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.