SRC-MKV S.B. 557 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 557
77R3747 KSD-DBy: Carona
Intergovernmental Relations
2/26/2001
As Filed


DIGEST AND PURPOSE 

Under current law, Dallas is the largest city in Texas not to adopt a civil
service program under Chapter 143, Texas Local Government Code.  As a
result, public sector employment practices are governed by municipal
ordinance and regulations.  Concerns have been raised, particularly within
the Dallas Police Department, regarding inequitable procedures for
compensation of overtime and/or compensatory time off.  Under the current
policy, some employees receive financial compensation for their time, while
others are required to flex their schedules accordingly instead of
receiving compensation.  As proposed, S.B. 557 prevents officers above the
rank of captain from receiving compensation for overtime or compensatory
time off. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 142, Local Government Code, by adding Section
142.012, as follows: 

Sec. 142.012.  OVERTIME COMPENSATION FOR CERTAIN POLICE DEPARTMENT OFFICERS
AND CIVILIAN EMPLOYEES.  (a) Provides that this section applies only to a
municipality with a population of one million or more that has not adopted
Chapter 143 (Municipal Civil Service). 

(b) Prohibits police department employees above a certain rank from
receiving compensation for overtime or compensatory time off, subject to
the federal Fair Labor Standards Act of 1938 (29 U.S.C., Section 201, et
seq.). 

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.