SRC-TBR S.B. 1649 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1649
77R3178 MTB-FBy: Bernsen
Finance
4/9/2001
As Filed


DIGEST AND PURPOSE 

Currently, certain state employees are not allowed overtime for working
certain types of declared disasters.  As proposed, S.B. 1649 allows certain
state employees to earn overtime compensation while working certain types
of disasters. 

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 659B, Government Code, by adding Section
659.0165, as follows: 

Sec. 659.0165.  OVERTIME COMPENSATION FOR CERTAIN EMPLOYEES PERFORMING
DUTIES RELATED TO DISASTERS. (a)  Provides that this section applies only
to a state employee who is not eligible to be paid for overtime under other
law. 

(b)  Provides that a state employee who performs duties related to a
disaster that is declared by the president of the United States or the
governor is entitled to overtime compensation for hours worked in excess of
40 hours in a workweek from the day on which the state emergency operating
center is activated at least at level three until the day the disaster
field office closes. 

(c)  Provides that except as provided by Subsection (d), the employee is
entitled to compensation for the excess hours for the first 160 hours of
overtime worked under Subsection (b), in the manner provided by Section
659.015(c) and after the first 160 hours of overtime worked under
Subsection (b), by receiving pay for the overtime at the rate equal to
1-1/2 times the employee's regular rate of pay. 

(d)  Provides that an employee entitled to receive compensation under
Subsection (c)(1) may receive payment for the overtime or may accrue
compensatory time for the overtime hours worked at the discretion of the
employee. 

SECTION 2.  Effective date: September 1, 2001.