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.
2-16 * * * * *