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.