By:  Bernsen                                          S.B. No. 1649
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing overtime compensation for certain state
 1-3     employees performing duties related to declared disasters.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 659, Government Code, is
 1-6     amended by adding Section 659.0165 to read as follows:
 1-7           Sec. 659.0165.  OVERTIME COMPENSATION FOR CERTAIN EMPLOYEES
 1-8     PERFORMING DUTIES RELATED TO DISASTERS.  (a)  This section applies
 1-9     only to a state employee who is not eligible to be paid for
1-10     overtime under other law.
1-11           (b)  A state employee who performs duties related to a
1-12     disaster that is declared by the president of the United States or
1-13     the governor is entitled to overtime compensation for hours worked
1-14     in excess of 40 hours in a workweek from the day on which the state
1-15     emergency operating center is activated at least at level three
1-16     until the day the disaster field office closes.
1-17           (c)  Except as provided by Subsection (d), the employee is
1-18     entitled to compensation for the excess hours:
1-19                 (1)  for the first 160 hours of overtime worked under
1-20     Subsection (b), in the manner provided by Section 659.015(c); and
1-21                 (2)  after the first 160 hours of overtime worked under
1-22     Subsection (b), by receiving pay for the overtime at the rate equal
1-23     to 1-1/2 times the employee's regular rate of pay.
1-24           (d)  An employee entitled to receive compensation under
1-25     Subsection (c)(1) may receive payment for the overtime or may
 2-1     accrue compensatory time for the overtime hours worked, at the
 2-2     discretion of the employee.
 2-3           SECTION 2.  This Act takes effect September 1, 2001.