By Carona                                              S.B. No. 557
         77R3747 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to overtime compensation for certain municipal police
 1-3     department officers and civilian employees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 142, Local Government Code, is amended by
 1-6     adding Section 142.012 to read as follows:
 1-7           Sec. 142.012.  OVERTIME COMPENSATION FOR CERTAIN POLICE
 1-8     DEPARTMENT OFFICERS AND CIVILIAN EMPLOYEES. (a)  This section
 1-9     applies only to a municipality with a population of one million or
1-10     more that has not adopted Chapter 143.
1-11           (b)  Subject to the federal Fair Labor Standards Act of 1938
1-12     (29 U.S.C. Section 201 et seq.), an employee of the police
1-13     department may not receive compensation for overtime or
1-14     compensatory time off if:
1-15                 (1)  the employee is a police officer who has a rank
1-16     above the rank of captain and whose appointment to the officer's
1-17     current rank was not based at least in part on the officer's
1-18     performance on a competitive examination; or
1-19                 (2)  the employee is a civilian who receives a salary
1-20     greater than the lowest base salary that the municipality pays a
1-21     captain and whose appointment to the civilian's current position
1-22     was not based at least in part on the civilian's performance on a
1-23     competitive examination.
1-24           SECTION 2.  This Act takes effect September 1, 2001.  The
 2-1     change in law made by this Act applies beginning with the first
 2-2     full pay period that begins on or after that date.