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.