1-1     By:  Davis of Dallas (Senate Sponsor - Cain)          H.B. No. 2273
 1-2           (In the Senate - Received from the House May 3, 2001;
 1-3     May 4, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 10, 2001, reported favorably by
 1-5     the following vote:  Yeas 6, Nays 0; May 10, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the hours worked during a week by police officers in
1-10     certain municipalities.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 142.0015, Local Government Code, is
1-13     amended by amending Subsection (f), adding a new Subsection (g),
1-14     and redesignating existing Subsections (g), (h), (i), and (j) as
1-15     Subsections (h), (i), (j), and (k) to read as follows:
1-16           (f)  Except [A police officer may not, except] as provided by
1-17     Subsection (h) [(g)] or (k) [(j)], a police officer may not be
1-18     required to work:
1-19                 (1)  more than 40 hours during a calendar week in a
1-20     municipality that:
1-21                       (A)  has a population of more than one million;
1-22                       (B)  is not subject to Section 142.0017; and
1-23                       (C)  has not adopted Chapter 174; or
1-24                 (2)  more hours during a calendar week than the number
1-25     of hours in the normal work week of the majority of the employees
1-26     of the municipality other than fire fighters and police officers in
1-27     a municipality not described by Subdivision (1).
1-28           (g)  In determining whether a police officer is considered to
1-29     have been required to work overtime for purposes of Subsection
1-30     (f)(1), all hours are counted during which the police officer:
1-31                 (1)  is required to remain available for immediate call
1-32     to duty by continuously remaining in contact with a police
1-33     department office by telephone or by radio;
1-34                 (2)  is taking any authorized leave, including sick
1-35     leave, vacation leave, holiday leave, compensatory time off, or
1-36     leave because of a death in the family; and
1-37                 (3)  is considered to have worked under Subsection (i).
1-38           (h)  In the event of an emergency, a police officer may be
1-39     required to work more hours than permitted by Subsection (f). An
1-40     emergency is an unexpected happening or event or an unforeseen
1-41     situation or crisis that calls for immediate action and requires
1-42     the chief or head of the police department to order a police
1-43     officer to work overtime.
1-44           (i) [(h)]  An officer required to work overtime in an
1-45     emergency is entitled to be compensated for the overtime at a rate
1-46     equal to 1-1/2 times the compensation paid to the officer for
1-47     regular hours unless the officer elects, with the approval of the
1-48     governing body of the municipality, to accept compensatory time
1-49     equal to 1-1/2 times the number of overtime hours.  For purposes of
1-50     this subsection, compensable hours of work include all hours during
1-51     which a police officer is:
1-52                 (1)  on duty on the premises of the municipality or at
1-53     a prescribed workplace or required or permitted to work for the
1-54     municipality, including preshift and postshift activities that are:
1-55                       (A)  an integral part of the officer's principal
1-56     activity; or
1-57                       (B)  closely related to the performance of the
1-58     principal activity; and
1-59                 (2)  away from the premises of the municipality under
1-60     conditions that are so circumscribed that the officer is restricted
1-61     from effectively using the time for personal pursuits.
1-62           (j) [(i)]  Bona fide meal periods are not counted as hours
1-63     worked.  For a bona fide meal period, which does not include coffee
1-64     breaks or time for snacks, a police officer must be completely
 2-1     relieved from duty.  Ordinarily, 30 minutes or more is long enough
 2-2     for a bona fide meal period.  A period shorter than 30 minutes may
 2-3     be long enough for a bona fide meal period under special
 2-4     conditions.  A police officer is not relieved from duty if the
 2-5     officer is required to perform any duties, whether active or
 2-6     inactive, during the meal period.
 2-7           (k) [(j)]  If a majority of police officers working for a
 2-8     municipality sign a written waiver of the prohibition in Subsection
 2-9     (f), the municipality may adopt a work schedule for police officers
2-10     requiring a police officer to work more hours than permitted by
2-11     Subsection (f).  The officer is entitled to overtime pay if the
2-12     officer works more hours during a calendar month than the number of
2-13     hours in the normal work month of the majority of the employees of
2-14     the municipality other than fire fighters and police officers.
2-15           SECTION 2. This Act takes effect September 1, 2001.
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