED OVERTIME

 1-8           Sec. 53.001.  DEFINITIONS.  In this chapter:

 1-9                 (1)  "Employee" has the meaning prescribed by the Fair

1-10     Labor Standards Act of 1938 (29 U.S.C. Section 203).

1-11                 (2)  "Employer" has the meaning prescribed by the Fair

1-12     Labor Standards Act of 1938 (29 U.S.C. Section 203).

1-13           Sec. 53.002.  LIMIT ON REQUIRED OVERTIME.  (a)  An employer

1-14     may not require, as a condition of employment, that an employee

1-15     work more than 60 hours in a workweek.

1-16           (b)  An employer may only employ an employee for more than 60

1-17     hours in a workweek if the employee agrees to work the excess hours

1-18     as provided by Subsection (c).

1-19           (c)  An employee may agree with the employee's employer to

1-20     work hours that exceed 60 hours in a workweek by signing a written

1-21     statement stating that the employee volunteers to perform the work.

1-22     The statement must also contain a provision, signed by the employer

1-23     or the employer's agent, that the employer does not require the

1-24     employee to work the excess hours.

 2-1           Sec. 53.003.  OFFENSE; PENALTY.  (a)  An employer commits an

 2-2     offense if the employer requires an employee to work more than 60

 2-3     hours in a workweek in violation of this chapter.

 2-4           (b)  An offense under this section is a Class C misdemeanor.

 2-5           SECTION 2.  This Act takes effect September 1, 1997.

 2-6           SECTION 3.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.