By Burnam                                             H.B. No. 2377
         76R4656 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment of a minimum wage for public
 1-3     employees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle A, Title 6, Government Code, is amended
 1-6     by adding Chapter 618 to read as follows:
 1-7               CHAPTER 618.  MINIMUM WAGE FOR PUBLIC EMPLOYEES
 1-8           Sec. 618.001.  DEFINITIONS.  In this chapter:
 1-9                 (1)  "Fair market rent" is a fair market rent as
1-10     determined by the United States Department of Housing and Urban
1-11     Development for a one bedroom apartment.
1-12                 (2)  "Fair market rent area" is the metropolitan area
1-13     or nonmetropolitan county, as determined by the United States
1-14     Department of Housing and Urban Development, in which a fair market
1-15     rent applies.
1-16                 (3)  "Local governmental entity," "public employee,"
1-17     and "state governmental entity" have the meanings assigned by
1-18     Section 554.001.
1-19           Sec. 618.002.  EXEMPTION.  This chapter does not apply to a
1-20     public employee whose salary is set by the Texas Constitution.
1-21           Sec. 618.003.  PAYMENT OF MINIMUM WAGE.  A state or local
1-22     governmental entity shall pay to a public employee a wage that is
1-23     not less than the minimum hourly wage described by Section 618.004,
1-24     or the federal minimum hourly wage, whichever wage rate is greater.
 2-1           Sec. 618.004.  CALCULATION OF MINIMUM WAGE.  (a)  A state or
 2-2     local governmental entity shall pay a public employee a minimum
 2-3     hourly wage that is not less than the average weekly salary divided
 2-4     by 40.
 2-5           (b)  In calculating a minimum hourly wage:
 2-6                 (1)  the average weekly salary is the average monthly
 2-7     salary divided by 4.3; and
 2-8                 (2)  the average monthly salary is three times the fair
 2-9     market rent for the fair market rent area in which the state or
2-10     local governmental entity is located or where the employee performs
2-11     most of the employee's functions.
2-12           SECTION 2.  (a)  A state or local governmental entity shall
2-13     adopt a salary schedule in accordance with Chapter 618, Government
2-14     Code, as added by this Act, not later than October 1, 1999.
2-15           (b)  A state or local governmental entity shall implement a
2-16     salary schedule adopted under Subsection (a) of this section  on
2-17     the first day of the entity's first fiscal year that begins after
2-18     the effective date of this Act.
2-19           SECTION 3.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended,
2-24     and that this Act take effect and be in force from and after its
2-25     passage, and it is so enacted.