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.