77R9709 ATP-D
By Davis of Dallas H.B. No. 2273
Substitute the following for H.B. No. 2273:
By Carter C.S.H.B. No. 2273
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the hours worked during a week by police officers in
1-3 certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 142.0015, Local Government Code, is
1-6 amended by amending Subsection (f), adding a new Subsection (g),
1-7 and redesignating existing Subsections (g), (h), (i), and (j) as
1-8 Subsections (h), (i), (j), and (k) to read as follows:
1-9 (f) Except [A police officer may not, except] as provided by
1-10 Subsection (h) [(g)] or (k) [(j)], a police officer may not be
1-11 required to work:
1-12 (1) more than 40 hours during a calendar week in a
1-13 municipality that:
1-14 (A) has a population of more than one million;
1-15 (B) is not subject to Section 142.0017; and
1-16 (C) has not adopted Chapter 174; or
1-17 (2) more hours during a calendar week than the number
1-18 of hours in the normal work week of the majority of the employees
1-19 of the municipality other than fire fighters and police officers in
1-20 a municipality not described by Subdivision (1).
1-21 (g) In determining whether a police officer is considered to
1-22 have been required to work overtime for purposes of this section,
1-23 all hours are counted during which the police officer:
1-24 (1) is required to remain available for immediate call
2-1 to duty by continuously remaining in contact with a police
2-2 department office by telephone or by radio;
2-3 (2) is taking any authorized leave, including sick
2-4 leave, vacation leave, holiday leave, compensatory time off, or
2-5 leave because of a death in the family; and
2-6 (3) is considered to have worked under Subsection (i).
2-7 (h) In the event of an emergency, a police officer may be
2-8 required to work more hours than permitted by Subsection (f). An
2-9 emergency is an unexpected happening or event or an unforeseen
2-10 situation or crisis that calls for immediate action and requires
2-11 the chief or head of the police department to order a police
2-12 officer to work overtime.
2-13 (i) [(h)] An officer required to work overtime in an
2-14 emergency is entitled to be compensated for the overtime at a rate
2-15 equal to 1-1/2 times the compensation paid to the officer for
2-16 regular hours unless the officer elects, with the approval of the
2-17 governing body of the municipality, to accept compensatory time
2-18 equal to 1-1/2 times the number of overtime hours. For purposes of
2-19 this subsection, compensable hours of work include all hours during
2-20 which a police officer is:
2-21 (1) on duty on the premises of the municipality or at
2-22 a prescribed workplace or required or permitted to work for the
2-23 municipality, including preshift and postshift activities that are:
2-24 (A) an integral part of the officer's principal
2-25 activity; or
2-26 (B) closely related to the performance of the
2-27 principal activity; and
3-1 (2) away from the premises of the municipality under
3-2 conditions that are so circumscribed that the officer is restricted
3-3 from effectively using the time for personal pursuits.
3-4 (j) [(i)] Bona fide meal periods are not counted as hours
3-5 worked. For a bona fide meal period, which does not include coffee
3-6 breaks or time for snacks, a police officer must be completely
3-7 relieved from duty. Ordinarily, 30 minutes or more is long enough
3-8 for a bona fide meal period. A period shorter than 30 minutes may
3-9 be long enough for a bona fide meal period under special
3-10 conditions. A police officer is not relieved from duty if the
3-11 officer is required to perform any duties, whether active or
3-12 inactive, during the meal period.
3-13 (k) [(j)] If a majority of police officers working for a
3-14 municipality sign a written waiver of the prohibition in Subsection
3-15 (f), the municipality may adopt a work schedule for police officers
3-16 requiring a police officer to work more hours than permitted by
3-17 Subsection (f). The officer is entitled to overtime pay if the
3-18 officer works more hours during a calendar month than the number of
3-19 hours in the normal work month of the majority of the employees of
3-20 the municipality other than fire fighters and police officers.
3-21 SECTION 2. This Act takes effect September 1, 2001.